Need Advice on WV Northern Panhandle Open Carry Question's

I am trying to digest the law as fast as i can before i actually begin "open carrying" a weapon.

1. Carrying Questions

Can a person OC in a automobile? On persons or not on persons in plain view?
Can a law enforcement officer require ID after you have informed him you are only carrying for self defense and you have not committed any crime or violation?

1. ROE - Use of force Questions

If another person(assaulter) clearly reaches for a weapon and directs the weapon at me, may i legally disable him by firing a shot before his weapon is pointed at me?
If a person is unarmed but i feel threatened by the person due to size, anger, and rage and he continues to approach me regardless of my warning or show of force , may i shoot the ding a ling in his foot to get his attention? [i would rather not get into a hand to hand fight with my weapon in hand especially if i think i will loose]

Answers in Blue.

SR.NCO.MIL.SFC.STAR.RET said:

I am trying to digest the law as fast as i can before i actually begin "open carrying" a weapon.

1. Carrying Questions

Can a person OC in a automobile? On persons or not on persons in plain view?
Can a law enforcement officer require ID after you have informed him you are only carrying for self defense and you have not committed any crime or violation?

I'll take a shot at helping. State laws involving firearms do not prohibit OCing in a vehicle. HOWEVER, there are some convoluted WV DNR laws that leave me with the impression that you are endanger of being engaged in unlawful activity if you OC in a vehicle without a CPRL (Concealed Pistol/Revolver License).

Quote from http://www.wvdnr.gov/hunting/laws.shtm
It is illegal to:
Have a loaded firearm or a firearm with an attached magazine from which all shells have not been removed in or on any vehicle or land conveyance or its attachments. You can have a loaded clip or magazine in the vehicle as long as it is not in or attached to the firearm, except for concealed weapons permit holders.

1. ROE - Use of force Questions

If another person(assaulter) clearly reaches for a weapon and directs the weapon at me, may i legally disable him by firing a shot before his weapon is pointed at me?
If a person is unarmed but i feel threatened by the person due to size, anger, and rage and he continues to approach me regardless of my warning or show of force , may i shoot the ding a ling in his foot to get his attention? [i would rather not get into a hand to hand fight with my weapon in hand especially if i think i will loose]

Use of force:

Here is the WV Statue of self defense referred to as the "castle doctrine"
http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=55&art=7&section=22

It does not go into specifics as far as the offender (bad guy) being armed, or if armed where he is pointing the firearm. Is says:

"if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary."
It's the same outside the home...

But when I advise my family members about the use of force it is pretty much common sense, if you feel like a person is trying to kill you, you try to kill them right back.

there are just too many factors to cover for it to be spelled out...

IMHO if you are defending a shooting and start talking about "I was feeling threatened and decided to try and shoot the guy in the foot to keep him from starting something" you will probably go to jail.
You should not be shooting someone unless you feel like they are going to kill/seriously injure you and they only way to stop them is to kill them....
My 2 cents. I'm not a lawyer.

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SR.NCO.MIL.SFC.STAR.RET said:

Can a law enforcement officer require ID after you have informed him you are only carrying for self defense and you have not committed any crime or violation?

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One more post about required ID.

First off there is no WV law requiring you to inform to LEO that you have a firearm. There are opinions both ways but if you tell them you are inviting trouble IMHO.

Basically the answer is if your pulled over while driving the assumption is the cop has probable cause to issue you a summons and can seize your license to check your warrant status and issue you a summons. He can also seize your firearm if you tell him you have one.
ETA: Seize the firearm temporarily for "his safety" wherein he will most likely "run" the serial number to see if he can arrest you for something related to it.

If your not driving (or engaged in activity requiring your license) the cop has to have a reasonable supspicion that your are committing a crime to detain you at all.
In order for you to be required to ID yourself to him he has to tell you why he requires you ID. See the supreme court of appeals quote as follows:

(STATE v. SRNSKY http://caselaw.findlaw.com/wv-suprem...s/1482046.html)
"Consequently, we hold that refusal to identify oneself to a law enforcement officer does not, standing alone, form the basis for a charge of obstructing a law enforcement officer in performing official duties.   However, the charge of obstructing an officer may be substantiated when a citizen does not supply identification when required to do so by express statutory direction or when the refusal occurs after a law enforcement officer has communicated the reason why the citizen's name is being sought in relation to the officer's official duties."

twoskinsonemanns said:

One more post about required ID.

1: Basically the answer is if your pulled over while driving the assumption is the cop has probable cause to issue you a summons and can seize your license to check your warrant status and issue you a summons. He can also seize your firearm if you tell him you have one.


2: If your not driving (or engaged in activity requiring your license) the cop has to have a reasonable supspicion that your are committing a crime to detain you at all.
In order for you to be required to ID yourself to him he has to tell you why he requires you ID. See the supreme court of appeals quote as follows:

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Clarification requested

Question 1: What about illegal "sobriety checkpoints", and or if the officer is pulling me over for, say maybe, a headlight out. The second would be a situation where I was not committing a moving violation, does this still apply?

Question 2: Lets say I am walking down the street and an officer approaches me and asks for ID, I can refuse? However, after refusing, he informs me that there were reports of shots fired, and that I match the description of someone seen fleeing the general area... would that be enough of a reason to force me to ID myself or be in danger of "hindering him in the performance of his duties"? Just kind of wondering where the line is drawn, otherwise, a cop could give any reason and I would then be forced to comply.

SR.NCO.MIL.SFC.STAR.RET said:

I am trying to digest the law as fast as i can before i actually begin "open carrying" a weapon.

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Do NOT be in a hurry ...

Go about this in a methodical manner. Ask ... Question ... and ask again. The answers, the correct answers will arrive soon enough and many probably right from this particular web site.

Also keep in mind, you are a veteran and the odds are what you learned in the Army with respect to weapons, while perhaps rusty at this point, it'll all come back soon enough.

... just don't be in a hurry. Haste makes waste. Slow and easy does it. Pace yourself.

tyc