Gun Laws in West Virginia

Subject/Law	Long Guns	Hand Guns	Relevant Statutes	Notes
State permit required to purchase?	No	No
Firearm registration?	No	No
Assault weapon law?	No	No
Magazine capacity restriction?	No	No
Owner license required?	No	No
Permit required for concealed carry?	N/A	No	§ 61-7-4 § 61-7-7	West Virginia is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Permitless carry took effect on May 24, 2016.
Permit required for open carry?	No	No		May carry openly without permit.
Castle Doctrine/Stand Your Ground law?	Yes	Yes	§ 55-7-22
State preemption of local restrictions?	Yes	Yes	§ 8-12-5a	"Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law."
NFA weapons restricted?	No	No
Shall certify?	Yes	Yes	§ 61-7-16	Shall certify within 30 days.
Peaceable Journey laws?	No	No
Background checks required for private sales?	No	No

Gun Laws by State: West Virginia

Understanding Gun Laws in West Virginia

When it comes to gun laws, every state has its own set of rules and regulations. In this article, we will be focusing on West Virginia and its specific gun laws. We'll discuss everything from permit requirements to the Castle Doctrine, providing you with a comprehensive understanding of West Virginia's gun laws.

Permit and Registration Requirements

In West Virginia, there is no state permit required to purchase either long guns or handguns. This means that residents can purchase firearms without having to obtain a specific permit from the state. Similarly, there is no firearm registration required for either type of gun. This is in contrast to some states where gun owners are required to register their firearms with the state.

Assault Weapon Laws and Magazine Capacity

West Virginia does not have any specific laws regarding assault weapons or magazine capacity. This means that there are no restrictions on the types of firearms that can be owned or the capacity of their magazines.

Owner License and Carry Permits

There is no requirement for gun owners in West Virginia to have an owner license. However, when it comes to carrying firearms, the laws are a bit more specific. While there is no permit required for open carry, the state does have regulations regarding concealed carry.

West Virginia is a "shall issue" state, meaning that they will provide concealed carry permits to citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Importantly, permitless carry took effect on May 24, 2016, allowing individuals to carry concealed firearms without a permit.

Castle Doctrine/Stand Your Ground Law

West Virginia has a Castle Doctrine/Stand Your Ground law in place. This law allows individuals to use force, including deadly force, to protect themselves in their homes, vehicles, or any other place where they have a legal right to be, without the duty to retreat.

State Preemption of Local Restrictions

West Virginia has a state preemption law that prevents municipalities from enacting their own gun laws that are more restrictive than state law. This means that local governments cannot limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith.

NFA Weapons and Certification

There are no restrictions on NFA (National Firearms Act) weapons in West Virginia. Additionally, the state has a "shall certify" law, which means that local law enforcement must certify the transfer of any firearm regulated under the NFA within 30 days.

Private Sales and Background Checks

West Virginia does not require background checks for private gun sales. This means that private sellers are not required to conduct a background check on the buyer before selling a firearm.

In conclusion, West Virginia's gun laws are relatively permissive, with few restrictions on the purchase, possession, and carrying of firearms. However, as with any legal matter, it's always a good idea to consult with a legal professional if you have specific questions or concerns about the laws.