West Virginia's Constitutional Carry: What Does It Mean?

is wv constitutional carry

West Virginia offers resident and non-resident licenses for carrying a concealed deadly weapon. A person over 21 years of age can apply for a permit to carry a handgun in West Virginia. The state also allows individuals between the ages of 18 and 21 to apply for a provisional permit. Non-residents can apply for a non-resident West Virginia license to carry a concealed deadly weapon by applying to the sheriff of any county in the state. West Virginia honors all out-of-state concealed carry permits.

Characteristics Values
State West Virginia
Type of carry Constitutional carry
Out-of-state permits Honoured
Non-resident permits Available for members of the military permanently posted in West Virginia
Permitless carry requirements None mentioned
Age requirement 21 years or older; individuals between 18 and 21 may apply for a provisional permit
Training course Required; proof of actual live firing of ammunition by the applicant is required
Application fee $50 for residents, $100 for non-residents
Validity 5 years
Reciprocity Yes

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Out-of-state residents can apply for a nonresident West Virginia license to carry a concealed deadly weapon

West Virginia is a "constitutional carry" state, meaning that qualified persons 21 years of age or older can carry concealed deadly weapons without a license within the state. Provisional Concealed Handgun Licenses (CHL) are available for individuals between the ages of 18 and 21 who wish to carry a concealed weapon. As of 2021, West Virginia also allows out-of-state residents to apply for a nonresident West Virginia license to carry a concealed deadly weapon. This can be done by applying to the sheriff of any county in the state.

To obtain a concealed deadly weapon license in West Virginia, applicants must meet certain requirements. These include being a bona fide United States citizen or legal resident, and a resident of the state and county in which the application is made. Applicants must be 21 years of age or older, or 18-20-year-olds can apply for a provisional permit. Applicants must also not be addicted to alcohol or controlled substances and must not have been convicted of two or more DUIs within the last three years.

All persons applying for a license to carry a concealed deadly weapon in West Virginia must complete a training course in the handling and firing of a handgun. This training course must include live firing exercises. Retired law enforcement officers (LEO) from out of state must carry proof that they have met their respective state's standards for training and qualification for the firearm they carry within one year of carrying it in West Virginia.

West Virginia honors all out-of-state concealed carry permits. This means that non-residents over the age of 21 do not need a West Virginia permit to carry a concealed weapon in the state. For 18 to 20-year-old non-residents, West Virginia will recognize valid out-of-state concealed carry permits.

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Individuals between the ages of 18 and 21 must possess a provisional permit to carry a handgun

West Virginia is a permitless carry state, meaning that individuals are not required to have a license to carry a firearm, provided they are over the age of 18 and are legally allowed to possess a firearm under state and federal law. However, individuals between the ages of 18 and 21 must possess a provisional permit to carry a handgun. This is known as a Provisional Concealed Handgun License (CHL) and is available to residents of West Virginia and members of the military permanently posted in the state.

To obtain a concealed carry permit in West Virginia, individuals must be at least 21 years old and meet certain qualifications. These include being a US citizen or legal resident and a resident of the state and county in which the application is made. Applicants must also have a valid driver's license or other state-issued photo identification and not be addicted to alcohol or controlled substances.

For individuals between the ages of 18 and 21, a provisional permit is required to carry a concealed handgun in West Virginia. This age group must meet the same qualifications as those over 21, including proof of citizenship, residency, and a clean bill of health regarding substance abuse.

The Provisional CHL allows individuals in this age bracket to carry a concealed handgun within the state of West Virginia. It is worth noting that some areas are off-limits, including schools and courthouses, regardless of age or permit status. Additionally, West Virginia honors valid out-of-state concealed carry permits for non-residents between 18 and 21 years old, allowing them to carry within the state.

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Retired LEOs can carry a concealed firearm in any US jurisdiction, regardless of state laws, with some exceptions

West Virginia offers resident and non-resident licenses for carrying a concealed firearm. The state also honors all out-of-state concealed carry permits. However, the specific laws regarding retired law enforcement officers (LEO) carrying a concealed firearm are dictated by the Law Enforcement Officers Safety Act (LEOSA), also known as HR 218.

Under LEOSA, qualified active, retired, or separated LEOs can carry a concealed firearm in any jurisdiction in the US or US territories, regardless of state or local laws, with some exceptions. This means that retired LEOs (RLEOs) do not require a state-issued permit for carrying a concealed firearm in any state, including their home state. To be considered "qualified," a retired officer must meet the federal definitions outlined in LEOSA and carry photographic identification issued by the agency from which they retired.

While LEOSA supersedes state and local laws, there are notable exceptions. Firstly, LEOSA does not override the laws of any state that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, such as bars, private clubs, or amusement parks. Secondly, LEOSA does not supersede laws that prohibit or restrict the possession of firearms on any state or local government property, installations, buildings, bases, or parks. Additionally, LEOSA carriers must comply with the federal Gun-Free School Zone Act (GFSZA), which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools. Off-duty and retired LEOs are restricted from carrying a firearm in these zones unless they have a firearms license issued by their state of residence.

It is important to note that LEOSA has been criticized for its lack of clarity regarding the required qualifications and certification for firearms instructors. This has led to inconsistencies in qualification training across states and potential non-compliance with state laws. Furthermore, some states, such as New Jersey, have challenged LEOSA, arguing that retired officers residing in the state must obtain a state-issued permit to carry a firearm. This dispute is ongoing, with the Federal Law Enforcement Officers Association and the New Jersey FOP suing New Jersey for its violation of LEOSA.

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West Virginia honors all out-of-state concealed carry permits

West Virginia offers resident and non-resident licenses, with the latter issued to members of the military permanently posted in the state. As of July 6, 2021, the state also issues permits to non-residents. CHLs require a firearms training course in handling and firing a handgun. This includes proof of actual live firing of ammunition by the applicant.

Retired law enforcement officers (LEO) and retired LEOs (RLEOs) can carry a concealed firearm in West Virginia under the Law Enforcement Officers Safety Act (LEOSA), or HR 218. This also applies to those who are separated from service in good standing. To qualify, officers must carry identification issued by the agency at which they are employed or retired while possessing the firearm.

It is important to note that each state has its own requirements and limitations on the carry of firearms. Therefore, it is essential to check the laws of the state before traveling there with firearms.

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A West Virginia concealed deadly weapons license is valid for five years

West Virginia has a set of laws that govern the carrying of concealed deadly weapons within the state. These laws cover both residents and non-residents, with certain variations. A West Virginia concealed deadly weapons license is valid for five years, and there are specific requirements that must be met to obtain and renew this license.

Firstly, individuals must be 21 years of age or older to qualify for a concealed deadly weapons license in West Virginia. Those who are between 18 and 20 years old are required to obtain a provisional CHL (Concealed Handgun License) to carry a concealed weapon in the state. This license is also available to both residents and non-residents of West Virginia, including active military personnel stationed in the state.

To obtain a concealed deadly weapons license in West Virginia, applicants must apply to the sheriff of their county and meet certain qualifications. The specific requirements include completing a training course in the handling and firing of a handgun, which includes live firing exercises. Additionally, applicants must provide proof of their competency and meet background check requirements. It is important to note that law enforcement officers (LEOs) and retired LEOs (RLEOs) have separate provisions under the Law Enforcement Officers Safety Act (LEOSA).

When it comes to reciprocity, West Virginia honors all out-of-state concealed carry permits. This means that individuals with a valid concealed carry permit from another state can carry their concealed weapon within West Virginia without obtaining a separate West Virginia license. However, retired law enforcement officers from states other than West Virginia must carry proof of their training and qualification on the firearm they carry within one year of the date of carrying the firearm in West Virginia.

It is worth noting that West Virginia has a "stand your ground" law, also known as the Castle Doctrine, which allows individuals to defend themselves and their property by any means necessary if they believe they or someone else is in imminent danger of serious bodily harm or death. Additionally, West Virginia does not have any specific laws regarding "No Weapons Allowed" signs, and there is no duty to inform law enforcement about carrying a concealed weapon. However, municipalities may regulate the possession or carrying of handguns, pepper spray, or deadly weapons in certain areas, such as municipal buildings and recreational facilities.

Frequently asked questions

Individuals must be at least 21 years old to obtain a gun license in West Virginia. Provisional licenses are available for individuals between the ages of 18 and 21.

To obtain a gun license in West Virginia, individuals must be a resident of the state and county in which they are applying, be a US citizen or legal resident, and have a valid driver's license or state-issued photo identification. They must also not have a history of substance abuse, DUI convictions, or felony convictions, and must successfully complete a handgun training and safety course.

Yes, West Virginia honors all out-of-state concealed carry permits and also offers non-resident licenses to individuals who are members of the military permanently posted in the state.

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