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Thread: Green Card Holder and Vehicle OC?

  1. #1
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    Green Card Holder and Vehicle OC?

    Hi all.

    My family and I will be passing through West Virginia on Christmas Day. Unfortunately, my wife and I won't have our Michigan concealed carry licenses finalized in time for the trip. So that leaves vehicle open carry as our only self-defense option, as best as I can tell.

    My wife is a legal resident alien and she may be present in the vehicle in control of our family sidearm when I have to step out of the vehicle (i.e. pump gas, use the lavatory, run into a store, etc.).

    Some states either do not allow non-U.S. citizens to possess firearms or have separate rules. Are there any legal pitfalls we should watch out for?

    Finally, in the event of law enforcement contact, how should we handle the situation? Are we required to inform or are we better off staying silent, etc. I am not sure how accepted open carry is in your good state as I don't frequent the West Virginia forum.

    A big thanks!
    Last edited by OC4me; 12-17-2013 at 03:51 PM.

  2. #2
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    WV is pretty OC friendly. However, OC in a vehicle is illegal without a valid CC permit. Most LEO's will not enforce that law as it it listed in our Hunting regs. We are not a must notify state. The West Virginia Citizens Defense League is working on getting the game laws in line with carry laws. But until then when you come through WV without a CC permit. Unload your firearm and store the firearm and ammo separate. There is some good info on the WVCDL FB page on this subject. Being from out of state and OC'ing in your vehicle may get you a little more attention from a LEO. OC is fine outside your vehicle but stopping somewhere, getting a firearm out loading it and walking into get gas. Well you know how that may look. If a MWG call comes into 911 you will get a visit from a LEO.
    Last edited by eamelhorn; 12-22-2013 at 06:58 AM.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

  3. #3
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    OC4me... you do realize that open carry in a vehicle without a CPL in MI (your home state) is against MI law don't you?

  4. #4
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    Quote Originally Posted by Leader View Post
    OC4me... you do realize that open carry in a vehicle without a CPL in MI (your home state) is against MI law don't you?
    We'll be following local law in each state as we pass through, but thanks anyway!

    We were going to vehicle OC through W. Virginia but now it looks like we can't due to those arcane hunting laws. Hope you guys get that fixed someday soon.

  5. #5
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    There is a WV AG opinion out there stating open carry is legal in vehicles; we are tracking open carry in vehicles as legal in WV, thus the Gold Star status. This is not legal advice however, and if you feel like locking your guns up in your trunk while you drive, that's fine too.

  6. #6
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    Quote Originally Posted by Mike View Post
    There is a WV AG opinion out there stating open carry is legal in vehicles; we are tracking open carry in vehicles as legal in WV, thus the Gold Star status. This is not legal advice however, and if you feel like locking your guns up in your trunk while you drive, that's fine too.
    The last WV AG left the WV State Police to decide what they felt the laws meant. We have a new AG, he is very pro-2ndA and a member of the WVCDL. He has issued a new firearm laws hand book. It is much more accurate and does not make assumptions about the laws. His name is Patrick Morriessy. Google him with his name as the WVAG you should be able to find it.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

  7. #7
    Regular Member
    Join Date
    Jan 2012
    Location
    ripley wv
    Posts
    144
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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