West Virginia Gun Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Over the past ten years, West Virginia’s gun laws have undergone significant changes, reflecting the state’s commitment to safeguarding Second Amendment rights while addressing evolving perspectives on public safety. From background checks to concealed carry, these developments highlight West Virginia’s dedication to responsible firearm ownership. This article offers an overview of the key updates in West Virginia’s gun laws and regulations from 2013 to 2023:
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- Strengthened background checks for concealed carry permit applicants, focusing on mental health evaluations and criminal history reviews.
- Introduction of legislation imposing stricter penalties for individuals convicted of gun-related crimes, aiming to deter illegal firearm use and promote public safety.
- Enactment of laws allowing individuals to openly carry firearms in public places without a concealed carry permit.
- Strengthened laws requiring firearm owners to report lost or stolen firearms to law enforcement within a specific timeframe.
- Strengthened reporting of mental health records to the National Instant Criminal Background Check System (NICS) to prevent firearm access by individuals with mental health concerns.
- Establishment of reciprocity agreements allowing individuals with valid out-of-state concealed carry permits to carry in West Virginia.
- Enactment of laws promoting responsible firearm storage and holding adults accountable for securing firearms from children’s access.
- Adoption of laws allowing individuals to carry concealed firearms without a concealed carry permit.
- Strengthened regulation and oversight of firearm dealers to ensure responsible sales practices.
- Exploration of potential legislation implementing a mandatory waiting period for firearm purchases.
- Exploration of measures to enhance training requirements for individuals applying for concealed carry permits.
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- Strengthened regulations on firearm storage to prevent unauthorized access by minors.
- Strengthened reporting of domestic violence incidents to NICS, preventing individuals with restraining orders from accessing firearms.
- Introduction of initiatives promoting firearm safety education and training among gun owners, with an emphasis on responsible practices and handling.
West Virginia’s gun laws have evolved over the past decade, reflecting the state’s commitment to responsible firearm ownership and community safety. These changes showcase West Virginia’s proactive approach to firearm regulation. As the state continues to refine its laws, it remains vital for stakeholders, policymakers, and the public to engage in informed discussions that prioritize individual rights while maintaining community security.
West Virginia’s gun laws are among the least restrictive in the United States. Article 3, Section 22 of the State Constitution states: “A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.” There is no permit required to sell, purchase, rent, lend, or gift firearms, provided the recipient is lawfully allowed to possess a firearm.
Individuals are denied possession of a firearm if they:
- Have been convicted of a crime punishable by over one year in prison
- Have felony convictions
- Have been dishonorably discharged from the military
- Are illegal residents of the United States
- Are addicts of drugs, controlled substances, or alcohol
- Have been involuntarily committed to a mental institution
- Have a restraining order against them
The legal age to possess or purchase a rifle, shotgun, or handgun is 18. To carry a concealed weapon, an individual must be at least 21 and be licensed by the state. Qualified applicants must be legal residents of the United States and meet other state-imposed criteria.
Applicants must:
- Have no felony convictions or restraining orders due to domestic violence
- Not have a physical or mental incapability rendering them unable to handle a handgun
- Complete a training and safety course administered by a qualified agency or instructor, such as the National Rifle Association, military, law enforcement, or a certified institution
The application, along with a $15 fee, is submitted to the local sheriff’s office. The license is valid for five years from the date of issuance.
