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Thread: I have done a lot of reading of WV Gun Laws...

  1. #1
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    I have done a lot of reading of WV Gun Laws...

    I still find myself confused on what we can and cannot do. I'm not tryinig to beat a dead horse but I read this on WV's State Police Web Site.

    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?

    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.

    Two things:

    1: Isnt it against the law to conduct a search without warrent/ probable cause/ or allowing the police to search your person/home/or vehicle? The State Police Website said plain as day that, if we open carry we could be patted down!? But after looking through the West Virginia Legislature Website I found nothing.

    2: From what I have or havnt found...I can only assume that WV is NOT a "Stop and Identify" state... Am I correct?

    If anyone could lead me to ALL of the WV State Laws about OC I would be extremely greatful.

    Also, I'm trying to apply for my CCW and they told me since I'm active duty that I could provide something from the Army that states I have been trained in Weapons Safety or provided a DD 214. First thing, a DD 214 is obtained after discharged from the Army and shows nothing about being trained in Weapons Safety. If a DD 214 is acceptable the why the hell isnt a Military ID and an ERB that says I have been deployed to a combat zone 3 times!? So, I have to ask my Company Commander to write a Memo stating that I'm trained in Weapons Safety.

  2. #2
    Regular Member carolina guy's Avatar
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    Might want to start here...

    Your state forum (as do quite a few others) has a pamphlet with relevant firearms laws:

    http://forum.opencarry.org/forums/sh...-Laws-Pamphlet
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  3. #3
    Regular Member twoskinsonemanns's Avatar
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    I'm mention several things without citing laws to back it up because I'm lazy and they can be found by browsing this forum

    Quote Originally Posted by armysgt2008 View Post
    I still find myself confused on what we can and cannot do. I'm not tryinig to beat a dead horse but I read this on WV's State Police Web Site.

    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?

    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.

    Two things:

    1: Isnt it against the law to conduct a search without warrent/ probable cause/ or allowing the police to search your person/home/or vehicle? The State Police Website said plain as day that, if we open carry we could be patted down!? But after looking through the West Virginia Legislature Website I found nothing.

    As incredible as it seems the courts have granted the police to perform (IMO) unconsituional "pat downs" for their protection once they have detained you. This applies in a vehicle especially because the courts have said they can make you leave exit vehicle for no reason. At home, or not in a vehicle is much different. The cops needs RAS to detain you, OCing of a firearm is not RAS. Also the cop can temporarily seize your firearm "for his safety". The other things about WV's terrible laws is the gaming side of it. Some ridiculous stuff like no OC in the woods outside hunting season. blah blah.

    2: From what I have or havnt found...I can only assume that WV is NOT a "Stop and Identify" state... Am I correct?

    Correct. However the courts have deemed you are guilty of obstruction if a cop asks your name and gives you a reason he is asking for it in regards to his official duties.
    If anyone could lead me to ALL of the WV State Laws about OC I would be extremely greatful.

    Also, I'm trying to apply for my CCW and they told me since I'm active duty that I could provide something from the Army that states I have been trained in Weapons Safety or provided a DD 214. First thing, a DD 214 is obtained after discharged from the Army and shows nothing about being trained in Weapons Safety. If a DD 214 is acceptable the why the hell isnt a Military ID and an ERB that says I have been deployed to a combat zone 3 times!? So, I have to ask my Company Commander to write a Memo stating that I'm trained in Weapons Safety.
    There is nothing in the law I can find that a DD 214 can be substituted for the cert of completion of a gun course.
    Having been in a combat zone does not meet the requirements either. A memo from you company commander also does not meet the requirement:

    (4) Any handgun training or safety course or class conducted by any branch of the United States Military,
    Reserve or National Guard.
    A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the
    instructor, school, club, organization or group that conducted or taught said course or class attesting to the
    successful completion of the course or class by the applicant or a copy of any document which shows
    successful completion of the course or class shall constitute evidence of qualification under this section.
    "I support the ban on assault weapons" - Donald Trump

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