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Thread: Looks like I have to get a CCW

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    Looks like I have to get a CCW

    posted 04-16-2012 07:12 PM
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    if your sidearm is not configured for hunting,i.e barrel under 4in in length, you dont have a CCW, can you keep it in plain view while in your car, the WV State Police site says yes,game laws read different, can you let me know which is right, or does is it a matter of which dept your dealing with, it seems there is a contridiction in the laws.

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    Officer Clyde
    Moderator posted 04-20-2012 08:27 AM
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    It has to be unloaded inside a vehicle unless you have a CCW.

    I have read all the laws I can on open carry in WV, the State Police web site says it's legal, our game laws say NO, which is right, it clearly states in the game laws weapons must be unloaded, the WV State police says its ok. So im going to get my CCW just for carrying in my car, I have opened carried in several stores and on walks with my wife with no trouble whatsoever, except Walmart management will kinda follow you about. If anyone more educated than myself would like to wiegh in please feel free. I also went mushroom hunting the other day and by OCing I could have been sited for hunting out of season and without a hunting liscens.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    In WV our code is written in such a way to be articulated according to officer perception.. sometimes our simple laws (compaired to other states) can be articulated in the "violator's" favor.

    I am a fan of open carry and according to WV code just as u said the DNR code sort of leaves it open for perception. I have talked to a couple of high ranking members of the DNR and they say it is up to the officer to decide if it is concealed based on the totality of the circumstances just as with most things around LE

    The way to look at this is to understand something you might think is legal can be articulated against u if the officer wants based on what he thinks "according to municipal code, state law, us code , and the constitution.. lol.

    I was told if a person had small semi auto on his side as opposed to a 8in .44 Mag with a scope he would be just fine and i completely agree. Basicly if it feels wrong it prob is. Hope this helped.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by eamelhorn View Post
    posted 04-16-2012 07:12 PM
    --------------------------------------------------------------------------------
    if your sidearm is not configured for hunting,i.e barrel under 4in in length, you dont have a CCW, can you keep it in plain view while in your car, the WV State Police site says yes,game laws read different, can you let me know which is right, or does is it a matter of which dept your dealing with, it seems there is a contridiction in the laws.

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    Officer Clyde
    Moderator posted 04-20-2012 08:27 AM
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    It has to be unloaded inside a vehicle unless you have a CCW.

    I have read all the laws I can on open carry in WV, the State Police web site says it's legal, our game laws say NO, which is right, it clearly states in the game laws weapons must be unloaded, the WV State police says its ok. So im going to get my CCW just for carrying in my car, I have opened carried in several stores and on walks with my wife with no trouble whatsoever, except Walmart management will kinda follow you about. If anyone more educated than myself would like to wiegh in please feel free. I also went mushroom hunting the other day and by OCing I could have been sited for hunting out of season and without a hunting liscens.
    Haven't a clue what is going on here. Please clarify.

    Are you trying to quote someone else that posted 4/16?

    In referencing "mushroom hunting", presume you are being facetious - would be good to indicate so by using a smilie/emoticon.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    No I was being serius about mushroom hunting, (MOREL) or as they are known here Mollymoochers, there more additve than the magic one's and you cook and eat them not lick them LOL. grapeshot I posted that question on ASK THE NATURAL RESOURCE POLICE, the moderator is a retired game warrden and I have delt with him, a very good officer. Our laws are written in a way that you must understand both state laws and game laws.

    Thank you WVLEO for your answer, knowing what I do about the laws it does help to have them clarified by someone who knows them and understands thier intent, thank you again for your reply, I am a hunter, and have always abided by the reg's and taught my boys to do the same. Open carry is new to me, im a local minister and def dont want my name in the paper, but I have had 2 guns stolen in the last year and my brother-n-law had one stolen, all by relatives who happen to have prescription drug issue's. Si I started open carrying on my property then it just expanded from there.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    To Grapeshot
    To better explain, I was in the woods picking wild mushrooms, I was OCing a small .22 auto, because I dont have a CCW, if I would have CC I would have been illegal. But also I was in the woods with a gun OCing I was illegal, there is no open hunting season's open in the woods in WV right now, i.e. hunting out of season, and without a hunting liscens, our game laws and state laws contridict each other. So to take a walk in the woods in WV when there is no hunting season open, you MUST carry concealed and have a CCW to be perfectly legal, if its hunting season you must open carry unless you have a CCW and have a hand gun hunting permitt, and the gun has to be legal to hunt with. Are you confussed yet??? Now if you bow hunt and carry a pistol it must be concealed, therefore you must have a CCW, because if you carry a bow and gun at the same time it's illegal, unless you have a valid CCW. Do you want me to continue?? Bottom line if you open carry in WV, KNOW YOUR GAME LAWS!!!!! As I was told by a friend who is a LEO, and your cought OCing in your car you can be held untill a Natural Resource Police Officer get's there. Unless you get one like answered my post, and they are out there.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by eamelhorn View Post
    No I was being serius about mushroom hunting, (MOREL) or as they are known here Mollymoochers, there more additve than the magic one's and you cook and eat them not lick them LOL. grapeshot I posted that question on ASK THE NATURAL RESOURCE POLICE, the moderator is a retired game warrden and I have delt with him, a very good officer. Our laws are written in a way that you must understand both state laws and game laws.

    --snip--
    OK educate me further. Are you saying that DNR requires a hunting license to legally "hunt' mushrooms and that by carrying while engaged in such hunting w/o a permit is illegal?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    No Im sorry im not that artichulte on a pc, just being in the woods open carrying can be considered hunting, weather your taking a walk, hunting mushrooms, digging ramps, or digging ginsing. Being in the woods open carrying can and sometimes will be considered hunting, thus you would fall under all the hunting reg's. I used what I was doing the other day (mushroom hunting) as an example.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    Once you enter the woods with a gun or bow regardless of your activity, you can be considered as HUNTING and thus you fall under our game laws. Im sorry that I was not more clear with my post.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    I forgot to ad to my last post, UNLESS you are CC and have a CCW, then your exempt from the hunting reg's. The game laws and state laws go round and round. I have a friens I went to school with in the WV house of Delegates when I get a chance im gonna talk to him.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by eamelhorn View Post
    posted 04-16-2012 07:12 PM
    --------------------------------------------------------------------------------
    if your sidearm is not configured for hunting,i.e barrel under 4in in length, you dont have a CCW, can you keep it in plain view while in your car, the WV State Police site says yes,game laws read different, can you let me know which is right, or does is it a matter of which dept your dealing with, it seems there is a contridiction in the laws.

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    Officer Clyde
    Moderator posted 04-20-2012 08:27 AM
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    It has to be unloaded inside a vehicle unless you have a CCW.

    I have read all the laws I can on open carry in WV, the State Police web site says it's legal, our game laws say NO, which is right, it clearly states in the game laws weapons must be unloaded, the WV State police says its ok. So im going to get my CCW just for carrying in my car, I have opened carried in several stores and on walks with my wife with no trouble whatsoever, except Walmart management will kinda follow you about. If anyone more educated than myself would like to wiegh in please feel free. I also went mushroom hunting the other day and by OCing I could have been sited for hunting out of season and without a hunting liscens.
    Look in the definitions section of both laws, carry, and F&W. You MAY (or may not, I do not know) be like WA. F&W regulations pertain to long guns only, and even with a CPL you cannot carry a loaded LONG gun in your vehicle. However...Pistols are assumed to be for Self Defence and come under completely different laws, OC legal without a permit, CC and OC Legal with a Concealed Pistol License...and this CPL only pertains to side arms...not long guns.

    Does WV have the same definitions? If they do, that will answer the question.

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    Did ya have any luck hunting mollymoochers?

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    Quote Originally Posted by hermannr View Post
    Does WV have the same definitions? If they do, that will answer the question.

    WV's carry laws are a legal spaghetti bowl of contradictory laws. There are a LOT of things that are 100% legal (OC, CC with a permit, vehicle carry, etc) but if you happen to run across a DNR officer while doing them--ANY TIME of the year--in season or not, with a hunting license or not, even on your OWN property--you could get legally cited and perhaps even arrested for doing.

    The DNR made up a bunch of silly laws years ago with the intent to prevent people from poaching using hanguns, and now that WV is a recognized OC state and has "Shall Issue" CC permits, these DNR laws make it VERY difficult to NOT break the law, especially if you spend any time at all in rural areas.

    Technically, DNR officer's authority is NOT limited only to rural areas or areas where hunting is allowed--they have authority to enforce their laws ANYTIME and ANYWHERE in the state. Technically, you could be walking down the street of Morgantown or Wheeling or Parkersburg, legally OCing and if a DNR officer didn't like it, he could charge you for "breaking" any number of stupid DNR laws. Hasn't happened to my knowledge, but it is technically possible.

    WV needs to SERIOUSLY address this issue, and bring DNR laws regarding lawful carry in-line with the State's Criminal code, so that lawful OC and CC is protected from these stupid, unconstitutional laws...
    Last edited by Dreamer; 04-23-2012 at 01:13 AM.
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    To hermannr "no WV makes NO distinction" Im gonna talk with a local delegate there needs to be some rewording of the laws, and poaching is a major problem where I live, and a natrural Resource Police officer has ALL the power of the State Police plus the power to enforce game laws'

    To WVlocalLEO no luck cant find them in Jackson county, dag gone jackson county red clay, and Im having withdrawals LOL

    To Dreamer your are exactly right, people how dont hunt dont take time to read the game laws. Thats why I have posted this, you can find yourself in a world of trouble if you get smart with a game warrden here in WV he/she may educate you as to what ALL the laws state.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    Dreamer, a man was cited for open carrying in the woods a few years ago while ramp digging (a wild garlic) he was cited for hunting out of season,no hunting liscens, and no pistol hunting permit. Its on the Ask the Natural Resource Police site. Also a friend of mine had his wife and children with him he had bullets in the car and was looking at some deer (with his head lights) a NO NO, no gun just bullets, got hit with no hunting liscens, and illumimating game with an artificial light, which he did do. If you have bullets and get caught doing that your in trouble, which I kinda agree with, due to the poaching in my aera.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

  15. #15
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    bump, this is for Norton
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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