Red Flag Law and Weapon Limits in West Virginia

Whether West Virginia has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.

Short answer: 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… W. Va. Code §§ 61-7B-3, 61-7B-5(c), 61-7B-6; W. Va. Code ch. 61, arts. 7 and 7B; ch. 48, art. 27 (domestic violence protective orders) (reviewed)

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. Source: W. Va. Code §§ 61-7B-3, 61-7B-5(c), 61-7B-6; W. Va. Code ch. 61, arts. 7 and 7B; ch. 48, art. 27 (domestic violence protective orders) (reviewed)
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. Source: W. Va. Code § 8-12-5a(a); W. Va. Code ch. 61, art. 7 (reviewed)

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.

Source: W. Va. Code §§ 61-7B-3, 61-7B-5(c), 61-7B-6; W. Va. Code ch. 61, arts. 7 and 7B; ch. 48, art. 27 (domestic violence protective orders) (reviewed)

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.

Source: W. Va. Code § 8-12-5a(a); W. Va. Code ch. 61, art. 7 (reviewed)

More West Virginia gun laws

FAQ

Does West Virginia have a red flag law?

Does West Virginia ban assault weapons or high-capacity magazines?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.