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Thread: WV OC Rules?

  1. #1
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    WV OC Rules?

    I have been looking for exact sources, if in existence, that prohibit OC with a loaded clip and a round in the tube.

    Seems to be a topic that a friend of mine and myself can not agree on.

    If anyone can cite a source that specifically prohibits OC with a round in the chamber, i would appreciate a link.

    Thank you in advance.

    Cheers

  2. #2
    Campaign Veteran ATM's Avatar
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    Rather than attempting to exhaustively prove that such a prohibition does not, in fact, exist, why not just challenge the person suggesting this to provide some reference to the claimed statute?

    That would be relatively easy to do... if it existed.

  3. #3
    Regular Member twoskinsonemanns's Avatar
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    There is no such rule in WV. The limitation regarding loaded firearms is having a load firearm in a vehicle. DNR regulations make having a loaded firearm in a vehicle in WV a illegal unless you have a CC permit.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    Quote Originally Posted by ATM View Post
    Rather than attempting to exhaustively prove that such a prohibition does not, in fact, exist, why not just challenge the person suggesting this to provide some reference to the claimed statute?

    That would be relatively easy to do... if it existed.
    That was the first thing i tried, but him being much more unreasonable than myself, that argument bears no weight (apparently).

    As for carrying in your car... 1: can you cite the source? 2: What is the definition of "loaded"? meaning, do i just have to remove the clip and round from the chamber, but the loaded clip can still be in the car with me? or does the removed ammo need to be stored in a separate area of the care, for example the gun in glove box and ammo in trunk?

  5. #5
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by 81 emt4life View Post
    That was the first thing i tried, but him being much more unreasonable than myself, that argument bears no weight (apparently).

    As for carrying in your car... 1: can you cite the source? 2: What is the definition of "loaded"? meaning, do i just have to remove the clip and round from the chamber, but the loaded clip can still be in the car with me? or does the removed ammo need to be stored in a separate area of the care, for example the gun in glove box and ammo in trunk?

    This site is where the loaded gun in a vehicle is mentioned.....rule#4
    http://www.wvdnr.gov/hunting/laws.shtm

    Also I would suggest reading back through some of the recent threads. Here's a good one.
    http://forum.opencarry.org/forums/sh...D-and-Vehicles
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

  6. #6
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    The section of "Hunting Code" twoskinsonemanns is reffering to is WV Code Chapter 20-2-5 paragraph 9, which states:

    (9) Have in his or her possession a crossbow with a nocked bolt, a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, may be so carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;

    This creates a gray area between the WV DNR and the WV State Police with regards to open carry in a vehicle. You can see the discrepancy for yourself by visiting both agency's websites. The WVCDL has tried to address this discrepancy several times in the legislature without any success YET.

    WV Code Chapter 61-7-2 paragraph 10 provides the definition of concealed which states:

    (10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For purposes of concealed handgun licensees, a licensee shall be deemed to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.

    Hope this helps.

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