Carry While Using Alcohol or Drugs?

Not addressed in state statutes. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

No. West Virginia does not have a red flag law.

Yes. It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. [W. Va. Code Ann. § 61-7-11]

Yes, the state has preemption of firearms laws in West Virginia, except municipalities may regulate the: Carry or possession of a firearm in municipal buildings; Carry or possession of a deadly weapon, firearm, or pepper spray openly or that is not lawfully concealed in municipal recreational facilities: provided a municipality may not prohibit a person with a valid concealed handgun license from carrying an otherwise lawfully possessed firearm into a municipally owned recreation facility and securely storing the firearm out of view and access to others during their time at the municipally owned recreation facility; and Carry or possession of deadly weapon, firearm, or pepper spray on municipally owned or operated buildings and municipally owned recreation facilities only by individuals without concealed carry licenses. Municipalities must provide signage for any areas with restrictions. In addition, a person may keep an otherwise lawfully possessed deadly weapon, firearm, or pepper spray in a motor vehicle in municipal public parking facilities if the vehicle is locked and the deadly weapon, firearm, or pepper spray is out of view. Municipalities may not restrict the carrying or possessing of deadly weapons, firearm, or pepper spray, which are otherwise lawfully possessed, on public streets and sidewalks of the municipality. [W. Va. Code Ann. § 8-12.5(a)] As of June 24, 2020, state preemption has been extended. (a) No municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, pepper spray, ammunition or ammunition components so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law.

"No Weapons Allowed" Signs Enforced?

No. West Virginia does not enforce "No Weapons Allowed" signs.

DRIVER'S LICENSE LINKED TO Carry License?

No. Your West Virginia driver’s license is not linked to your West Virginia concealed handgun license (CHL). Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, WV State Police have a CHL database and they can access your information there.

Duty to Inform Officer You're Carrying?

There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in West Virginia.

PUBLIC ACCESS TO CONCEALED CARRY REGISTRY?

The issuing sheriff is required to furnish the Superintendent of the West Virginia State Police with a certified copy of any approved license applications and, when requested, a certified list of all licenses issued in the county. The Superintendent shall maintain a registry of all persons who have been issued concealed weapons licenses.

HUNTER HARASSMENT LAW?

Yes. A person may not willfully obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping. [W. Va. Code Ann. § 20-2-2a]

WEAR A COVID MASK & CARRY?

One statute was identified making it illegal to wear a mask with intent to conceal one’s identity, although there is an exceptions during emergencies. The Governor’s legal counsel made it clear people can still carry their guns while adhering to the mask mandate during the pandemic. [W. Va. Code § 61-6-22]

WHAT ARE THE KNIFE LAWS IN WEST VIRGINIA?

It is legal to own and openly carry any type of knife in West Virginia. It is legal to concealed carry a dirk dagger, poniard or stiletto with a blade more than 3.5 inches long, a switchblade, gravity knife, butterfly knife or any instrument capable of inflicting cutting, stabbing or tearing wounds, as long as you are not prohibited from carrying a firearm, are a U.S. citizen and are older than 21 years of age. Any knife, including a pocketknife with a blade 3 ½ inches or less, is prohibited on school property and in court facilities. Municipalities may have additional restrictions, including Charleston where the possession of switchblades is illegal and dirks and Bowie knives are not permitted in City Hall or other city-owned properties. [W. Va. Code § 61-7-3, 61-7-7(c) and 61-7-11a]

CARRY WHILE BOW HUNTING?

Yes. Individuals who possess a valid concealed carry license may carry a concealed handgun while archery hunting. [Genl Hunting Laws & Regs]

CARRY WHILE GUN HUNTING?

Yes. Individuals who possess a valid concealed carry license may carry a concealed handgun while afield hunting, hiking, camping, fishing or in or on a motor vehicle for purposes of self-defense only. [WV Dept of Nat Resources General Regulations]

CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)?

Yes, without a license. [WV DNR State Parks Rules]

STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?

No person charged with the care, custody and control of real property may prohibit any customer, employee or invitee from possessing any legally owned firearm, when the firearm is: Lawfully possessed; Out of view; Locked inside or to a motor vehicle in a parking lot; and When the customer, employee or invitee is lawfully allowed to be present in that area. No employer may condition employment upon either the fact that a prospective employee holds a concealed carry license or an agreement with a prospective employee prohibiting that person from keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot when the firearm is kept for lawful purposes. [W. Va. Code Ann. § 61-7-14]

CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL?

Yes, there is no statute making it illegal to concealed carry, unless posted.

CARRY AT ROADSIDE REST AREAS?

Yes. Concealed carry at roadside rest areas in West Virginia is allowed.

CARRY/POSSESS AT A HOTEL?

West Virginia statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.

Yes, without a license for persons at least 21 years old (18 years old for members of the United States Armed Forces, Reserve or National Guard) and legally entitled to have a firearm under state and federal law. [W. Va. Code Ann. § 20-2-5(9)][W. Va. Code Ann. § 61-7-7] On March 9, 2022, Gov. Jim Justice signed HB 4048 into law, which permits individuals to lawfully possess loaded or uncased long guns in their vehicles. It will go into effect on May 24, 2022.

West Virginia gun laws & concealed carry reciprocity map

West Virginia is a shall-issue state with concealed weapons licenses issued at the county level by the sheriff’s office.

There is no permit, background check, waiting period or firearms registration required when buying a handgun from a private individual in West Virginia.

West Virginia is a permitless carry state. Open carry is legal with no requirement to have a license to carry a firearm, provided the person is at least 18 years old and is legally entitled to have a firearm under state and federal law. Some areas are off-limits, including schools and courthouses.

To concealed carry without a license, a person must be a U.S. citizen, or legal resident of the U.S., that is at least 21 years old and is legally entitled to have a firearm under state and federal law. If an 18- to 20-year-old wishes to concealed carry they would require a Provisional Concealed Handgun License (CHL). West Virginia CHLs are issued to residents and members of the military permanently posted in West Virginia. As of July 6, 2021, the State will issue permits to non-residents. CHLs require a firearms training course in handling and firing a handgun. In terms of reciprocity, West Virginia honors all out-of-state concealed carry permits.

Where can I carry with my West Virginia permit?

Yes

Yes, Constitutional Carry

Yes, Other Restrictions

49 States Honored | 37 Reciprocating States

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West Virginia Concealed Carry License Information

Fees:

Initial License & Renewals - $25 plus a $25 background fee.As of July 6, 2021, Non-resident permits - $100 plus a $25 background fee.

Provisional License - $15 plus a $25 background fee.

*Honorably retired officers and honorably discharged veterans of the armed forces of the United States are exempt from payment of fees except for background check fee.

Application:

Link to application

Link to Provisional CHL application

Residency Changes:

Moving to West Virginia and interested in applying for a resident license? How soon can you apply?West Virginia issues licenses to residents and members of the military permanently posted in WV only. You can apply for your license to the sheriff of your county once you have established your residence in that county.

Moving from West Virginia and have a West Virginia resident license? Does that license transfer to your new state? Is there a grace period during which your West Virginia license remains valid?If a person with a West Virginia concealed handgun license establishes residency in another state, the license expires upon the establishment of residence in the other state.

Name/Address Changes:

You must complete the Change Notification Form within 20 days, have it notarized and submit it to your local Sheriff's office. Pay the $5 fee.

Lost/Stolen Licenses:

You may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the issuing sheriff indicating that your license has been lost or destroyed.

Valid For:

5 years

Processing Time:

45 days

Requirements:

An applicant must:

Be 21 years of age or older (individuals between the ages of 18 and 20 may apply for a provisional license to carry);
Have completed a training course in the handling and firing of a handgun that meets the requirements of state law;
Be a bona fide United States citizen or legal resident;
Not be addicted to alcohol or a controlled substance or drug, and is not “an unlawful user thereof,” as evidenced by either of the following within the 3 years immediately prior to the application: 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 or set aside or the applicant’s civil rights have been restored or the applicant has been pardoned for the offense);
Not have been convicted of a “misdemeanor crime of domestic violence,” as defined under federal law;
Not have been convicted of a misdemeanor crime of violence within the 5 years immediately preceding the application;
Not have been convicted of a misdemeanor offense of assault or battery under any state law against a current or former spouse, intimate partner, person with whom the defendant cohabited, a parent or guardian, child or member of the household;
Not be under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction, or is the subject of an emergency or temporary domestic violence protective order, or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;
Not have been adjudicated mentally incompetent or involuntarily committed to a mental institution, unless the person presents a court order reflecting that the person is no longer under the disability and the applicant’s right to possess or receive a firearm have been restored;
Not be otherwise prohibited from possessing or receiving a firearm by state law; and
Meet federal law requirements.

*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of West Virginia.

Non-Resident Concealed Carry Licenses:

As of July 6, 2021, the State issues licenses to non-residents. The process is the same as for residents.

How to get a West Virginia Concealed Weapons Permit

Step 1:

Complete a firearm training course if required.

Step 2:

Download the application form.

Step 3:

File your completed and notarized application at the sheriff’s office for the county in which you reside or any county sheriff's office for non-residents. You will need the following:

Firearms course certificate;
Passport-style photo; and
Driver’s license/ID card.

Pay the fee.

Step 4:

The sheriff will conduct an investigation relative to the information contained in the application as required by state law. Upon completion of the investigation and if a license to carry a concealed pistol/revolver is approved and issued, you will pay an additional $25 fee to the sheriff.

Step 5:

The sheriff will immediately forward to the state police a certified copy of the approved application and will forward the $25 fee within 30 days.

Step 6:

You will be contacted when the license is ready to be picked up.

West Virginia Self-Defense Laws

Use of Force Outside of a Home or Other Residence

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, provided the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker.

Civil Immunity

The justified use of reasonable and proportionate force under this section constitutes a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.

[W. Va. Code Ann. § 61-7-7]

Use of Force Within a Home or Other Residence

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 to prevent a forcible entry into the home or residence or to terminate the intruder’s or attacker’s unlawful entry. That is if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary.

A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker.

Self-Defense

West Virginia is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat in any place a person has a legal right to be if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm.

West Virginia Gun Law Updates

DateDetails

2025-04-09

Added non-lethal weapons to Carry Basics section.

2021-07-08

Updated information on license requirements in the License Info and App Process sections

2021-05-19

Added info on driver's license link to permit in At A Glance table

2021-04-12

Updated information on non-resident licenses in the Summary, At A Glance table and License Info sections

2020-10-13

Updated reciprocity info per Atty. General's announcement

Yes, Selected State:	West Virginia
Yes, Constitutional Carry:	Georgia, Mississippi, Vermont, Alabama, Louisiana, South Dakota, Wyoming, New Hampshire, Florida, South Carolina, Iowa, Maine, Missouri, Tennessee, North Dakota, Alaska, Nebraska, Texas, Ohio, Oklahoma, Utah, Montana, Indiana, Arizona, Idaho, Arkansas, Kansas, Kentucky
Yes, Allowed to Carry:	Nevada, North Carolina, Delaware
Yes, With Restrictions:	Michigan, Minnesota, Wisconsin, Pennsylvania, Virginia, Colorado
No, Carry Not Allowed	New Jersey, Puerto Rico, New Mexico, Maryland, Massachusetts, New York, New York City, California, District of Columbia, Connecticut, Oregon, Illinois, Rhode Island, Hawaii, Washington

West Virginia gun laws & concealed carry reciprocity map

West Virginia Concealed Carry Reciprocity Details

Key West Virginia Gun Laws

Important Concealed Carry Information

West Virginia Concealed Carry License Information

How to get a West Virginia Concealed Weapons Permit

Concealed Carry Locations FAQ

West Virginia Self-Defense Laws