W.V. Shooting Laws

alucard0822 · Jul 22, 2008

I do like visiting West Virginia, lots of good hiking, horseback riding, historical stuff, gun stuff, and Charles Towne races and slots.

Last weekend I was on vacation in the area and saw as shirt at a marina that said: Welcome to West Virginia, if you hear banjo music, paddle faster

VNVGUNNER · Jul 22, 2008

I'm heading out Friday am, to Morgantown on the motorcycle, for Mountain Fest, hope the weather gets better fast.

Maxx · Jun 9, 2009

Does anyone know if you can get a WV C.C. Permit if they only own land?

novus collectus · Jun 9, 2009

Maxx said:
Does anyone know if you can get a WV C.C. Permit if they only own land?

That would actually work in SC, but I am not sure if it would work in WV and I have doubts.

novus collectus · Jun 9, 2009

In WV there are different residency requirements. One is for the ability to file for divorce there and that is one year. The other is for the drivers license and that just requires proof or residency including utility bills and a physical mailing address which is not a PO box as I understand it. There are probably more and conflicting ones.

HOwever, there is some court precedent for WV as I am reading this:

"Domicile" includes residence with an intention to remain, but no length of residence without intention of remaining constitutes "domicile." Andrews v. Mundy, 14 S. E. 414, 417, 36 W. Va. 22; Munroe v. Williams. 16 S. E. 533, 535, 37 S. C. 81, 19 L. R. A. 665. It has been said that every person has in law a "domicile," or home, and that the original domicile can only be lost by the acquisition of another. It is acquired by act and intention. The intention gives character and effect to the act, as where a new abode is taken up with the intention to abandon the old one. Morgan v. Munes, 54 Mis. 308, 310.

"The 'domicile' is the habitation fixed in any place with an intention of always staying there, while simple 'residence' is much more temporary in its character. No lenght of residence without the intention of remaining constitutes 'domicle.'" A person's domicle may be one place, while his residence for the time being may be another. [citation ommitted for brevity]

The true basis and foundation of domicile is the intention, the quo animo, of the residence of a person. The apparent or avowed intention of the constant residence, not the manner of it, constitutes a "domicile" [citation ommited]....

...[skip a lot]...

....There is a difference between "domicile" and "residence." "Residence" is used to indicate the place of abode, whether permanent or temporary. "Domicile" denotes a fixed permananent residence to which, when absent, one has intention f returning. "Domicile" is composed of two elements, residence and inention, and both of these must concur. "Redsidence," without the requisite intention to remain, will not suffice to give one a domicile, nor will an intention to change one's domicile, unaccompanied by actual removal, constitute a "domicile". [citation ommitted].

"Residence" and "domicile" do not have the same meaning. The first is used to indicate the place of dwelling, whether permanent or temporary; the second to denote a fixed permanent residence to which, when absent, one has the intention of returning. The distinction is the same as is sometimes made between "actual residence" and "legal residence" or "inhabitancy". The actual residence is not always the legal residence or inhabitancy of a man.

http://books.google.com/books?id=2Y...&oi=book_result&ct=result&resnum=5#PPA2173,M1

Pushrod · Jun 10, 2009

Maxx said:
Does anyone know if you can get a WV C.C. Permit if they only own land?

No, you have to be a permanent resident of West Virginia to get a CC permit. They do not offer non-resident permits. Also, land owners that are not residents must purchase out of state hunting license to hunt in WV, even on their own land, but if a permanent resident, you do not need a license to hunt on your own land.

Maxx · Jun 10, 2009

Thanks for the info, I sure was hoping...

Neighbors to my property have some pictures of a few bears wandering around, so it would make me feel a little more at ease having something at my side while hiking the area.

X-Factor · Jun 10, 2009

I'm wondering if a move to WVa, Tennessee or Texas would be in my best interests LOL

Pushrod · Jun 11, 2009

Maxx said:
Thanks for the info, I sure was hoping...

Neighbors to my property have some pictures of a few bears wandering around, so it would make me feel a little more at ease having something at my side while hiking the area.

Hey Maxx, Open carry is legal in West Virginia, so you could still be covered.

Redneck · Jun 11, 2009

Pushrod said:
Hey Maxx, Open carry is legal in West Virginia, so you could still be covered.

check with the local LE, if you plan on doing so. It is legal, but not recomended in some areas/towns/cities

Maxx · Jun 11, 2009

I guess I've lived in MD to long, I wouldn't feel comfortable walking around with my 6 shooters on my hips, besides my property almost buts up against the MD state line. :-(

OnTarget · Jun 15, 2009

Pushrod said:
No, you have to be a permanent resident of West Virginia to get a CC permit. They do not offer non-resident permits. Also, land owners that are not residents must purchase out of state hunting license to hunt in WV, even on their own land, but if a permanent resident, you do not need a license to hunt on your own land.

Hi Pushrod: Since WV recently changed their residency law (effective on July 10), will WV then accept the FL Non-resident CCW permit?
Thanks.

Pushrod · Jun 16, 2009

OnTarget said:
Hi Pushrod: Since WV recently changed their residency law (effective on July 10), will WV then accept the FL Non-resident CCW permit?
Thanks.

Yep, West Virginia has recipriocity with Florida and come July 10th, non-resident Florida CCW holders will have their permits honored in West Virginia. I can't wait! :thumbsup:

ACMAN · Nov 2, 2012

I know this is an old thread but I want to run something by you guys. I know that it is illegal to shoot a firearm closer than 500 feet from a home.
OK. Got that.
Can I be 501' away from my home with the firearm, discharge the firearm at a target that is less than 500' away from my home.
The way my property is set up I can get my bench more than 500' away from the house but the target will be about 150-175' from the house. I do have an earthen bullet trap that I can use.
Technically I am more than 500' away when the firearm is disharged. :innocent0

Am I splitting hairs here?
What do you guys think?

Rem700fan · Nov 2, 2012

I live in WV and fire from my deck. I dont think you will have any issues with the 500' law unless someone else complains. That is why it is good to know your neighbors. Mine know that I know where the homes are and are not and I know the same of them. Just be safe and you wont have any issues. Heck down here some HOA's are more of a pain than the law. But HOA's only have civil recourse as long as you are obeying the law, so not really much of an issue.

davsco · Nov 2, 2012

ACMAN;1918242 Can I be 501' away from my home with the firearm said:
there is a distance law in Virginia. but it relates to homes of others, NOT your home. i suspect it's the same wording/intent in the WV laws, but of course you should read the wording closely.

ACMAN · Nov 3, 2012

No HOA

Neighbors are great and fairly far away. I'll invite the neighbors over for a target shooting cookout. :gun1:

Biggfoot44 · Nov 3, 2012

I would presume that you would give permission to yourself to shoot near your own house.

bcr229 · Nov 3, 2012

ACMAN said:
No HOA Neighbors are great and fairly far away. I'll invite the neighbors over for a target shooting cookout.

So, uh, when and where in WV is this cookout? I can bring food, weapons, ammo...

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