West Virginia Constitutional Carry Laws

10 min readJun 21, 2024

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

The issue of gun control and gun violence remains controversial in American politics today. State gun control laws vary greatly. Some states implement strict regulations to enhance gun safety and reduce gun violence, while others favor limited gun laws, presenting law-abiding gun owners as the solution to gun crime. The state of West Virginia strikes a balance in these debates, favoring gun rights.

Understanding firearms law often begins with the Second Amendment of the U.S. Constitution, which protects the right to bear arms. Many state constitutions do the same. Recent decisions of the U.S. Supreme Court view that citizens have an individual right to own guns for self-defense and other lawful purposes, extending this right from the home into the public sphere.

However, this right is not absolute. The Court has articulated a historical test for reviewing whether a state or federal gun regulation overly burdens the right to bear arms.

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Under federal law, Congress regulates the interstate commerce of firearms. It has established laws to control certain dangerous weapons like machine guns, sawed-off shotguns, and sawed-off rifles. It also mandates federal licensing of gun dealers and sets prohibitions for persons who cannot possess firearms. Through the National Instant Criminal Background Check System (NICS), it helps keep guns out of the hands of those who should not have them, such as convicted felons.

West Virginia Gun Laws

West Virginia’s license plates carry the state slogan “Wild, Wonderful,” reflecting an emphasis on outdoor adventures. State law favors gun rights for hunting, recreational use, and self-defense. As a result, West Virginia’s firearm laws lack many restrictions found in other states.

For example, no permit is required to purchase firearms, and the state does not mandate firearm registration. There are no state bans on assault weapons, nor is there a waiting period from purchase to delivery of firearms.

State law does not provide for universal background checks. If you buy a gun from a federally licensed dealer, they will run a NICS check. If you buy a gun through a private sale, there is no requirement for a background check.

In 2016, West Virginia adopted a permitless carry law for those at least 21 years old. Also known as constitutional carry, these laws allow citizens who are not otherwise prohibited from holding a concealed handgun license (CHL) to carry a handgun without a permit.

A CHL only covers the carrying of a pistol or revolver. Citizens can still apply for a concealed carry permit through their county sheriff’s office, often for reciprocity, allowing them to carry concealed handguns in other states.

At 18 years old, a person can apply for a provisional CHL. At 21, a person can get a standard CHL. The application forms are prepared by the Superintendent of the West Virginia State Police. The crime of carrying a concealed handgun without a permit does not apply to those between 18 and 21 who meet certain exceptions:

Carrying the handgun on their premises
Transporting the handgun after purchase to home, business, or for repair
While hunting or traveling to or from hunting
Members of organized target shooting clubs
Law enforcement officers or officials (including federal law enforcement)
Certain corrections officials
Members of the U.S. Armed Forces, reserve, or National Guard
Nonresidents with a valid concealed carry permit from a state recognized by West Virginia
Parole officers

Prohibited Locations for Firearms

In West Virginia, gun owners must be aware that they may not take a firearm into the following places:

Primary and secondary schools
The State Capitol Complex in Charleston
Private real property where firearms are prohibited by the owner
Premises of a court of law
Federal government buildings, including secure areas of airports
Jails, detention facilities, and state correctional institutions
Certain buildings or areas limited by a municipality’s local code

One place where firearms may become more common is on college campuses. In July 2024, the state’s new Campus Self-Defense Act will take effect, allowing those with a valid concealed carry license to bring handguns onto public college and university campuses. The law, supported by the National Rifle Association (NRA), was opposed by the presidents of the state’s five major institutions, including West Virginia University and Marshall University.

West Virginia Gun Laws Overview

Relevant Statutes (Laws):

West Virginia Code (W. Va. Code) Chapter 61, Article 7: Dangerous Weapons, Sections 61–7–1 through 61–7–17
Carrying a deadly weapon without a provisional license — Section 61–7–3
License to carry deadly weapons and how they are obtained — Section 61–7–4
Provisional license to carry deadly weapons and how they are obtained — Section 61–7–4a
Persons prohibited from possessing firearms — Section 61–7–7
Possession of a deadly weapon by a minor — Section 61–7–8
Possession of machine guns — Section 61–7–9
Sale or transfer to a prohibited person — Section 61–7–10
Possessing deadly weapons on the premises of educational facilities — Section 61–7–11a
Wanton endangerment involving a firearm — Section 61–7–12
Use or presentation of a firearm during a felony — Section 61–7–15a

Illegal Firearms

Machine guns are illegal to possess in West Virginia unless in full compliance with federal law.

Waiting Period

West Virginia does not require a waiting period between the purchase and delivery of a firearm.

Who May Not Own

It is illegal for the following people to possess a firearm in West Virginia:

People convicted of a crime punishable by imprisonment for a term exceeding one year (felony)
Habitual alcohol addicts
Unlawful users of or habitual addicts to any controlled substance
People adjudicated mentally incompetent or involuntarily committed to a mental institution
Noncitizens illegally or unlawfully in the United States
People discharged from the armed forces under dishonorable conditions
People subject to certain domestic violence protective orders
People convicted of a misdemeanor offense of domestic assault or battery

License Required?

No, West Virginia does not require a license to own a firearm.

Concealed Carry License Required?

It depends. Under the permitless carry law, a concealed handgun license (CHL) or concealed weapons license is not required for people 21 or older who are not otherwise prohibited from possessing a firearm. West Virginians older than 21 often obtain a CHL to carry a concealed weapon in another state with reciprocity with West Virginia. Persons between ages 18 and 21 must obtain a provisional CHL to carry a concealed deadly weapon.

Open Carry Allowed?

Yes, open carry is legal in West Virginia for those who are 18 years old or emancipated due to marriage or other circumstances.

Eligibility for a Concealed Carry License

To be eligible for a concealed handgun license (CHL), you must meet the following criteria:

Be 21 or older (18 to 21 for a provisional CHL)
Be a legal resident or citizen of West Virginia for a resident CHL or a legal resident or citizen of another state for an out-of-state CHL
Have a valid driver’s license or other government-issued photo ID showing your residence
Not be addicted to alcohol, a controlled substance, or a drug and not be an unlawful user as evidenced by, in the previous three years, residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment or two or more convictions for driving while under the influence or driving while impaired
Not have been convicted of a felony unless the conviction has been expunged, set aside, or your civil rights have been restored or there has been an unconditional pardon for the offense
Not have been convicted of a misdemeanor crime of violence in the previous five years
Not have been convicted of a misdemeanor crime of domestic violence or a misdemeanor offense of assault or battery, in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense
Not be under indictment for a felony offense or currently serving a sentence
Not be the subject of an emergency or temporary domestic violence protective order
Not have been adjudicated to be mentally incompetent or involuntarily committed to a mental institution
Not be prohibited from receiving, possessing, or transporting a firearm under state or federal law
Have completed an approved training course for handling and firing the weapon
Have authorized the sheriff of the county, or their designee, to conduct an investigation relative to the information contained in the application

Machine Gun Laws

In West Virginia, it is illegal to carry, transport, or possess any machine gun, submachine gun, or any other fully automatic weapon unless fully compliant with all applicable federal statutes, rules, and regulations.

Penalties for Illegal Firearm Possession

Penalties for violating West Virginia’s gun laws depend on the specific law violated and the offender’s criminal record. The following outlines possible penalties:

Carrying a deadly weapon without license or authority while under age 21: Misdemeanor, punishable by up to 12 months in jail, a fine of $100-$1,000, or both. Second offense: Felony, punishable by one to five years in prison, a fine of $1,000-$5,000, or both.
Unlawful possession of a firearm by a prohibited person: Misdemeanor, punishable by 90 days to one year in jail, a fine of $100-$1,000, or both. If the prohibited person is carrying the firearm concealed: Felony, punishable by up to three years in prison, a fine of up to $5,000, or both.
Unlawful possession of a firearm by a prohibited person convicted of a felony crime of violence, a felony sexual offense, or certain felony controlled-substance offenses: Felony, punishable by up to five years in prison, a fine of up to $5,000, or both. If the prohibited person is carrying the firearm concealed: Felony, punishable by up to 10 years in prison, a fine of up to $10,000, or both.
Unlawful possession of a machine gun: Misdemeanor, punishable by 90 days to one year in jail, a fine of $1,000 to $5,000, or both.

Penalties for Illegal Possession on or Near School Grounds

It is illegal to possess a firearm or other deadly weapon:

On a school bus
On the grounds of any primary or secondary educational facility
At school-sponsored functions

There are several exceptions. A violation of this law is a felony, punishable by two to 10 years in prison, a fine of up to $5,000, or both.

Red Flag Law?

No. West Virginia enacted a law in 2021 that provides that no court has the authority to issue an order depriving a citizen of the state of their right to possess firearms, firearm accessories, or ammunition under any red flag law.

Universal Background Checks?

No. West Virginia does not require that private gun sales transactions include a criminal background check.

Stand Your Ground Law?

Yes. West Virginia law provides that a person who is not engaging in criminal activity and is in a place they have a legal right to be can use reasonable and proportionate force against an attacker. They may use deadly force without a duty to retreat if they reasonably believe that they or another person is in imminent danger of death or serious bodily harm from which they can only be saved by the use of deadly force. State law also adopts the Castle doctrine, requiring no retreat from the defense of your home from an intruder.

Note: State laws are always subject to change through the passage of new legislation, rulings in higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Research the Law

West Virginia Law
Official State Codes

Related Resources

State Attorney General — Concealed Handguns (2019)
School Violence and Weapons
Domestic Violence Offender Gun Ban
West Virginia Protection Order Laws

Have More Questions? Talk to a West Virginia Attorney

Navigating gun laws at the federal and state levels can be confusing. Neighboring states like Ohio and Pennsylvania do not have identical gun laws, including those governing concealed firearms. If you have questions, consider seeking legal advice. Whether you’ve been charged with violating the law or are hoping to get your gun rights restored, you can speak to an experienced local criminal defense lawyer.