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Thread: New to OC

  1. #1
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    New to OC

    Hi guys. I'm turning 18 in 2 weeks and im aware that in WV You can be 18 and open carry. as a huge supporter of gun rights and a regular shooter its definitely an opportunity im going to take. Ive been researching for a good 2 months now on everything i can find. but im also curious of any tips or suggestions anyone can give me. Maybe the best way to act when approached by an LEO, or perhaps some clarification on OC in a vehicle. anything will help guys. thanks.
    Last edited by K0W; 02-08-2014 at 04:55 PM.

  2. #2
    Regular Member Fuller Malarkey's Avatar
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    Hi. Welcome to the forum. This might help you

    http://www.wvago.gov/pdf/gunrecep/We...ry%202013).pdf

    http://carsontech.webs.com/Gun%20Law...%208-23-12.pdf

    A lot of it pertains to concealed carry. Take what fits.

    http://www.handgunlaw.us/states/westvirginia.pdf
    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
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    OC in a vehicle is one of those grey area's of WV law. Game Reg's can kick in. Don't forget Game Reg's are not separate from state law. THEY ARE STATE LAW. Go to the WVAG office web page, he has an updated un laws booklet. You can read it on line. Our former AG's booklet was almost useless.
    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

  4. #4
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    Until and unless you get your concealed pistol/revolver licence you may not carry, in any fashion, in a vehicle or conveyance. My interpretation of "conveyance" is pretty much anything that moves, be it a motorcycle, horse, cart, lawn mower, boat, etc.

    §20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
    Except as authorized by the director, it is unlawful at any time for any person to:
    (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,


    And then, when you get your concealed licence, you can ONLY carry a handgun in a concealed manner while in or on a motor vehicle.

    §20-2-6a. Carrying a concealed handgun.
    (a) Notwithstanding any provision of this code to the contrary, a person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law may carry a handgun in a concealed manner for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.
    (b) The provisions of this section shall not exempt any person from obtaining any hunting or fishing license or stamp required by the division of natural resources.


    And before the "But these are in the DNR regs ..." comments start ... The entirety of the WV code is enforceable by ANY law enforcement officer. Did you happen to piss off the local deputy sheriff when you guys were in high school? Steal his girlfriend? Knock his sister up? Yes, 9 times out of 10 a LEO may not care, or not know that you are in violation of the law, but if you run into that one guy who is having a bad day, or is going through a divorce, or is just simply an ******* ... are you willing to take that risk?

    Very simply, 20-2-5 prohibits carrying a loaded gun in a vehicle. 20-2-6a ONLY allows you to carry a gun in a vehicle in a concealed manner.

    And in the interest of being comprehensive, the definition of "concealed" is:

    §61-7-2. Definitions.
    As used in this article, unless the context otherwise requires:.
    (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.


    Complete 20-2-5 can be found here: http://www.legis.state.wv.us/WVCODE/...2&section=5#02

    Complete 20-2-6a can be found here: http://www.legis.state.wv.us/WVCODE/...&section=6A#02

    Complete 61-7-2 can be found here: http://www.legis.state.wv.us/WVCODE/...7&section=2#07

    I'm not a lawyer, and I did not stay in a Holiday Inn Express last night. I might very well be 100% wrong in what I just posted. BUT ... I can read. The words in the code relating to this, are pretty clear to me. I'll even admit that these are indeed found in the DNR regs, and the probability of another LEO knowing it are slim. However, for me, I'm not willing to take that chance. If you are, you do so knowing the potential risk you take.

    With that being said, Happy Birthday! Mine is in about 2 weeks also (March 6th). Welcome to adulthood, it just goes down hill from here
    Last edited by Shallnotbeinfringed; 02-21-2014 at 07:15 PM.

  5. #5
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    I recently moved to WV. Moving from NY I had a lot of questions, having never lived in a state without a Gestapo running it. I joined the West Virginia citizens defense league. A lot of good people and resources there that've answered a lot of my questions. Happy birthday!

  6. #6
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    I read through the West Virginia Firearm Laws handbook several times and the laws applying to open carry in a vehicle were still unclear to me. After doing much research online and seeing that many people were giving different opinions on open carry in a vehicle I decided to contact my local Sheriff to ask what exactly the laws were. He told me there are no "hard and fast" laws against open carrying a firearm in your vehicle for self defense purposes but since he wasn't 100% sure he said I should call the WV DNR to clarify.

    I called the WV DNR Law Enforcement office and was told as long as the firearm is for personal protection (he stressed that it being for personal protection was important) that it could be open carried in a vehicle on or about your person while loaded. It needs to remain in plain view but it can be worn on the hip, in the front seat, in the back seat, etc. This doesn't apply to firearms used for hunting.

    Here is the link for their contact page: http://www.wvdnr.gov/contact.shtm

    I advise giving them a call so you can hear this information directly from them before open carrying in a vehicle. It took less than a minute to get connected to an officer and he was extremely friendly and informative. I also think it would be nice to post what they tell you here so we can clear this up for the countless other West Virginians out there wanting confirmation on the laws regarding open carry in a vehicle.
    Last edited by RolandDeschain; 06-15-2014 at 08:30 AM.

  7. #7
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    OCing in a vehicle without a CC permit is still a legal minefield. If you spend any time on this site you'll learn that law enforcement are not always the best source for legal advice.

    http://www.legis.state.wv.us/WVCODE/...2&section=5#02

  8. #8
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    From the West Virginia Firearm Laws PDF:
    "The West Virginia State Police recognizes that any person who may lawfully possess a handgun may carry an unconcealed handgun. However, they strongly recommend that if one does not have a concealed handgun permit, all weapons transported in a motor vehicle should be unloaded with the ammunition stored separately. For more information, please refer to:
    http://www.statepolice.wv.gov/about/Pages/LegalDivisionFAQs.aspx."


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