West Virginia Concealed Carry Firearm Laws

West Virginia: Gun Laws Summary

West Virginia is a shall-issue state with concealed weapons licenses issued at the county level by the sheriff’s office. There is no permit, background check, waiting period, or firearms registration required when buying a handgun from a private individual in West Virginia.

West Virginia is a permitless carry state. Open carry is legal with no requirement to have a license to carry a firearm, provided the person is at least 18 years old and is legally entitled to have a firearm under state and federal law. Some areas are off-limits, including schools and courthouses. To concealed carry without a license, a person must be a U.S. citizen or legal resident of the U.S., that is at least 21 years old and is legally entitled to have a firearm under state and federal law. If an 18- to 20-year-old wishes to concealed carry, they would require a Provisional Concealed Handgun License (CHL). West Virginia CHLs are issued to residents and members of the military permanently posted in West Virginia. As of July 6, 2021, the State will issue permits to non-residents. CHLs require a firearms training course in handling and firing a handgun. In terms of reciprocity, West Virginia honors all out-of-state concealed carry permits. [source]

Self-Defense

West Virginia is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat in any place a person has a legal right to be if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm.

Use of Force Within a Home or Other Residence

A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder’s or attacker’s unlawful entry. That is if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary. A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker.

Civil Immunity

The justified use of reasonable and proportionate force under this section constitutes a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.

Use of Force Outside of a Home or Other Residence

A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker, provided the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker.

[source]

West Virginia: Gun Laws at a Glance


Magazine Capacity Restrictions	West Virginia does not have magazine capacity restrictions.
Permitless Carry	West Virginia allows permitless carry.
Ammunition Restrictions	West Virginia does not have ammunition restrictions.
Open Carry	Yes, without a license. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry.
Concealed Carry License Issuance	West Virginia is a shall-issue state.
Minimum Age for Concealed Carry License	An individual at least 18 years old can apply for a Provisional License. Regular licenses require the applicant to be at least 21 years old.
Concealed Carry of Weapons Other Than Handguns	No. A concealed carry license in West Virginia does not allow you to carry weapons other than handguns.
Taser or Stun Gun Ownership	Yes. Stun guns and Tasers are legal to purchase without a license. (W. Va. Code § 61-7-2)
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in West Virginia. (W. Va. Code § 61-7-3)

West Virginia: Carry Locations


Can you carry a concealed handgun in a vehicle in West Virginia?	Yes, without a license for persons at least 21 years old (18 years old for members of the United States Armed Forces, Reserve or National Guard) and legally entitled to have a firearm under state and federal law. [W. Va. Code Ann. § 20-2-5(9)][W. Va. Code Ann. § 61-7-7] On March 9, 2022, Gov. Jim Justice signed HB 4048 into law, which permits individuals to lawfully possess loaded or uncased long guns in their vehicles. It will go into effect on May 24, 2022.
Can you carry a concealed firearm at roadside rest areas in West Virginia?	Yes. Concealed carry at roadside rest areas in West Virginia is allowed.
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in West Virginia?	Yes, without a license. [WV DNR State Parks Rules]
Can you carry a concealed firearm in bars and restaurants that serve alcohol in West Virginia?	Yes, there is no statute making it illegal to concealed carry, unless posted.
Can you carry or possess a firearm on hotel property in West Virginia?	West Virginia statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
Does West Virginia have laws relating to storing firearms in private vehicles in an employee parking lot?	No person charged with the care, custody and control of real property may prohibit any customer, employee or invitee from possessing any legally owned firearm, when the firearm is: Lawfully possessed; Out of view; Locked inside or to a motor vehicle in a parking lot; and When the customer, employee or invitee is lawfully allowed to be present in that area. No employer may condition employment upon either the fact that a prospective employee holds a concealed carry license or an agreement with a prospective employee prohibiting that person from keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot when the firearm is kept for lawful purposes. [W. Va. Code Ann. § 61-7-14]

West Virginia: Key State Laws


Does West Virginia issue concealed carry licenses to non-residents?	Yes, as of July 6, 2021.
Do you have a duty to inform a police officer that you’re carrying a concealed firearm in West Virginia?	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in West Virginia.
Is my West Virginia driver’s license linked to my West Virginia carry license?	No. Your West Virginia driver’s license is not linked to your West Virginia concealed handgun license (CHL). Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. [source]
Does West Virginia allow the public to access concealed carry registry information through public records law?	The issuing sheriff is required to furnish the Superintendent of the West Virginia State Police with a certified copy of any approved license applications and, when requested, a certified list of all licenses issued in the county. The Superintendent shall maintain a registry of all persons who have been issued concealed weapons licenses. [source]
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.	No. West Virginia does not enforce “No Weapons Allowed” signs. [source]
Does West Virginia have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes, the state has preemption of firearms laws in West Virginia, except municipalities may regulate the:* Carry or possession of a firearm in municipal buildings;

Carry or possession of a deadly weapon, firearm, or pepper spray openly or that is not lawfully concealed in municipal recreational facilities: provided a municipality may not prohibit a person with a valid concealed handgun license from carrying an otherwise lawfully possessed firearm into a municipally owned recreation facility and securely storing the firearm out of view and access to others during their time at the municipally owned recreation facility; and
Carry or possession of deadly weapon, firearm, or pepper spray on municipally owned or operated buildings and municipally owned recreation facilities only by individuals without concealed carry licenses.

Municipalities must provide signage for any areas with restrictions. In addition, a person may keep an otherwise lawfully possessed deadly weapon, firearm, or pepper spray in a motor vehicle in municipal public parking facilities if the vehicle is locked and the deadly weapon, firearm, or pepper spray is out of view.Municipalities may not restrict the carrying or possessing of deadly weapons, firearm, or pepper spray, which are otherwise lawfully possessed, on public streets and sidewalks of the municipality. [W. Va. Code Ann. § 8-12.5(a)]As of June 24, 2020, state preemption has been extended.(a) No municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, pepper spray, ammunition or ammunition components so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law. [source] | | Does West Virginia have a red flag law? | No. West Virginia does not have a red flag law. [source] | | Does West Virginia state law define brandishing? | Yes. It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. [W. Va. Code Ann. § 61-7-11] | | Does West Virginia have laws regarding carrying a concealed firearm while using alcohol or drugs? | Not addressed in state statutes. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences. [source] |

West Virginia: Handgun Purchase and Possession


Background Checks for Private Gun Sales	Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [source]
Minimum Age to Possess and Transport a Handgun	The minimum age to possess and transport a handgun in West Virginia is 18. [W. Va. Code Ann. § 61-7-8]
Permitless Carry in Your Home	Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm in West Virginia. [source]
Permit Required to Purchase a Handgun	No. A permit is not required to purchase a handgun in West Virginia. [source]
Exemption from Background Check with Concealed Carry License	Yes. [source]
Handgun Waiting Period	No. West Virginia does not have a waiting period for handgun purchases. [source]
Handgun Registration	No. Handguns do not need to be registered in West Virginia. [source]