I know WV honors my CPL, but I am not clear on the OC. It sounds as if I may OC but where and where not seem to be mixed. Please help I will be here for 4-5 days and would like to OC.
§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, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, 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;
§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.
The State has a legitimate police power interest in protecting its citizens from the dangers of transporting loaded firearms. Prohibiting the vehicular transportation of loaded firearms is the only manner in which citizens can be protected from the potential discharge of loaded firearms in vehicles.
As noted above, the only manner in which to protect individuals from the accidental discharge of loaded firearms transported in vehicles is to require all such weapons to be unloaded. Thus, we hold that the provisions of W. Va. Code 20-2-5(10) prohibiting the vehicular transportation of a loaded firearm do not violate the right to keep and bear arms for lawful hunting purposes enunciated in W. Va. Constitution Article III, Section 22.
The National Rifle Association of America [NRA] recognizes the dangers involved in transporting a loaded firearm in a vehicle and specifically recommends against this practice. See, e.g., NRA Hunter Services Division, National Rifle Association of America, Firearm Safety and the Hunter (n.d.) (cautioning "[w]hen a gun is being carried in a vehicle . . . follow these rules of safe gun handling: e sure the gun is unloaded"; also advising hunters to "[a]lways unload your gun before entering your vehicle").
My same response from a different thread on the same general topic:Open carry in a vehicle is legal in WV. Please refer to the State Police Website FAQ.
[font="Arial,Helvetica"]Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia? [/font]
[font="Arial,Helvetica"]A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.
This is fact.
Now some grey areas and my opinion. If you are stopped by DNR and your handgun has a long barrel and or a scope then you will have to explain to DNR how that firearm is intended for the "purpose of self defense only" and not shooting deer from your vehicle. My opinion...don't carry a handgun that may be interpreted as to be used for hunting.
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From my experiences around Beckley I would have to agree with you. I open carry many times while riding the bike into town and have never had a issue with either the city police or sheriff department. My 1911 IS VERY visible and many a LEO in their patrol car has seen it and not even given it a second glance.I personally have never seen local or state police enforce DNR regs without assistance from DNR.
If 'Joe Smith' was pulled over for a traffic citation and had an unconcealed handgun and was 'harrassed' by the police I would think he would have a strong case, especially since you could simply refer them to common information quoted by the State Police. I agree with you that there, according to case law,seems to be a general contradiction between DNR regs and what is posted by the state police. In my area they seem to be on two different pages. Local and state police do not mess with DNR related issues without immediate assistance from DNR and vice versa. Again this is why i believe the distinction is made between 'hunting' and 'self defense purposes'. I personally have carried openly in my car for over 15 years, of course I have been pulled over less than a handful of times and my openly carried firearm was never noticed, nor did I volunteer that I had a firearm, nor did they ask.
HOWEVER, all of this whether case law or not can go out the window and turn into a he said/she said situation if you get the wrong officer.
I was actually pulled over awhile back going through a light that had turned yellow but not red yet. The officer said when you went through that red light.....I said whoa, whoa, you mean yellow light. Then he says well it turned red after you went through it.:shock: Needless to say he was just 'looking' for a reason to pull people over.
Open carry in a vehicle is legal in WV. Please refer to the State Police Website FAQ.
[font="Arial,Helvetica"]Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia? [/font]
[font="Arial,Helvetica"]A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.
This is fact.
Now some grey areas and my opinion. If you are stopped by DNR and your handgun has a long barrel and or a scope then you will have to explain to DNR how that firearm is intended for the "purpose of self defense only" and not shooting deer from your vehicle. My opinion...don't carry a handgun that may be interpreted as to be used for hunting.
right here is the answer . as long as you have a permit . and if you are from out of state make sure wv has a reciprocating agreement with the state that issued your permit. you are legal to have a weapon in your car loaded and it is legal
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The bolded section is not correct.i did and wv law states that if you have a weapon in the car. transporting it. you have to have a permit. because in a car its considered concealed. you need a permit to conceal a weapon. as long as you have a permit you are well with in your right to have it in your car loaded and by your side. there is nothing any police office can do about it. that permit is your life line. if a cop tell you any different then tell him you want a sr office to respond because clearly he doesn't have a clue.
In PA it is called a License to Carry Firearms (LTCF). It is required to conceal carry, open carry in Cities of the First Class (philideplhia), carry in a vehicle (with a few very limited exceptions) and to carry during a declared state of emergency.you need a permit to have a loaded weapon in a car. open or concealed. you can not transport a pistol in a car with out a permit. its call a LTCP or carriers permit in pa. im not sure but i think that's like that every where. with out a permit you shouldn't have a pistol in you car.
trust me if you don't have a permit good for wv. then don't have your pistol in your car