The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of West Virginia as of May 17, 2009. The below information is designed to be a guide and not the final word. If you have specific questions, please consult the State of West Virginia or the WVCDL (www.wvcdl.org), a private concealed carry advocacy group.

General Information

Article 7, Chapter 61 of the West Virginia Code generally governs the possession and carrying of deadly weapons in West Virginia.  Under W.Va. Code § 61-7-4, any resident of West Virginia who meets the non discretionary statutory qualifications shall be issued a license to carry concealed pistols or revolvers by the sheriff of his or her county of residence.  The license is valid for 5 years and costs $90 for both first-time and renewal applicants.  The license does not authorize the carrying of any concealed weapon other than pistols and revolvers--no knives, brass knuckles, etc.

The West Virginia State Police has made available online the current uniform application form that has been prescribed by the Superintendent of the State Police and which § 61-7-4 requires all sheriffs to use. A person intending to apply for a concealed handgun license will need to complete the application form, print it, go to a notary public (most sheriffs have a notary on staff) and sign the application in front of the notary and have the application notarized, and then file the application together with a copy of the applicant's driver's license, a copy of the applicant's proof of training or existing license, and the $75 fee due at the time of application (the other $15 is due when the license is issued).

Qualifications

To be licensed to carry concealed pistols & revolvers in West Virginia, an applicant must meet the following qualifications:

• Be a resident of this state and of the county in which the application is filed
• Be at least 21 years of age or be at least 18 years of age and be employed in a job requiring the applicant to carry concealed handguns
• Not be addicted to or an unlawful user of alcohol, controlled substances, or other drugs
• Not have been convicted of a felony
• Not have been convicted of a misdemeanor crime of violence involving the use of a deadly weapon
• Not have been convicted of a misdemeanor crime of domestic violence
• Not be currently subject to either a temporary or final domestic violence protective order
• Not be on probation or any other form of judicial supervision for any misdemeanor
• Not under indictment for any felony
• Not have been adjudicated mentally incompetent by any court
• Be physically and mentally competent to carry a concealed handgun; this provision is vague but has not led to known abuses
• Have successfully completed one of several specified forms of handgun training.

W.Va. Code § 61-7-4(d) specifies the types of handgun training that are acceptable as proof of training for a concealed handgun license applicant. West Virginia only requires training at some point prior to initial licensure and does not require refresher courses or recertification.  In addition, provided that an applicant retains documentation of having completed one of the specified forms of training and the training fulfills one of the statutory criteria, training taken many years ago is legally sufficient.

The acceptable forms of training for a West Virginia concealed handgun license are:

• Any official national rifle association handgun safety or training course;
• Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by such institution;
• Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the national rifle association; [or]
• Any handgun training or safety course or class conducted by any branch of the United States military, reserve or national guard.

When applying for a CHL, an applicant should make a photocopy of his or her proof of training and keep the original.  An applicant should permanently retain the original copy of the original proof of training should he or she move to another state that might accept it in lieu of taking a new course to carry in his or her new state of residence or if a licensee lets his or her license lapse and has to apply for a new license, at which time you must provide proof of training; only when a person renews a current, valid CHL is he or she not required to produce a training certificate.  In addition, until West Virginia improves its reciprocity law, the same training that fulfills West Virginia's CHL training requirement also fulfills the training requirement to obtain a Florida non-resident license to permit you to legally travel while armed in many other states.

West Virginia charges two separate fees for concealed handgun licenses.  At the time of application, an applicant must pay the sheriff $75.  If the license is granted, the licensee must pay the sheriff an additional $15 at the time of claiming the license.  Each sheriff varies as to the form of payment (cash, check, money order, etc.) that may be used to pay these fees.

Currently, West Virginia has reciprocity with 18 states, while an additional 4 states honor a West Virginia CHL without requiring us to honor their licenses. Alaska and Vermont do not require a license to carry a handgun, either openly or concealed; however, Alaska has a shall-issue licensing system for issuing licenses to Alaska residents for reciprocity purposes and has reciprocity with West Virginia.

Official state reciprocity information pages:

Alaska -- Arizona -- Arkansas -- Florida -- Kentucky -- Louisiana -- Michigan
Mississippi -- Missouri -- North Carolina -- Ohio -- Oklahoma -- Pennsylvania
South Carolina -- South Dakota -- Tennessee -- Utah -- Virginia -- West Virginia

Did You Know?

The Division of Motor Vehicles accepts a current, valid West Virginia concealed handgun license that shows the licensee's current residence address as proof of residence for obtaining or renewing a driver's license.  Click here or here for more information.

Places Off-Limits Whilst Carrying

Although a CHL authorizes the licensee to carry statewide, other state laws restrict or prohibit the carrying of weapons, openly or concealed, in certain locations.  Having a valid CHL is not a defense or exception to the prohibitions under West Virginia law on carrying in any of the following areas:

• The grounds of any jail, state correctional facility, juvenile facility or juvenile detention center, unless specifically authorized by the authorities in control of the facility (§61-5-8(c))
• Primary or secondary school property (§61-7-11a(b))
• School buses (§61-7-11a(b))
• Primary or secondary school-sponsored functions or events (§61-7-11a(b))
• Courthouses (§61-7-11a(g))
• Anywhere on the State Capitol Complex, including the grounds outside the buildings (§61-6-19(b))
• Wherever signs are posted indicating weapon restrictions or where notice has been given by other means. (§61-7-14) However, a person is not subject to the misdemeanor penalty provided for a violation of any such restriction unless that person refuses to either leave or temporarily relinquish his or her weapon, upon being confronted about the violation.

In addition to these locations, federal law prohibits carrying in, among other places:

• Any building or part of a building owned or leased by the federal government where federal employees are regularly present for the purpose of performing their official duties (18 U.S.C. § 930)
• The secure areas of airports

Please note that under the prohibition on carrying on school property, a person with a CHL cannot have a loaded gun in their car even if that person only temporarily drives his or her vehicle onto school grounds with the intent of quickly leaving without exiting the vehicle.  Many states have recognized the inherent problems with similar laws and have, in some states, completely exempted CHL holders from their gun-free school zone laws or, in many other states, created exemptions to allow CHL holders to legally carry and store loaded handguns in their vehicle while driving or parking on school property.