Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|WEST VIRGINIA GUN LAWS - OVERVIEW|
West Virginia Code Chapter 61, Article 7: Dangerous Weapons
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
West Virginia prohibits several different categories of individuals from owning or possessing pistols:
Having a conviction expunged or pardoned will get your gun rights restored in West Virginia.
Laws Prohibiting Firearms On or Near School Grounds
It’s a felony offense to possess a gun or other deadly weapon on a public or private school property, school bus, or secondary vocational programs. However, there are exceptions for:
Violating this law can result in 2 to 10 years in prison and a fine of up to $5,000.
It is unlawful for any person to sell, give, rent or lend a firearm to a person prohibited from possessing a firearm.
No state permit is required to purchase a rifle, shotgun or handgun.
Private firearm transfers are not subject to a background check in West Virginia, although state and federal purchase prohibitions still apply. expunged or pardoned will get your gun rights restored in West Virginia.
|Stun Guns/Tasers Restrictions|
State Statute or Definition: (61-7-2 Defined as weapon, but legal.)
No state permit is required to possess a rifle, shotgun or handgun.
Possession is denied to:
It is unlawful for anyone to carry any handgun concealed on or about the person without a license to carry.
Exceptions. No license is required for:
Application for a license to carry is made to the sheriff of the county where one resides. The application filing fee is $75.00.
The applicant must:
The training requirement is waived in the case of a renewal applicant who has previously qualified.
The sheriff shall issue or deny the license within 45 days after the application is filed if the background checks have been completed. Any person denied a license may file, in the circuit court in which the application was made, a petition seeking review of the denial. This petition shall be filed within 30 days of the denial and the applicant may be represented by counsel. If this review upholds the denial, an appeal may be filed to the supreme court of appeals.
An additional fee of $15 is required when the license is approved and issued. The license is good for five years, unless revoked. The sheriff furnishes a copy of the license application to the Superintendent of the State Police.
All licensees must carry with them a state issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon.
The license is deemed revoked when the licensee becomes unable to meet the criteria for initial licensure.
It is unlawful to carry, transport or possess any machine gun or sub-machine gun or fully automatic weapon unless properly federally licensed.
Persons under the age of 18 may not carry or possess firearms unless on family premises or on other property with permission of the owner or lessee. Also excepted is lawful hunting or traveling to or from a hunting site.
It is unlawful to publicly display firearms for sale or rent, in such a manner as a passerby on a street, road or alley may see them. It is unlawful to sell or rent firearms to anyone who is prohibited from possessing them.
It is unlawful to brandish a weapon, whether licensed to carry or not, in such a manner as to cause or threaten a breach of the peace.
Carrying or possessing firearms on the property of another is unlawful when prohibited by the owner, lessee or other person charged with the care, custody and control of real property. When requested by the owner, lessee or other person, the individual carrying or possessing the firearm must either relinquish possession or leave the premises. Municipalities may not restrict the right to purchase, possess, transfer, own, carry, transport, sell or store firearms, ammunition, or ammunition components. The municipalities’ laws in effect prior to June 3, 1999 remain in effect. The authority to bring suit and the right to recover against any firearms or ammunition manufacturer, seller, trade association or dealer of firearms by or on behalf of any county or municipality in the state for damages, abatement or injunctive relief resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition to the public is reserved exclusively to the state. This does not prohibit a county or municipality from bringing an action for breach of contract or warranty as to firearms or ammunition purchased by the county or municipality.
A hunting law requires that firearms in a motor vehicle be unloaded. In addition, firearms must be cased or taken apart and securely wrapped during the evening and night hours. Exempt from this requirement are persons properly licensed to carry a concealed weapon and who are lawfully carrying their pistol or revolver concealed for self defense purposes while hunting or while in a motor vehicle. There is also an exception for holders of the Class Q special hunting permit for disabled persons to hunt from a vehicle under specified circumstances.
It is unlawful to possess a firearm on any school bus, any public or private primary or secondary school or grounds thereof, or at any school-sponsored function. This shall not apply to a law enforcement officer, or while conducting programs with a valid educational purpose with permission from the board of education or principal, or possession of an unloaded firearm in a locked motor vehicle.
W.VA. CODE ANN. § 8-12-5a (2011) - Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition
The provisions of section five of this article notwithstanding, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition. Nothing herein shall in any way impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five [§ 8-12-5(16)] of this article or from enforcing any such ordinance or resolution: Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section: Provided, however, That no provision in this section may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.
W. Va. Code §§ 61-7; 20-2
|Last edited: 6/20/2016|