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Thread: open carry WV

  1. #1
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    open carry WV

    Any of you open carry in WV? Ever have any problems with the police? The reason I ask is I was helping a friend with his concealed permit and came across the following:


    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is
    deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s
    interpretation of “open carry” is that the handgun must be visible from three sides.

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

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    Quote Originally Posted by cyras21 View Post
    Any of you open carry in WV? Ever have any problems with the police? The reason I ask is I was helping a friend with his concealed permit and came across the following:


    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is
    deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s
    interpretation of “open carry” is that the handgun must be visible from three sides.

    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
    I've OCed in WV nearly every time I've been there in the past 2 years. The only exception is within the city of Charleston. Over the past 2 years I'd guess I've probably spent 10 days or so there, so my opportunity hasn't been vast, but it's something. I've never had the first problem.

  3. #3
    Regular Member twoskinsonemanns's Avatar
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    I'm not a VA resident, but I would like to say that there is no law stating that you have to be a WV resident to OC in WV.
    Also there is no WV law or case law that I know of that determines a gun has to be seen from 3 sides. That is a myth. I know you said that is was "law enforcement's interpretation" but it is wrong.
    I've never been hassled by cops, and my very good friend who is a WV State Trooper says he doesn't know any cops that have a problem with OCing.

    Of course a man was just arrested as a terrorist for running around with a bb gun so YMMV
    Last edited by twoskinsonemanns; 08-24-2012 at 04:13 PM.
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    I'm not a VA resident, but I would like to say that there is no law stating that you have to be a WV resident to OC in WV.
    Also there is no WV law or case law that I know of that determines a gun has to be seen from 3 sides. That is a myth. I know you said that is was "law enforcement's interpretation" but it is wrong.
    I've never been hassled by cops, and my very good friend who is a WV State Trooper says he doesn't know any cops that have a problem with OCing.

    Of course a man was just arrested as a terrorist for running around with a bb gun so YMMV

    Boy....you have no idea how tempting it is to play Tanner with that and say:

    "But I need to see a law that says it isn't a law:

    Everyone is a terrorist....I'm a terrorist but I drowned (Sorry, more private humor)
    Last edited by peter nap; 08-24-2012 at 04:19 PM.

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    Regular Member Tanner's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    I'm not a VA resident, but I would like to say that there is no law stating that you have to be a WV resident to OC in WV.
    Also there is no WV law or case law that I know of that determines a gun has to be seen from 3 sides. That is a myth. I know you said that is was "law enforcement's interpretation" but it is wrong.
    I've never been hassled by cops, and my very good friend who is a WV State Trooper says he doesn't know any cops that have a problem with OCing.

    Of course a man was just arrested as a terrorist for running around with a bb gun so YMMV
    Quote Originally Posted by peter nap View Post
    Boy....you have no idea how tempting it is to play Tanner with that and say:

    "But I need to see a law that says it isn't a law:

    Everyone is a terrorist....I'm a terrorist but I drowned (Sorry, more private humor)



    Ok ill take that one.
    But peter were you the one arrested for carrying a BB gun? After all I would understand the confusion. Since you carried that little baby gun!

    I think I win this round!

  6. #6
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Tanner View Post
    Ok ill take that one.
    But peter were you the one arrested for carrying a BB gun? After all I would understand the confusion. Since you carried that little baby gun!

    I think I win this round!


    And no, I drowned leaving my camera bag with my Taser and 1911 in it

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    not sure why this was moved to the WV section since it pertains to out of staters traveling to WV. Was hoping for those of in VA close to the border responding.

  8. #8
    Regular Member Dreamer's Avatar
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    I grew up in WV, but didn't start routinely carrying until I lived in VA and NC.

    I have OCed in WV many times in the last 5 or 6 years--while I was a resident of MD and NC. I have never even been approached by an LEO.

    I have OCed in Martinsburg, Charlestown, Harpers Ferry, Berkeley Springs and Shepherdstown. Wheeling, Elm Grove, Moundsville, New Martinsville, Paden City and Sistersville. Morgantown, Beckley and Bluefield.

    And never once have I been hassled, detained, stopped, or even approached by an LEO.

    YMMV, however...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    WV laws

    being a volunteer fire fighter and a regular fisher/off roader you all have got me wanting to do this OC here in wv. I just spent the time looking and reading many of the stories and well i think im gunna give it a shot exspecially on brush fires lol wish me luck boys...lets see what the cops round here think lolz.

  10. #10
    Regular Member Sig229's Avatar
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    Quote Originally Posted by Chewyfool View Post
    being a volunteer fire fighter and a regular fisher/off roader you all have got me wanting to do this OC here in wv. I just spent the time looking and reading many of the stories and well i think im gunna give it a shot exspecially on brush fires lol wish me luck boys...lets see what the cops round here think lolz.
    You should be okay.

    I would worry about my sidearm getting too hot walking around brush fires though.
    When I was out in Wyoming I was helping with a forest fire once near Laramie and my god, it was like hell on earth!
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

  11. #11
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Chewyfool View Post
    being a volunteer fire fighter and a regular fisher/off roader you all have got me wanting to do this OC here in wv. I just spent the time looking and reading many of the stories and well i think im gunna give it a shot exspecially on brush fires lol wish me luck boys...lets see what the cops round here think lolz.

    The only thing you want to check is the laws when you are fishing, or if you are off-raoding during hunting season (or out of season). You need to check the Fish and Wildlife codes, NOT the criminal codes.

    WV's Department of Natural Resources has it's own set of laws regarding carry in the woods and on lakes, streams and rivers, and most of them are in direct violation of the WV Constitution, and are a violation of WV's State Preemption laws. But that doesn't stop them from issuing citations, arresting people, and confiscating their firearms, and unfortunately, the courts have traditionally ruled on the side of the DNR.

    OC in town is one thing. OC in the woods, or on a creek bank is another thing altogether in WV...
    Last edited by Dreamer; 09-29-2012 at 07:26 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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