West Virginia Gun Laws: Concealed Carry, Open Carry and Buying a Gun
West Virginia gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for West Virginia
- Permitless (constitutional) carry
- Yes. Any person may carry a concealed deadly weapon without a license if he or she is at least 18 years of age, a United States citizen or legal resident, and not prohibited from possessing a firearm under W. Va. W. Va. Code § 61-7-7(a), (c), (d), (e)
- Open carry
- Allowed without a permit. The Attorney General's guide states that West Virginia allows permitless open carrying of firearms. W. Va. Code §§ 61-7-8(a), 8-12-5a(c); AG guide 'On the Mark' p. 3
- Age to buy a gun
- West Virginia has no state law that sets a general minimum age to buy handguns or long guns. A person under 18 who is not married or otherwise emancipated may not possess or carry any deadly weapon (with exceptions for family or permitted property and lawful hunting). W. Va. Code §§ 61-7-8(a), 61-7-10(c), (d); W. Va. Code ch. 61, art. 7 (reviewed)
- Concealed carry permit
- The optional state license to carry a concealed deadly weapon (concealed handgun license, CHL), issued by the county sheriff for pistols and revolvers only. W. Va. Code §§ 61-7-4(a), (b)(3), (e), (g), (h), (q); 61-7-4a(a), (g), (h)
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | Yes. Any person may carry a concealed deadly weapon without a license if he or she is at least 18 years of age, a United States citizen or legal resident, and not prohibited from possessing a firearm under W. Va. Code § 61-7-7 or under 18 U.S.C. § 922(g) or (n). Excluded (prohibited) persons include anyone convicted of a crime punishable by more than one year in prison, people habitually addicted to alcohol or unlawful users of controlled substances, people adjudicated mentally incompetent or involuntarily committed, people unlawfully in the U.S., people dishonorably discharged, people subject to certain domestic violence protective orders, and people convicted of domestic assault or battery. A prohibited person who carries a concealed firearm commits a separate felony (up to 3 years, or up to 10 years for those convicted of violent, sexual or certain drug felonies). The age was lowered from 21 to 18 by HB 4106, effective June 12, 2026, which also repealed § 61-7-3. Effective date from the Attorney General's guide 'On the Mark' (updated July 2026): https://ago.wv.gov/media/37731/download?inline. The AG guide also says this rule applies only inside West Virginia. |
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| Concealed carry permit | The optional state license to carry a concealed deadly weapon (concealed handgun license, CHL), issued by the county sheriff for pistols and revolvers only. Shall-issue: the sheriff 'shall issue' the license unless the application is incomplete, materially false, or the applicant does not meet the requirements, and must act within 45 days once background checks are complete. Applicant must be 21 or older and complete a handgun training course that includes actual live firing of ammunition (waived for renewal applicants who previously qualified). Fee: $50 for residents (apply to the sheriff of one's county) and $100 for nonresidents (apply to any county sheriff). New licenses and renewals are valid for five years from the licensee's most recent birthday. Honorably discharged veterans and certain honorably retired law-enforcement officers are exempt from the fees. Residents 18 to 20 may get a provisional license (fee $15 at application plus $15 before issuance, same training) valid until age 21; it is marked 'NOT NICS EXEMPT'. Provisional license: https://code.wvlegislature.gov/61-7-4a/. |
| Open carry | Allowed without a permit. The Attorney General's guide states that West Virginia allows permitless open carrying of firearms. Persons under 18 who are not married or emancipated may not carry openly or concealed any deadly weapon, except on family property or other property with parental and owner permission, while lawfully hunting, or traveling to and from a hunting site. Open carry is subject to the same place limits as other carry (schools, courts, State Capitol Complex, private property when the owner prohibits it); cities may ban open carry in municipal recreation facilities and carry in municipal buildings. Minors rule: https://code.wvlegislature.gov/61-7-8/ |
| Guns in your car | No permit is needed: any U.S. citizen or legal resident 18 or older who is not prohibited from possessing a firearm may carry a concealed handgun, and no separate loaded/unloaded or locked-container rule for vehicles was found. Specific vehicle rules: on the State Capitol Complex a lawful possessor may keep a firearm in a locked vehicle with the weapon out of normal view; in public-school parking areas only a person 21 or older with a valid concealed handgun license may keep a concealed handgun, stored out of view (and the vehicle locked when unoccupied), while others may keep only an unloaded firearm in a vehicle or locked vehicle; in municipal public parking a lawful weapon may be kept in a locked vehicle out of view; and property owners and employers generally may not ban a lawfully possessed firearm kept out of view and locked in a vehicle in a parking lot. School rule: https://code.wvlegislature.gov/61-7-11a/; Capitol: https://code.wvlegislature.gov/61-6-19/; parking lots: https://code.wvlegislature.gov/61-7-14/ |
| Other states' permits (reciprocity) | By statute, a valid out-of-state handgun permit is honored for concealed carry if the holder is 21 or older, has the permit in immediate possession, is not a West Virginia resident, and the other state honors West Virginia licenses (by notice to the Attorney General or by written reciprocity agreement). The Attorney General's map (as of October 1, 2025) shows every state recognizing West Virginia's CHL except California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington. Separately, nonresidents 18 or older who may lawfully possess a firearm can carry concealed without any permit under permitless carry. AG reciprocity page and map: https://ago.wv.gov/photo-call-out/gun-reciprocity-information (map: https://ago.wv.gov/sites/default/files/2025-10/2025.10.01%20Gun%20Reciprocity%20Map.jpeg). The map shows which states recognize WV licenses; the statute ties WV's honoring of a state's permit to that recognition. The AG says agreements may change without notice. |
| Where guns are banned | School buses, the buildings and grounds of public primary and secondary schools (and private ones unless the school adopts a written policy allowing firearms), and school-sponsored functions; the premises of any court of law, including family courts (misdemeanor; felony if carried with intent to commit a crime); the State Capitol Complex (except a firearm locked in a vehicle out of view); regional jails, detention and corrections facilities; municipal buildings and, for open or unlicensed carry, municipal recreation facilities where a city ordinance bans weapons; and private property where the owner, lessee or person in control prohibits firearms (refusing to hand over the weapon or leave when asked is a misdemeanor; per the Attorney General no posting is required). On state college campuses, CHL holders may carry concealed, but colleges may restrict carry in listed areas such as large stadium events, daycare centers, residence halls and secured areas. List and no-posting point from the AG guide 'On the Mark' (July 2026), pp. 6-7: https://ago.wv.gov/media/37731/download?inline. Campus carry: https://code.wvlegislature.gov/18B-4-5b/. § 61-5-8(c) was cited from the AG guide, not read directly. |
Buying a gun
| Age to buy a gun | West Virginia has no state law that sets a general minimum age to buy handguns or long guns. A person under 18 who is not married or otherwise emancipated may not possess or carry any deadly weapon (with exceptions for family or permitted property and lawful hunting). It is a felony (3 to 10 years, fine up to $100,000) to knowingly sell, rent, give or lend a firearm to a person prohibited by any provision of the article or by 18 U.S.C. § 922. Reviewed W. Va. Code ch. 61, art. 7 (Dangerous Weapons, §§ 61-7-1 to 61-7-17) on 2026-10-27; no provision found. |
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| Background checks and private sales | West Virginia has no state law that requires a background check, permit-to-purchase or license for private (non-dealer) sales. Any seller, including a private seller, commits a felony by knowingly selling, renting, giving or lending a firearm or ammunition to a person prohibited by state law or 18 U.S.C. § 922, and it is a felony to solicit a dealer or private seller to make an unlawful transfer. Per the Attorney General, a WV CHL issued on or after June 4, 2014 qualifies as an alternative to the federal NICS check at a dealer; provisional licenses do not. Reviewed W. Va. Code ch. 61, art. 7 (Dangerous Weapons, §§ 61-7-1 to 61-7-17) on 2026-10-27; no provision found. Reported from the absence of a state requirement; cities may not limit firearm purchase or transfer (W. Va. Code § 8-12-5a(a)). |
| Waiting period | West Virginia has no state law that sets a waiting period for buying any firearm. Cities may not limit the right to purchase or transfer firearms in a manner inconsistent with state law. Reviewed W. Va. Code ch. 61, art. 7 (Dangerous Weapons, §§ 61-7-1 to 61-7-17) on 2026-10-27; no provision found. |
| Ghost guns and homemade firearms | West Virginia has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits. Cities may not regulate firearms in a manner inconsistent with state law. Reviewed W. Va. Code ch. 61, art. 7 (Dangerous Weapons, §§ 61-7-1 to 61-7-17) on 2026-10-27; no provision found. Federal rules are not covered. |
Red flag law and weapon limits
| Red flag law | West Virginia has no state law that provides for extreme risk protection orders. Under the Second Amendment Preservation and Anti-Federal Commandeering Act (2021), no state court has authority to issue an order depriving a citizen of the right to possess firearms under any 'red flag law', and no state police agency or officer may enforce a red-flag order against a person who may lawfully possess firearms under state law. Reviewed W. Va. Code ch. 61 arts. 7 and 7B and ch. 48 art. 27 on 2026-10-27; no extreme risk order procedure found. |
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| Assault weapons and magazine limits | West Virginia has no state law that bans assault weapons or limits magazine capacity. Cities may not limit the purchase, possession, transfer, ownership, carrying, sale or storage of firearms or ammunition in a manner inconsistent with state law. Reviewed W. Va. Code ch. 61, art. 7 (Dangerous Weapons, §§ 61-7-1 to 61-7-17) on 2026-10-27; no provision found. |
Gun Laws FAQ
Is West Virginia a constitutional carry state?
Yes. Any person may carry a concealed deadly weapon without a license if he or she is at least 18 years of age, a United States citizen or legal resident, and not prohibited from possessing a firearm under W. Va. Code § 61-7-7 or under 18 U.S.C. § 922(g) or (n). Excluded (prohibited) persons include anyone convicted of a crime punishable by more than one year in prison, people habitually addicted to alcohol or unlawful users of controlled substances, people adjudicated mentally incompetent or involuntarily committed, people unlawfully in the U.S., people dishonorably discharged, people subject to certain domestic violence protective orders, and people convicted of domestic assault or battery. A prohibited person who carries a concealed firearm commits a separate felony (up to 3 years, or up to 10 years for those convicted of violent, sexual or certain drug felonies). The age was lowered from 21 to 18 by HB 4106, effective June 12, 2026, which also repealed § 61-7-3.
How do you get a concealed carry permit in West Virginia?
The optional state license to carry a concealed deadly weapon (concealed handgun license, CHL), issued by the county sheriff for pistols and revolvers only. Shall-issue: the sheriff 'shall issue' the license unless the application is incomplete, materially false, or the applicant does not meet the requirements, and must act within 45 days once background checks are complete. Applicant must be 21 or older and complete a handgun training course that includes actual live firing of ammunition (waived for renewal applicants who previously qualified). Fee: $50 for residents (apply to the sheriff of one's county) and $100 for nonresidents (apply to any county sheriff). New licenses and renewals are valid for five years from the licensee's most recent birthday. Honorably discharged veterans and certain honorably retired law-enforcement officers are exempt from the fees. Residents 18 to 20 may get a provisional license (fee $15 at application plus $15 before issuance, same training) valid until age 21; it is marked 'NOT NICS EXEMPT'.
Is open carry legal in West Virginia?
Allowed without a permit. The Attorney General's guide states that West Virginia allows permitless open carrying of firearms. Persons under 18 who are not married or emancipated may not carry openly or concealed any deadly weapon, except on family property or other property with parental and owner permission, while lawfully hunting, or traveling to and from a hunting site. Open carry is subject to the same place limits as other carry (schools, courts, State Capitol Complex, private property when the owner prohibits it); cities may ban open carry in municipal recreation facilities and carry in municipal buildings.
How old do you have to be to buy a gun in West Virginia?
West Virginia has no state law that sets a general minimum age to buy handguns or long guns. A person under 18 who is not married or otherwise emancipated may not possess or carry any deadly weapon (with exceptions for family or permitted property and lawful hunting). It is a felony (3 to 10 years, fine up to $100,000) to knowingly sell, rent, give or lend a firearm to a person prohibited by any provision of the article or by 18 U.S.C. § 922.
Do private gun sales need a background check in West Virginia?
West Virginia has no state law that requires a background check, permit-to-purchase or license for private (non-dealer) sales. Any seller, including a private seller, commits a felony by knowingly selling, renting, giving or lending a firearm or ammunition to a person prohibited by state law or 18 U.S.C. § 922, and it is a felony to solicit a dealer or private seller to make an unlawful transfer. Per the Attorney General, a WV CHL issued on or after June 4, 2014 qualifies as an alternative to the federal NICS check at a dealer; provisional licenses do not.
Is there a waiting period to buy a gun in West Virginia?
West Virginia has no state law that sets a waiting period for buying any firearm. Cities may not limit the right to purchase or transfer firearms in a manner inconsistent with state law.
Does West Virginia have a red flag law?
West Virginia has no state law that provides for extreme risk protection orders. Under the Second Amendment Preservation and Anti-Federal Commandeering Act (2021), no state court has authority to issue an order depriving a citizen of the right to possess firearms under any 'red flag law', and no state police agency or officer may enforce a red-flag order against a person who may lawfully possess firearms under state law.
Does West Virginia ban assault weapons or high-capacity magazines?
West Virginia has no state law that bans assault weapons or limits magazine capacity. Cities may not limit the purchase, possession, transfer, ownership, carrying, sale or storage of firearms or ammunition in a manner inconsistent with state law.
Can you keep a gun in your car in West Virginia without a permit?
No permit is needed: any U.S. citizen or legal resident 18 or older who is not prohibited from possessing a firearm may carry a concealed handgun, and no separate loaded/unloaded or locked-container rule for vehicles was found. Specific vehicle rules: on the State Capitol Complex a lawful possessor may keep a firearm in a locked vehicle with the weapon out of normal view; in public-school parking areas only a person 21 or older with a valid concealed handgun license may keep a concealed handgun, stored out of view (and the vehicle locked when unoccupied), while others may keep only an unloaded firearm in a vehicle or locked vehicle; in municipal public parking a lawful weapon may be kept in a locked vehicle out of view; and property owners and employers generally may not ban a lawfully possessed firearm kept out of view and locked in a vehicle in a parking lot.
Which states' carry permits does West Virginia honor?
By statute, a valid out-of-state handgun permit is honored for concealed carry if the holder is 21 or older, has the permit in immediate possession, is not a West Virginia resident, and the other state honors West Virginia licenses (by notice to the Attorney General or by written reciprocity agreement). The Attorney General's map (as of October 1, 2025) shows every state recognizing West Virginia's CHL except California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington. Separately, nonresidents 18 or older who may lawfully possess a firearm can carry concealed without any permit under permitless carry.
Where can't you carry a gun in West Virginia?
School buses, the buildings and grounds of public primary and secondary schools (and private ones unless the school adopts a written policy allowing firearms), and school-sponsored functions; the premises of any court of law, including family courts (misdemeanor; felony if carried with intent to commit a crime); the State Capitol Complex (except a firearm locked in a vehicle out of view); regional jails, detention and corrections facilities; municipal buildings and, for open or unlicensed carry, municipal recreation facilities where a city ordinance bans weapons; and private property where the owner, lessee or person in control prohibits firearms (refusing to hand over the weapon or leave when asked is a misdemeanor; per the Attorney General no posting is required). On state college campuses, CHL holders may carry concealed, but colleges may restrict carry in listed areas such as large stadium events, daycare centers, residence halls and secured areas.
Are ghost guns legal in West Virginia?
West Virginia has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits. Cities may not regulate firearms in a manner inconsistent with state law.
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