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Thread: In what cities and towns can I legally Open Carry?

  1. #1
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    In what cities and towns can I legally Open Carry?

    I live in Saint Albans WV. I been looking all over the internet for the laws for each city in Kanawha county. So what cities in Kanawha county can we legally open carry, and what cities can we not open carry? And also same with Boone County?

    thanks for all the help

  2. #2
    Regular Member Fuller Malarkey's Avatar
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    When I'm in Boone County, I carry in my hand. Some places, one in each hand.

    'Specially when I gotta go to a fambily member's bond hearing. Or when one gits out of Denmar Correctional or Mount Olive Correctional.

    We's a close fambily




    Heeeyaw.
    Liberty is so strongly a part of human nature that it can be treated as a no-lose argument position.
    ~Citizen

    From the cop’s perspective, the expression “law-abiding citizen” is a functional synonym for “Properly obedient slave".

    "People are not born being "anti-cop" and believing we live in a police state. That is a result of experience."

  3. #3
    Regular Member Fuller Malarkey's Avatar
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    A wealth of info about carrying in WV here:

    http://www.wvcdl.org/

    The Gospel, according to Saint Darrell V. McGraw, Jr. Attorney General of West Virginia


    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf


    West Virginia is a traditional open carry state but there are some grandfathered local open carry bans not preempted by state law, such as the City of Charleston. There is complete state preemption of all firearms laws, but any local laws passed before preemption remain in effect.

    Places Off-Limits Even With A Permit/License
    §61-7-11a.
     Court Houses.
     Family Law Masters Office.
     Magistrates Office.
     Primary and Secondary School Property including School buses.
     Any facility that is being used for a Primary or Secondary School Function while that function is
    going on.
     Vocational Education Building
     Any where a sign is posted saying no Firearms Allowed. The signs do not have to be of any set size
    or design.
     Regional jails, detention facilities or State Division of Corrections facilities and their grounds.
     Any property where firearms are prohibited by the owner or operator.
     Law Enforcement Offices or Stations.

    §61-6-19. WV Capitol Building and Grounds.
    (b) It is unlawful for any person to bring upon the state capitol complex any weapon as defined by the
    provisions of section two, article seven of this chapter.

    Charleston WV Local Ordinance. (This ordinance was grandfathered when WV passed their Carry
    Laws.)
    Sec. 78-165. Carrying weapons upon municipal public property. It shall be unlawful for any person to carry
    on or about his person any revolver or pistol, dirk, bowie knife, slingshot, razor, billy, metallic or other
    false knuckles, or other dangerous or deadly weapon of like kind or character in or upon city hall, municipal
    auditorium, the civic center, and all parks and recreation buildings ad facilities, including recreation centers,
    playgrounds, swimming pools, dressing areas, tennis courts, parks and recreation areas and all other buildings, structures, facilities, and grounds thereof, owned or occupied by the City of Charleston; however,
    the provisions of this section shall not apply to city, county, sate and federal law enforcement officers and to
    exhibitors and performers at city-sanctioned events who obtain advance written authorization from the chief
    of police. (Ord. No. 4941, 4-19-1993; Bill No. 7103, 12-6-2004)

    Dunbar WV Local Ordinance (This ordinance was grandfathered when WV passed their Carry
    Laws.)
    545.13 Weapons at Municipal Buildings and Parks (Ordinances no longer online)
    (a) It shall be unlawful for any person armed with a firearm or other dangerous weapon, including those
    which have been licensed but excepting those lawfully issued to members of a Federal, State, County or
    Municipal Law Enforcement Department to carry, brandish, or holster such weapon at Dunbar City Hall.
    (b) It shall be unlawful for any person armed with a firearm or other dangerous weapon including those
    which have been licensed but excepting those lawfully issued to members of a Federal, State, County or
    Municipal Law Enforcement Department to carry, brandish, holster or store such weapon at any City
    municipal building or any City owned park.
    (c) A sign shall be posted at Dunbar City Hall and other municipal buildings and parks which shall read as
    follows:
    Notice
    All Persons Entering This Building Are Subject To Search:
    Any And All Weapons Or Contraband Will Be Confiscated With The Potential Of Criminal Prosecution.
    - Weapons Subject To Confiscation -
    Revolvers, Pistols, Rifles, Shotguns, Dirk, Blackjack, Knife (Except Those Knives Being Utilized As A
    Utensil At A Picnic Or Party, Or Those Knives Used As An Work Instrument By Employees Or
    Contractors), Sling Shot, Razor, Billy, Metallic Or False Knuckles, Tear Gas, Or Other Deadly Weapon Of
    Like Character Or Any Facsimile Thereof That Is Intended Or Readily Adaptable For Use Which May
    Produce Death Or Serious Bodily Harm.
    (d) Whoever violates this section shall, for a first offense, be guilty of a misdemeanor.
    (e) If any portion of this section is found to be unconstitutional or unlawful for any reason those portions
    which are not deemed unconstitutional or unlawful shall be severed and shall retain their full force and
    meaning. (Ord. 566. Passed 9-3-96.)
    South Charleston, WV Local Ordinance (This ordinance was grandfathered when WV passed their
    Carry Laws.)
    545.15 Possession of Weapon Prohibited on City Property.
    No person other than an authorized law enforcement official shall bring into or have in his possession in
    any City-owned building, park or recreation area, any revolver, pistol, dirk, bowie knife, razor, gunshot, www.handgunlaw.us 4
    billy, metallic or other false knuckles, or any other dangerous or deadly weapon of like kind or character.
    (Ord. 1867. Passed 11-3-94.)


    State Preemption

    §8-12-5a. Limitations Upon Municipalities' Power to Restrict The Purchase, Possession, Transfer,
    Ownership, Carrying, Transport, Sale and Storage of Certain Weapons and Ammunition.
    The provisions of section five of this article notwithstanding, neither a municipality nor the governing body
    of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport,
    sell or store any revolver, pistol, rifle or shotgun 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.
    Nothing herein shall in any way impair the authority of any municipality, or the governing body thereof, to
    enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the
    provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution:
    Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted
    from the provisions of this section: Provided, however, That no provision in this section may be construed to
    limit the authority of a municipality to restrict the commercial use of real estate in designated areas through
    planning or zoning ordinances.
    Liberty is so strongly a part of human nature that it can be treated as a no-lose argument position.
    ~Citizen

    From the cop’s perspective, the expression “law-abiding citizen” is a functional synonym for “Properly obedient slave".

    "People are not born being "anti-cop" and believing we live in a police state. That is a result of experience."

  4. #4
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    thanks for the help, and the links. this helps a lot. I know what you mean about Boone county too lol. I grew up there.

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