Non-resident, open carry on private propert

[durkspunk2112]

Non-resident, open carry on private property

Just thought I'd throw this question out there...

My father lived in Jefferson County WV. He recently passed away,
leaving behind a house and some property. As executor of his estate, I have the responsibility of taking care of the house and property until it gets sold. My father had been in a nursing home for a year prior to his death so I've been taking care of the property for a while. It's fairly remote with a mix of good neighbors and "bad". I've always taken my 870 w/ 18" barrel with me but it's hard to ride around on a tractor with a shotgun on your back! And you tend to look like an idiot.

I have already caught some crack-head stealing stuff (lawn mower, landscape lights, hose, anything not nailed down) by catching him on one of many trail cams I have set up around the house. I was able to identify the person and actually got the stuff back.

The question would be is it perfectly fine for me to open carry a handgun while on the property? Even though I'm a Maryland resident.

 

[Docster]

Just thought I'd throw this question out there...

My father lived in Jefferson County WV. He recently passed away,
leaving behind a house and some property. As executor of his estate, I have the responsibility of taking care of the house and property until it gets sold. My father had been in a nursing home for a year prior to his death so I've been taking care of the property for a while. It's fairly remote with a mix of good neighbors and "bad". I've always taken my 870 w/ 18" barrel with me but it's hard to ride around on a tractor with a shotgun on your back! And you tend to look like an idiot.

I have already caught some crack-head stealing stuff (lawn mower, landscape lights, hose, anything not nailed down) by catching him on one of many trail cams I have set up around the house. I was able to identify the person and actually got the stuff back.

The question would be is it perfectly fine for me to open carry a handgun while on the property? Even though I'm a Maryland resident.

There may be some WV residents to chime in, but the quickest and most accurate answer will come from the WV State Police office or Web site.

 

[outrider58]

I'm no lawyer but, I'm of the belief that it's better to be judged by 12 than carried by six. Again, not suggesting breaking the law but, I'd be looking out for my own safety out there. No one else will be.

 

[durkspunk2112]

There may be some WV residents to chime in, but the quickest and most accurate answer will come from the WV State Police office or Web site.

I checked the WVSP web-site. Lots of info on how to get your CCL! I may have to visit the Jefferson Co. Sheriff's office in Charles Town. I need to go in and pay the property taxes anyway.

 

[Threeband]

My understanding is that W. Va. is an Open Carry state, and residency has nothing to do with it.

CHECK WITH OFFICIAL SOURCES, but you should be good to OC anywhere it's legal.

Handgunlaw.us http://www.handgunlaw.us/states/westvirginia.pdf Links to official sources.

 

[davsco]

http://www.handgunlaw.us/states/westvirginia.pdf

says no permit is needed to open carry within the state with a few places prohibited.

 

[Shazam]

The relatively easy to obtain Utah carry permit has reciprocity with WV if the state doesn't want to issue you a permit. However on you own land, I wouldn't think you need one.

In what part of Jefferson County is the property located. My wife and I are looking to buy a place near Summit Point.

 

[SRD]

My understanding is that W. Va. is an Open Carry state, and residency has nothing to do with it.

CHECK WITH OFFICIAL SOURCES, but you should be good to OC anywhere it's legal.

Handgunlaw.us http://www.handgunlaw.us/states/westvirginia.pdf Links to official sources.

http://www.handgunlaw.us/states/westvirginia.pdf

says no permit is needed to open carry within the state with a few places prohibited.

The above.IANAL

 

[Fox123]

you should be able to open carry even off the property. WV is in America and is an open carry state.

pretty handy pamphlet:

http://carsontech.webs.com/Gun Laws/WV Gun Carry Pamphlet 8-23-12.pdf

 

[durkspunk2112]

The relatively easy to obtain Utah carry permit has reciprocity with WV if the state doesn't want to issue you a permit. However on you own land, I wouldn't think you need one.

In what part of Jefferson County is the property located. My wife and I are looking to buy a place near Summit Point.

About 5 miles up the Shenandoah River from Harpers Ferry. From the property you can see the river, about 500 yards away. It's about a mile down stream of the new rte. 9 bypass bridge. He bought the property back in the early 70's for $500 an acre!

 

[durkspunk2112]

My understanding is that W. Va. is an Open Carry state, and residency has nothing to do with it.

CHECK WITH OFFICIAL SOURCES, but you should be good to OC anywhere it's legal.

Handgunlaw.us http://www.handgunlaw.us/states/westvirginia.pdf Links to official sources.

found this...§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from
licensing fees.
(a) The licensure provisions set forth in this article do not apply to:
(1) Any person:
(A) Carrying a deadly weapon upon his or her own premises

 

[durkspunk2112]

The above.IANAL

Absolutely..I will place a call to the sheriff's dept. prior to doing anything.

Thanks for the help gang!

 

[PapiBarcelona]

Residency doesn't matter for Open Carry.

 

[PapiBarcelona]

There was some bad info on a firearms pamphlet from the Attorney General Office years ago in regards to Open Carry but I'm pretty sure they got that corrected.

I guess I understand the fear mongering being a MD resident myself and stepping foot into a state that's firearm laws are totally 180 degrees opposite.

I travel to family in Grant County semi often in real remote and rural parts. I'm sure a WV law officer would ask why you aren't wearing a pistol.

 

[davsco]

just fyi I got pulled for speeding last year in wva. he asked if any guns in vehicle and I said yeah a bunch as I shoot 3 gun. so he said just leave them alone, we talked about 3 gun a little, still got the ticket, he reduced the speed but where they get you is the absurd court costs, something like $150.

 

[MontaniSemperLiberi]

1. Go to the WV Attorney General's office's official site to get the most up to date information. Our laws have changed pretty dramatically since the one linked was published.

2. Never, ever ask law enforcement for legal advice, legal interpretation, etc. It is nothing against them, but they are paid to enforce the law; not how to read, interpret and apply it.

That said, the WV Constitution 3-22 does not specify that it applies only to residents. If you have further questions, I would suggest asking the West Virginia Open Carry group on Facebook or consulting with an attorney.

 

[dfens42]

http://www.wvcdl.org/WVCCW.php

That's the WVCDL page with all the info.

http://www.ago.wv.gov/gunreciprocity/Documents/Firearms Handbook.PDF

That's the AG booklet.

http://www.wvsp.gov/about/Pages/LegalDivisionFAQs.aspx

WVSP Legal Division FAQ.