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Old January 22nd, 2008, 06:39 PM   #1
Redneck
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W.V. Shooting Laws

My gfs parents just bought 11 acres in West Virginia and Im thinking about going up there saturday. Im looking at this as a good chance to sight in a few rifles that are either new or have had different optics put on them. There are no neighbors within at least 150yds that I know of most likely they are further than that. Im thinking Im not going to take anything loud, my new 10/22, 17 hmr, and maybe my CX4 storm. I will save the loud stuff for sunday. Am I ok to shoot up there or should I just wait until sunday. Her parents dont care if I bring bring my guns, they are just unsure of the law.


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Old January 22nd, 2008, 06:52 PM   #2
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http://www.atf.treas.gov/firearms/st...tion/index.htm )click on West Virginia)

I cannot help much, but one thing I can say by looking it up on the link above is that there really aren't that many WV gun laws
I didn't see anything with my quick glance saying you cannot fire a rifle on private property, but then again I didn't see any state preemption about the discharge of firearms either.
In other words unless I missed the state preemption statute, local laws and restrictions may apply even if no state law dissallowing it exists.

Hope this helps.
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Old January 22nd, 2008, 07:03 PM   #3
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I think you would be breaking the law if you DIDN'T shoot some guns in WV
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Old January 22nd, 2008, 07:16 PM   #4
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It should be pretty lax. I never heard anything from family up in WV about they couldn't shoot. What part of WV did they get a place? I have family in Terra Alta, Kingwood, and Morgantown.


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Old January 22nd, 2008, 07:20 PM   #5
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the people i know in west by God are generally very firearm friendly. i mean, you can't go wrong with a state that is NICS check, cash, and carry for pretty much all firearms.

i'm no lawyer, but i know of no law regarding discharge.
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Old January 22nd, 2008, 07:30 PM   #6
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The house is in Berkley Springs if that makes any difference.


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Old January 22nd, 2008, 07:36 PM   #7
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I have property in WV so I might be able to help a little, but where my place is (Monroe County) is a couple world's away from Berkley Springs.

We asked about shooting when we bought the place and the response was basically, "Hell, boy, it's expected". People ride around with their rifles on their 4-wheelers and pistols sitting on the front seat of their truck.....all perfectly legal.

Morgan County is a lot (A LOT) more densely populated than Monroe, so that's an issue. Also remember that probably half of the people in that county aren't from there....they're from MD, so keep that in mind.

In WV, the sheriffs have a tremendous amount of authority, and the counties get to have lots of leeway in how they govern themselves. My humble advice would be to call the sheriff's department for Morgan County (where Berkley Springs is) and ask them what the deal is.

I'd be anxious to hear the answer.
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Old January 22nd, 2008, 09:02 PM   #8
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Quote:
Originally Posted by AKbythebay View Post
I think you would be breaking the law if you DIDN'T shoot some guns in WV
Or have intimate knowledge of a blood relative.


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Old January 23rd, 2008, 11:18 AM   #9
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That part of West Virginia is worlds away from the Southern/Central portion where I grew up and now have a home at again, but it is still West Virginia! I'm down at my place for about 4 days every other week (even though it takes almost 7 hours to reach from S. Maryland), and I always do some shooting when I'm there. My nearest neighbor is almost a mile away, but even if they were closer it wouldn't make a difference, every one I know up there shoots. Counties, cities and towns don't have pre-emption over state law, so following state firearm laws is what you need to worry about, and there ain't many of them.
So take your guns and have fun shooting, may make some new friends with some of the neighbors around your future inlaws property.
Oh, Norton, the population differences aren't that great between Monroe and Morgan Counties, around 2000 people difference at the 2000 census. Now density is quite different as Morgan is a smaller county and has a much higher population density then Monroe. The County/ies (my property is on the border of two) I live in has even a smaller population density (whoo hoo!)
Have fun up there Redneck17 and enjoy your shootin!
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Old January 23rd, 2008, 11:23 AM   #10
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Quote:
Originally Posted by Redneck17 View Post
The house is in Berkley Springs if that makes any difference.
I don't know if its legal but I used to shoot a lot on my friends property out that way... I'm fairly certain it is legal, but even if it wasn't no one seemed to mind... and we must have sounded like a godamned war zone.
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Old January 23rd, 2008, 11:42 AM   #11
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The best thing about my place is that it sits in a bowl with a mountain between my property and the neighbors'. Natural backstop
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Old January 23rd, 2008, 12:29 PM   #12
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The best thing about my place is that it sits in a bowl with a mountain between my property and the neighbors'. Natural backstop
MD Shooters Spring Thaw GTG @ Norton's


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Old January 26th, 2008, 08:07 PM   #13
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Just got home a little while ago. They has 12 acres with lots of land around them. All trees and hills. I litteraly opened my truck door when I pulled up and heard somebody blast a 22. Right then I knew Id be good. I looked around for a while and found the best place to shoot away from the house and neighbors and set up there. Since I was only 92 yards from the nieghbors house facing away from him I decided for good measure Id walk over and ask if he had any problems with me shooting. He said no not at all. Since I was kinda close to our house and the neighbor was home I only shot the small stuff. The AR just sat their all day, but thats what tomm is for. I could only get a solid 50 yard shot, but that was good enough for me. Just enough to get my 17 HMR, 10/22, and CX4 dialed in. I mainly shot the 17. That thing is sweet. Im so glad I finally bought one. I cant wait to see what it can do at 100+ yards. Imma go back up and build a deer stand in the spring sometime.


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Old July 21st, 2008, 11:08 PM   #14
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Should Not Shoot within 500 of a dwelling house

I noticed the prior posts and, while as a practical matter it depends upon whether anyone actually complains (make friends with neighbors), you technically cannot shoot within 500' of a dwelling.

§20-2-58. Shooting across road or near building or crowd; penalty.
It shall be unlawful for any person to shoot or discharge any firearms across or in any public road in this state, at any time, or within four hundred feet of any schoolhouse or church, or within five hundred feet of any dwelling house, or on or near any park or other place where persons gather for purposes of pleasure, and any person violating this section is guilty of a misdemeanor: Provided, That any person operating a gun repair shop, licensed to do business in the state of West Virginia and duly licensed under applicable federal statutes, may be exempted from the prohibition established by this section and section twelve, article seven, chapter sixty-one of this code for the purpose of test firing a firearm. The director of the department of natural resources shall prescribe such rules as may be necessary to carry out the purposes of the exemption under this section and section twelve, article seven, chapter sixty-one and shall ensure that any person residing in any dwelling home within five hundred feet of such gun repair shop be given an opportunity to protest the granting of such exemption.

As to Open Carry, it is legal without a permit so long as it is not a prohibited place (School, Courthouse, federal property etc) and as long as you do not handle the weapon in a manner which breaches the peace (causes alarm) Make sure when in a vehicle it is not hidden from view during a traffic stop.

Hope this helps.

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Old July 21st, 2008, 11:15 PM   #15
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Old July 21st, 2008, 11:24 PM   #16
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I'm surprised bean hasn't poked his head in here yet...
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Old July 21st, 2008, 11:55 PM   #17
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well thanks for chiming me in...

meh berkeley springs is about a 30 minute drive for me depending on which route i take.

im comfy on my 7 1/2 acres and can fisg whenever since i live on the opequon creek and have lots of friends with 80+ acres to shoot and hunt on


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Old July 22nd, 2008, 06:50 AM   #18
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My family has 300 acres up in north west WV. Tyler county area to be exact. I go up there to see relatives, and shoot a couple times a year. Granted, my property is like nortons where it is encircled by mountains that we own a good bit of, and the 4th side is closed in by a creek. Anyone that has been up in the middle of no where WV, knows that the roads typically follow creeks/streams/rivers etc. So, as long as I stay away from the creek, I am fine.

I have not had one issue shooting up there. In fact, usually after I start shooting, you hear all the local neighboors start doing the same One time, there must have been an accident or something, but at least 7 police cars and 4 ambulances passed by me, maybe 1/4 mile away on the road (I was shooting away from the road obviously) while I was messing with my 30-30 with hunting ammo. No issues. It may depend where you go, but WV is like a whole nother world from my experience. Much more laid back, much more friendly. As long as you are not endangering anyone, you more than likely won't have a problem. I got my Jeep stuck up on a mountain trail on our property. Found a random group of ATVs on the road (yea, they can drive on the roads there ) and asked if they would help. Said I was sorry to inconvenience them. They told me to grab a beer and a shovel, and that they live for shooting and getting dirty. No trouble at all

Call the local LEOs and ask, but they will probably tell ya to just be careful, don't shoot near anyone/anything where people might be, and you will be ok.
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Old July 22nd, 2008, 07:41 AM   #19
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It should be pretty lax. I never heard anything from family up in WV about they couldn't shoot. What part of WV did they get a place? I have family in Terra Alta, Kingwood, and Morgantown.
Ever been to the "Buckwheat Festival"?


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Old July 22nd, 2008, 09:05 AM   #20
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Ever been to the "Buckwheat Festival"?
I haven't but my grandparents used to go back up for it. I do know that a cousin was the Buckwheat Princess a few years back.


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Last edited by Adams74Chevy; July 22nd, 2008 at 09:06 AM. Reason: Spellin'
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