Isabella Carter
West Virginia is one of 11 Constitutional Carry states, meaning that residents over the age of 21 can carry a concealed handgun without a permit. The state's Constitution states that 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. The Constitutional Carry legislation was passed in 2016, when the state legislature overrode Governor Earl Ray Tomblin's veto of House Bill 4145.
| Characteristics | Values |
|---|---|
| State | West Virginia |
| Constitutional Carry Status | Passed |
| Date Passed | May 24, 2016 |
| Age Limit | 21 and above |
| Permit Requirement | No permit required for individuals over 21 |
| Training Requirement | No mention found |
| Other Weapons Covered | No, only applies to handguns |
| Out-of-State Residents | Allowed to carry without a permit |
| State Laws | Article III, § 22 of the Constitution of West Virginia |
| Local Laws | Local regulations in effect prior to 1999 are grandfathered |
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What You'll Learn
West Virginia is a Constitutional Carry state
The Constitutional Carry legislation in West Virginia was passed in 2016, when the state legislature overrode Governor Earl Ray Tomblin's veto of House Bill 4145. This bill made it legal for individuals over the age of 21 to carry a concealed handgun without a permit, provided they are legally allowed to own a handgun. It is important to note that there are exceptions to this rule. Individuals who have been convicted of misdemeanor domestic violence, who are under a domestic violence protective order, who are under indictment for a felony, who have been determined to be mentally incompetent, who have been committed to a mental institution, who are addicted to alcohol or controlled substances, who have been dishonorably discharged from the armed forces, and who are unlawfully in the United States are prohibited from Constitutional Carry.
While West Virginia is a Constitutional Carry state, there are still some restrictions on the carrying of firearms. For example, carrying a concealed weapon across state lines is prohibited without a permit, and individuals between the ages of 18 and 20 must complete an approved safety course and obtain a conceal carry permit from their county sheriff's office before they can carry a concealed firearm. Additionally, West Virginia honors all out-of-state concealed carry permits, and individuals who carry firearms must comply with local ordinances that prohibit weapons on certain city property and in city buildings.
The passage of Constitutional Carry legislation in West Virginia has been a subject of debate, with supporters seeing it as an exercise of their Second Amendment rights, while detractors view it as a step towards lawlessness and gun violence. Despite these concerns, West Virginia joined several other states, including Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, Vermont, and Wyoming, in enacting Constitutional Carry laws.
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Residents over 21 can carry a concealed handgun without a permit
In West Virginia, residents over 21 can carry a concealed handgun without a permit. This is due to the state's Constitutional Carry legislation, which was passed in 2016.
The right to keep and bear arms is enshrined in the West Virginia Constitution, which states that "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." The state's Constitutional Carry law allows residents over 21 to carry a concealed handgun without a permit, provided they are legally allowed to own a handgun. This law also applies to non-residents entering the state.
However, it is important to note that there are exceptions to this rule. Individuals who have been convicted of misdemeanor domestic violence, who are under a domestic violence protective order, who are under indictment for a felony, who have been deemed mentally incompetent, who have been institutionalized in a mental health facility, who are addicted to alcohol or controlled substances, who have been dishonorably discharged from the military, and who are unlawfully present in the United States are prohibited from Constitutional Carry.
Additionally, West Virginia still recognizes local regulations that were in effect before 1999, such as ordinances in Charleston, Dunbar, and South Charleston, which prohibit weapons on city property and in city buildings. The City of Martinsburg also has a similar ordinance that was passed after 1999. Furthermore, carrying a concealed weapon across state lines is prohibited, and citizens must have a permit when carrying a firearm to another state.
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Those aged 18-20 need a permit and safety course
West Virginia is a "Constitutional Carry" state, meaning that its residents can carry a handgun openly or concealed without a government permit. This is based on Article III, § 22 of the Constitution of West Virginia, which states that "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."
However, this law does not apply to those aged 18-20, who need a permit and must complete a safety course before they can carry a concealed firearm. This age group is also prohibited from buying a handgun over the counter from a Federal Firearms Licensed dealer. This is a result of House Bill 4145, which was passed in 2016 despite being vetoed by Governor Earl Ray Tomblin. The bill was supported by those who saw it as an exercise of their Second Amendment rights, while opponents saw it as a dangerous step towards lawlessness and gun violence.
The new law also adds enhanced penalties for possession of a concealed weapon for citizens who are prohibited from possessing a firearm. For example, if an unlawful resident or a drug addict possesses a concealed weapon, they will be charged with a felony punishable by up to three years in prison.
It is important to note that carrying a concealed weapon across West Virginia state lines is still prohibited. To carry a firearm across state borders, citizens must have a permit and be entering a state that recognizes West Virginia concealed handgun licenses.
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The bill adds stiff penalties for gun law and gun crime violations
West Virginia has some of the weakest gun laws in the country, and in 2016, it became a "Constitutional Carry" state. This means that residents of West Virginia over the age of 21 can carry a concealed handgun without a permit. The state also repealed the concealed carry permit requirement, forcing higher education institutions to allow guns on campuses.
West Virginia also has laws in place to regulate the sale of firearms. While there is no requirement for a background check when purchasing a gun through a private sale, federal law prohibits certain individuals from possessing firearms, such as convicted felons. These laws are enforced through the National Instant Criminal Background Check System (NICS). Additionally, individuals under the age of 21 are prohibited from buying a handgun over the counter from a Federal Firearms Licensed dealer.
The state also allows lawsuits against manufacturers and dealers whose misconduct results in harm. Furthermore, West Virginia has laws in place to assist victims of gun violence, such as allowing law enforcement to petition for a court order to temporarily prevent someone in crisis from accessing guns and requiring the reporting of lost or stolen guns to law enforcement.
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The Second Amendment Preservation and Anti-Federal Commandeering Act
In 2016, West Virginia became a "Constitutional Carry" state, allowing residents over the age of 21 to carry a concealed handgun without a permit. There are exceptions to this rule, including people who have been convicted of domestic violence, who are under a protective order, or who have been indicted for a felony.
The anti-commandeering doctrine is based on several major Supreme Court cases dating back to 1842, with Printz v. U.S. serving as the cornerstone. This doctrine allows states to refuse to enforce federal laws, regardless of their constitutionality. The Missouri SAPA includes a provision imposing a $50,000 civil penalty on political subdivisions or law enforcement agencies that violate the law.
The Second Amendment Preservation Act has also been advanced in other states, such as Oregon, Kansas, Alabama, and Alaska. However, in February 2023, a federal judge struck down the Act as a violation of the Supremacy Clause of the United States Constitution. Despite this setback, supporters of the Second Amendment continue to push for legislation that upholds the right to keep and bear arms.
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Frequently asked questions
Yes, West Virginia is a constitutional carry state. As of May 24, 2016, West Virginia allows residents over the age of 21 to carry a concealed handgun without a permit.
A constitutional carry state is a state that allows its residents to carry a handgun, either openly or concealed, without a government permit. As of 2023, there are 27 constitutional carry states, including West Virginia.
Gun laws in West Virginia regulate the sale, possession, and use of firearms and ammunition. Article III, § 22 of the Constitution of West Virginia states that "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." West Virginia also honors all out-of-state concealed carry permits.
