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Thread: Crossing West Virginny - what are the OC prohibited places?

  1. #1
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    Crossing West Virginny - what are the OC prohibited places?

    Hello,

    I was wondering if any West Virginians could help point out places where Open Carry of a loaded, holstered handgun is prohibited/restricted?

    I am considering riding from VA along Route 64 to cross to KY.

    All I've heard so far is that Charleston prohibits OC - (Might they give me trouble if I am passing through while OC'ing but don't stop there?)

    and also that there are places that had carry prohibitions in effect when the firearm preemption went in to effect and that those prohibitions still stand.

    Any advice would be kindly appreciated.

    (Not meaning open carry as in handgun sitting on the dashboard)
    Last edited by DanNabis; 06-20-2014 at 07:24 PM. Reason: removed my last edit.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Indeed Charleston does not allow OC. Local ordinances were grandfathered when preemption was passed.
    http://www.opencarry.org/?page_id=314

    There is a handy reference guide to West Virginia:
    http://forum.opencarry.org/forums/sh...-Laws-Pamphlet
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
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    Thank you kindly!

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    So basicly it seems that you are OK to OC in most of WV except Charleston, South Charleston, Martinsburg and Dunbar.

    So I should make sure not to fuel up in these locations if I desire to not disarm.

    I take it it is acceptable nearly everywhere else.
    Last edited by DanNabis; 06-20-2014 at 07:25 PM.

  5. #5
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    A preemption bill was signed last session. I believe those grandfathered bans no longer can be enforced legally.

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    There is a state-wide restriction against Open Carrying a loaded firearm in a vehicle. Depending on the date and time of day it may be required to be cased. Magazines must also be unloaded.

    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, 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;


    If you have a loaded firearm in the vehicle two conditions have to be met, you MUST have a concealed handgun licence AND you MUST carry it in a concealed manner.

    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.

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    Quote Originally Posted by DanNabis View Post
    So basicly it seems that you are OK to OC in most of WV except Charleston, South Charleston, Martinsburg and Dunbar.

    So I should make sure not to fuel up in these locations if I desire to not disarm.

    I take it it is acceptable nearly everywhere else.
    Curious as to why you mentioned Martinsburg. My husband and I have OC'd there multiple times in the last few years when we travel without issue.

  8. #8
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    Quote Originally Posted by PistolPackingMomma View Post
    Curious as to why you mentioned Martinsburg. My husband and I have OC'd there multiple times in the last few years when we travel without issue.
    Martinsburg has a law on the books that makes it illegal to carry a firearm (CC or OC) into a building owned by the city. The City of Martinsburg owns several buildings downtown (and other places I'm sure) and leases them out. The easiest example is Habanero Mexican Grill (http://www.habaneromexicangrill.com/). The building is owned by the city and leased to the business. Therefore, the City of Martinsburg tried to use its position as a property owner to ban firearms in their buildings.

    However, with the passage of SB317 (http://www.legis.state.wv.us/bill_st...stype=RS&i=317) last legislative session, these local ordinances are null and void.

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