West Virginia Gun Laws

West Virginia allows any U.S. citizen or legal resident who is at least 21 years of age, not prohibited under W. Va. Code § 61-7-7 (state prohibited-person classifications), and not prohibited under 18 U.S.C. § 922(g) or (n), to carry a concealed deadly weapon without a license. Open carry by non-prohibited adults has long been lawful in West Virginia without a license.

"Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least twenty-one years of age; (2) A United States citizen or legal resident thereof; (3) Not prohibited from possessing a firearm under the provisions of this section; and (4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. § 922(g) or (n)."

W. Va. Code § 61-7-7(c) statute

Permitless carry was enacted by HB 4145 (2016), which was vetoed by Governor Earl Ray Tomblin on March 3, 2016 and immediately overridden by the House (March 4, 2016) and Senate (March 5, 2016). The enrolled bill, codified as Chapter 252 of the 2016 Acts of the Legislature, was passed February 24, 2016 and took effect ninety days from passage, i.e., May 24, 2016.

"[Passed February 24, 2016; in effect ninety days from passage.]"

HB 4145 (2016 RS), Chapter 252, Acts of the Legislature 2016 statute

Section 61-7-3 makes it a misdemeanor for any person under 21 years of age (or otherwise prohibited under § 61-7-7) to carry a concealed deadly weapon without a state license or other lawful authorization. First offense is punishable by a $100-$1,000 fine and up to 12 months in jail; a second or subsequent offense is a felony punishable by 1-5 years' imprisonment and a $1,000-$5,000 fine. This is the statute repealed by HB 4106 effective June 12, 2026.

"Any person under twenty-one years of age... who carries a concealed deadly weapon, without a state license or other lawful authorization... is guilty of a misdemeanor."

W. Va. Code § 61-7-3 (unlawful concealed carry by persons under 21) statute

Section 61-7-6 lists categorical exemptions from the unlawful-concealed-carry offense in § 61-7-3 for persons aged 18-20: carrying on one's own premises, transporting an unloaded firearm to/from purchase or repair, lawful hunting and travel to/from hunting sites, target-shooting club members traveling to practice with an unloaded pistol, law-enforcement officers, Division of Corrections employees on duty, members of the U.S. armed forces / reserves / National Guard, out-of-state residents with a valid handgun permit, federal law-enforcement officers, and parole officers performing official duties. Subsection (b) waives application and licensure fees for specified judicial officers and prosecutors.

"The provisions in section three of this article do not apply to any person at least eighteen years of age and fewer than twenty-one years of age who is..."

W. Va. Code § 61-7-6 (exemptions from § 61-7-3 for 18-20-year-olds) statute

Section 61-7-8 prohibits unmarried, unemancipated persons under 18 from possessing or carrying any deadly weapon, openly or concealed, with three exceptions: (1) on premises owned by the minor or the minor's family; (2) on others' property with both parental/guardian consent and the property owner's permission; and (3) while lawfully hunting (including travel to and from hunting sites). Violations are handled in juvenile court under W. Va. Code §§ 49-4-701 through 49-4-725. HB 4106 (2026) reworks this section in conjunction with the lowered permitless-carry age.

"A person under the age of 18 years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon."

W. Va. Code § 61-7-8 (minors possessing deadly weapons) statute

West Virginia's permitless-carry statute (§ 61-7-7(c)(4)) and its CHL/Provisional CHL eligibility tests incorporate the federal prohibited-person classifications in 18 U.S.C. § 922(g) (convicted felons, fugitives, unlawful drug users, persons adjudicated mentally defective or committed, persons subject to qualifying domestic-violence protective orders, persons convicted of misdemeanor crimes of domestic violence, persons dishonorably discharged, illegal aliens, and persons who have renounced U.S. citizenship) and § 922(n) (persons under indictment for a crime punishable by more than one year). Any person within these federal categories cannot carry under WV law even if they meet the state-law conditions.

"It shall be unlawful for any person... who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition."

18 U.S.C. § 922(g) and (n) (federal prohibited persons) atf

The optional Concealed Handgun License (CHL) is issued by the county sheriff in the applicant's county of residence (non-residents may apply through any county sheriff). The applicant must be at least 21, a U.S. citizen or legal resident, not subject to any disqualifying mental-health adjudication, controlled-substance disqualifier, or DV conviction, and must complete a handgun-safety/training course that includes the actual live firing of ammunition. The CHL is valid for five years from the date of issuance.

"All persons applying for a license must complete a training course in handling and firing a handgun, which includes the actual live firing of ammunition by the applicant."

W. Va. Code § 61-7-4 (Concealed Handgun License) statute

West Virginia residents at least 18 but under 21 who are otherwise non-prohibited may apply for a Provisional Concealed Handgun License through their county sheriff. The Provisional CHL fee is $15 to the sheriff plus $15 to the State Police; the license is valid until the holder turns 21 (when an optional adult CHL may be obtained) and is expressly marked 'NOT NICS EXEMPT,' meaning it does not satisfy the Brady-Act background-check alternative.

"The provisional license remains valid until the licensee turns 21 years of age, unless sooner revoked."

W. Va. Code § 61-7-4a (Provisional CHL, ages 18-20) statute

The West Virginia Attorney General administers state-level reciprocity recognition and publishes the official 'On the Mark' guide (July 2024) covering Concealed Handgun License (CHL) and Provisional CHL eligibility, fees, training, and reciprocity. CHL applications are processed by the county sheriff of residence; the AG's office is the policy and reciprocity authority.

"West Virginia recognizes the right of persons who are 21 years of age or older, not prohibited by state or federal law from possessing a firearm, and United States citizens or legal residents to carry a concealed weapon within the state without first obtaining a concealed handgun license."

WV Attorney General — Gun Reciprocity / Concealed Handgun License page ag

West Virginia's concealed-carry licensing scheme does not regulate openly carried handguns. Any non-prohibited adult may openly carry a handgun without a license; the West Virginia AG guide explicitly states: 'West Virginia's concealed carry laws have no impact on your right to openly carry an unconcealed weapon.'

"West Virginia's concealed carry laws have no impact on your right to openly carry an unconcealed weapon."

W. Va. Code § 61-7-7 (no licensing requirement for non-concealed carry) statute

West Virginia's permitless-carry rule applies in motor vehicles to the same extent as anywhere else: any U.S. citizen or legal resident 21 or older, not prohibited by state or federal law, may carry a loaded handgun concealed (e.g., in the glove box, center console, or anywhere else in the vehicle) without a permit. Open carry is also lawful without a permit. The only vehicle-specific carry restriction generally affecting non-prohibited adults is the Capitol-Complex rule (§ 61-6-19) requiring that a firearm left in a parked vehicle on Capitol grounds be locked and out of view.

"Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least twenty-one years of age..."

W. Va. Code § 61-7-7(c) (motor-vehicle carry follows the same permitless-carry rule) statute

West Virginia's parking-lot protection statute prohibits an owner, lessee, or person controlling real property from removing or refusing entry to a customer, employee, or invitee — or from terminating an employee — for storing a lawfully possessed, out-of-view firearm locked inside or locked to a motor vehicle in a parking lot. Unlike Tennessee's analogous statute, WV's 'Employee' definition covers 'any person... not prohibited from possessing firearms,' so permitless carriers ARE protected. The protection does not apply to primary or secondary school property unless the county school superintendent expressly authorizes possession.

"No owner, lessee, or other person charged with the care, custody, and control of real property may remove a customer, employee, or invitee for storing a firearm inside a motor vehicle in a parking lot... nor may they terminate an employee or take other adverse employment action against an employee for such storage."

W. Va. Code § 61-7-14 (Business Liability Protection Act) statute

West Virginia recognizes any valid out-of-state handgun permit if (1) the permit holder is 21 or older, (2) the permit is in his or her immediate possession, (3) the permit holder is not a resident of West Virginia, and (4) the Attorney General has been notified by the other state's Governor that the other state honors WV CHLs, or the AG has entered into a written reciprocity agreement with the other state. Because WV is a permitless-carry state for adults 21+, residents and visitors not carrying a permit are still authorized to carry under § 61-7-7(c) provided they meet the four prerequisites.

"A valid out-of-state permit or license to possess or carry a handgun is valid in this state for the carrying of a concealed handgun, if the following conditions are met..."

W. Va. Code § 61-7-6a (Reciprocity and recognition) statute

As of October 1, 2025, 37 states recognize the West Virginia Concealed Handgun License, 11 of which also recognize the Provisional CHL. Twelve states do not recognize WV permits at all (CA, CT, HI, IL, MD, MA, NJ, NM, NY, OR, RI, WA). The 11 states recognizing the Provisional CHL are AL, ID, IN, IA, MN, MS, ND, OH, SD, VT, and WY.

"Concealed Carry Reciprocity Map — As of October 1, 2025."

WV Attorney General — Concealed Carry Reciprocity Map (effective October 1, 2025) ag

West Virginia codifies a castle doctrine: a lawful occupant in a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker, with no duty to retreat. The 2008 'Stand Your Ground' amendments extended civil and criminal immunity to occupants of a dwelling, business, or occupied vehicle who reasonably believe the intruder is committing or about to commit an unlawful entry or attack.

"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."

W. Va. Code § 55-7-22(a)-(b) statute

Outside the home, a person not engaged in unlawful activity who is attacked in any place where the person has a legal right to be may use reasonable and proportionate force against an intruder or attacker, and may use deadly force without retreating if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm. This codifies WV's stand-your-ground rule.

"[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... and may use deadly force without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm."

W. Va. Code § 55-7-22(c) statute

West Virginia law imposes no statutory duty to proactively inform a law-enforcement officer that you are carrying a firearm. The WV State Police FAQ advises that an openly carried firearm visible during a traffic stop will attract the officer's attention; concealed-carry permit holders are not required to volunteer disclosure but should comply with reasonable officer instructions.

"Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only."

WV State Police — Legal Division FAQ; no statutory duty to disclose ag

It is unlawful to possess a firearm or other deadly weapon on a school bus, on the grounds of any primary or secondary educational facility (public or private, with limited private-school written-policy exceptions), or at a school-sponsored function. Violation is a felony punishable by 2-10 years' imprisonment, with statutory exceptions for law-enforcement officers, retired LE under LEOSA, authorized board-of-education personnel, and a permit holder 21+ keeping a handgun in a locked motor vehicle in the school parking lot under § 61-7-11a(b)(2)(I).

"It is unlawful to possess a firearm or other deadly weapon... On a school bus as defined in §17A-1-1 of this code [or] In or on the grounds of any primary or secondary educational facility of any type."

W. Va. Code § 61-7-11a(b) (schools) statute

It is unlawful for a person to possess a firearm or other deadly weapon on the premises of any court of law, including family courts. Simple possession is a misdemeanor (up to 1 year jail and $1,000 fine); possession with intent to commit a crime is a felony (2-10 years and up to $5,000 fine). Limited exceptions exist for law-enforcement officers on duty and persons specifically exempted by court order.

"It is unlawful for a person to possess a firearm or other deadly weapon on the premises of a court of law, including family courts."

W. Va. Code § 61-7-11a(g)-(h) (courthouses) statute

It is unlawful to bring any deadly weapon onto the State Capitol Complex in Charleston, with two key exceptions: a person who may lawfully possess a firearm may keep a firearm in a parked motor vehicle on the Capitol Complex if the vehicle is locked and the weapon is out of normal view; and pepper-spray canisters up to one ounce are permitted.

"A person who may lawfully possess a firearm may keep a firearm in his or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view."

W. Va. Code § 61-6-19 (State Capitol Complex) statute

Effective July 1, 2024, the Campus Self-Defense Act allows a person with a valid Concealed Handgun License to carry a concealed pistol on the campuses and in the buildings of West Virginia's public colleges and universities, subject to specific carve-outs (organized events at venues seating more than 1,000, on-campus day-care facilities, secure law-enforcement areas, disciplinary-proceeding rooms, patient-care/mental-health areas, hazardous laboratories, residence halls except staff and secure storage, K-12 school-sponsored events at rented campus spaces, and shared offices). Open carry on campus remains prohibited.

"A licensee may carry a concealed pistol or revolver on the premises of a state institution of higher education."

W. Va. Code § 18B-4-5b (Campus Self-Defense Act) statute

An owner, lessee, or other person controlling real property may prohibit the carrying or possession of a firearm on their domain. The statute does not impose a specific signage format — refusing a verbal request to relinquish the firearm or leave is the chargeable conduct — but the property owner's parking-lot ban is subject to the override in subsection (d) for legally possessed, out-of-view firearms locked inside or locked to a customer/employee/invitee's vehicle.

"Any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying openly or concealing of any firearm or deadly weapon on property under his or her domain."

W. Va. Code § 61-7-14(b) (posted private property) statute

Section 17A-1-1 supplies the cross-referenced definition used in § 61-7-11a's school-bus weapons prohibition. A 'school bus' is any motor vehicle owned by a public governmental agency and operated for the transportation of children to or from school, or any privately owned vehicle operated for compensation for the same purpose.

"'School bus' means every motor vehicle owned by a public governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school."

W. Va. Code § 17A-1-1 (definition of 'school bus') statute

Federally licensed firearm dealers in West Virginia must conduct the federally required NICS background check at the point of sale. West Virginia is a partial point-of-contact state: an optional CHL issued on or after June 4, 2014 qualifies as a NICS-check alternative under 18 U.S.C. § 922(t); the Provisional CHL does not qualify and is expressly marked 'NOT NICS EXEMPT.' Private, in-state transfers between unlicensed individuals are not subject to a state-imposed background-check requirement.

"Optional CHLs issued on or after June 4, 2014 qualify as an alternative to a NICS Background Check. Provisional CHLs will not qualify, and will be clearly marked that the Provisional CHL is not NICS exempt."

WV State Police — Concealed Carry FAQ (Brady checks) ag

18 U.S.C. § 922(t) requires federally licensed firearm dealers to run a National Instant Criminal Background Check System (NICS) check before transferring a firearm to an unlicensed person, with an exception for transferees who hold a qualifying state permit that itself required a NICS-equivalent check. West Virginia's optional CHL issued on or after June 4, 2014 qualifies as the § 922(t) permit alternative; the Provisional CHL (§ 61-7-4a) does NOT qualify and is expressly marked 'NOT NICS EXEMPT.'

"Beginning on the date that is 30 days after the Attorney General notifies licensees... it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not licensed under this chapter, unless... before the completion of the transfer, the licensee contacts the [NICS] system."

18 U.S.C. § 922(t) (NICS background check requirement) atf

Federal law requires that handguns be purchased from a federally licensed dealer only by buyers 21 or older, while long guns may be purchased from an FFL at 18. Private in-state transfers between unlicensed individuals are not bound by these federal minimums; West Virginia imposes no additional state-imposed purchase-age beyond federal law.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal); W. Va. Code Title 61 (no additional state age) atf

West Virginia does not require firearm registration. The preemption statute prohibits municipalities and other political subdivisions from imposing any registration requirement for firearms or ammunition, and no state-law registry exists.

"[N]either a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith."

W. Va. Code § 8-12-5a(a) (no state registry; preemption) statute

West Virginia has not enacted an extreme risk protection order (red flag) law and has affirmatively prohibited its courts from issuing one. Enacted by HB 2694 (2021) as part of the West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act (Article 7B of Chapter 61), § 61-7B-6 strips state courts of authority to issue ERPOs.

"No court of this state has authority or jurisdiction to issue an order depriving a citizen of this state of his or her right to possess firearms, firearms accessories, or ammunition under any red flag law."

W. Va. Code § 61-7B-6 (red-flag prohibition) statute

West Virginia has no state assault-weapon ban, and the firearm-preemption statute prohibits municipalities from enacting one. Local authority is limited to municipal buildings, certain recreation facilities, and zoning that is no stricter than for other retail.

"[N]either a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith."

W. Va. Code § 8-12-5a (preemption — no AWB) statute

West Virginia imposes no magazine-capacity limit on firearms or ammunition, and the preemption statute prohibits municipalities and political subdivisions from imposing one.

"[N]or may a municipality... limit the right of any person to... possess... any... ammunition or ammunition components to be used therewith."

W. Va. Code § 8-12-5a (preemption; no capacity statute) statute

Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration. West Virginia imposes no additional state-law prohibition on NFA items lawfully possessed in compliance with federal law.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

West Virginia preempts municipal regulation of firearms, ammunition, and pepper spray. Municipalities retain limited authority to (1) ban firearms in municipal buildings (e.g., city hall, courthouse), (2) regulate openly carried firearms at recreation facilities where children are present (concealed carry by license holders still allowed), and (3) regulate firearms-related zoning on the same terms as other retail. Persons may keep weapons in locked vehicles out of view in any public parking area, even where municipal carry restrictions otherwise apply.

"[N]either a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith."

W. Va. Code § 8-12-5a statute

Effective May 24, 2016, HB 4145 enacted permitless concealed carry for any U.S. citizen or legal resident at least 21 years of age who is not otherwise prohibited from possessing a firearm. The bill also created the Provisional CHL (§ 61-7-4a) for residents ages 18-20 and limited the unlawful-carry-without-license crime in § 61-7-3 to persons under 21 or otherwise prohibited.

"[A]ny United States citizen or legal resident thereof at least twenty-one years of age and not otherwise prohibited from possessing a firearm may carry a concealed deadly weapon without a license."

HB 4145 (2016 RS), Chapter 252, Acts of 2016 statute

Effective July 9, 2021 (90 days from passage on April 10, 2021), HB 2694 added Article 7B to Chapter 61 (the West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act). Section 61-7B-6 expressly strips West Virginia courts of authority to issue red-flag/ERPO orders. The act also prohibits state and local law enforcement from being commandeered to enforce federal firearms laws or executive orders the Attorney General determines to infringe Second Amendment rights.

"No court of this state has authority or jurisdiction to issue an order depriving a citizen of this state of his or her right to possess firearms, firearms accessories, or ammunition under any red flag law."

HB 2694 (2021 RS), Second Amendment Preservation and Anti-Federal Commandeering Act, Chapter 277 Acts of 2021 statute

Signed by Governor Justice on March 1, 2023 with an internal effective date of July 1, 2024, SB 10 enacted the Campus Self-Defense Act (W. Va. Code § 18B-4-5b), allowing a valid Concealed Handgun License holder to carry a concealed pistol on the campuses and in the buildings of West Virginia's public colleges and universities, subject to defined exclusions. Open carry on campus remains prohibited.

"AN ACT to amend the Code of West Virginia... by adding thereto a new section, designated § 18B-4-5b, all relating generally to the carrying of concealed firearms on the campus of any state institution of higher education."

SB 10 (2023 RS), Campus Self-Defense Act, Chapter 174 Acts of 2023 statute

Signed by Governor Patrick Morrisey on April 1, 2026, and effective June 12, 2026 (90 days from passage on March 14, 2026), HB 4106 lowers the permitless-concealed-carry age from 21 to 18 by amending W. Va. Code § 61-7-7(c)(1). The bill repeals § 61-7-3 (the under-21 unlawful-carry-without-license offense) and reworks §§ 61-7-6 and 61-7-8 accordingly. The Provisional CHL remains available for 18-20-year-olds who want the Brady/reciprocity benefits of an issued license.

"Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least 18 years of age."

HB 4106 (2026 RS), constitutional-carry expansion to 18-20-year-olds statute

Signed by Governor Morrisey on April 1, 2026 and effective June 12, 2026 (90 days from passage on March 14, 2026), HB 4106 amended W. Va. Code § 61-7-7(c) to lower the permitless concealed-carry age from 21 to 18. The bill repeals § 61-7-3 (the unlawful-carry-without-license offense formerly applied to persons under 21) and reworks §§ 61-7-6 and 61-7-8 to reflect that 18-20-year-olds may now carry without first obtaining a Provisional CHL. The Provisional CHL remains available for 18-20-year-old residents who want the Brady NICS alternative and reciprocity benefits of an issued license.

Acts of the Legislature 2026 (HB 4106)

Signed by Governor Justice on March 1, 2023 with an internal effective date of July 1, 2024, SB 10 added W. Va. Code § 18B-4-5b, allowing valid Concealed Handgun License holders to carry a concealed pistol on the campuses and in the buildings of West Virginia's public colleges and universities, subject to defined exclusions for stadiums seating 1,000+, daycares, residence halls, hazardous labs, patient-care areas, secure law-enforcement areas, disciplinary-proceeding rooms, K-12 events on leased campus space, and a few other locations. Open carry on campus is prohibited.

Chapter 174, Acts of the Legislature 2023 (SB 10)

HB 2694 added Article 7B to Chapter 61 (West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act). Section 61-7B-6 prohibits West Virginia courts from issuing any extreme risk protection order or red-flag order depriving a citizen of firearms, accessories, or ammunition. Other sections of the Act limit state and local law-enforcement cooperation with federal firearm-rights enforcement actions the AG determines unconstitutional.

Acts of the Legislature 2021 (HB 2694)

HB 4145 enacted constitutional carry for U.S. citizens and legal residents at least 21 years old who are not prohibited from possessing a firearm, established the Provisional CHL for 18-20-year-old residents (§ 61-7-4a), and limited the under-21 unlawful-carry-without-license offense in § 61-7-3. Governor Tomblin vetoed the bill on March 3, 2016; the Legislature overrode the veto on March 4 (House) and March 5 (Senate). Passed February 24, 2016; in effect 90 days from passage.

Chapter 252, Acts of the Legislature 2016 (HB 4145)