I have spoken with the Attorney General's office. The AG's office states that they've been placed in a precarious position by the West Virginia State Police. The AG's office had no response regarding whether or not there is any statutory prevention of open carry by non-residents. However, what they have stated is that the State Police both interprets, and enforces the law in that manner. As such, the AG's office made a judgment call on best intentions. They stated that since the WV State Police interpret the law that way, they did not want to issue a nation-wide green-light to open carry in West Virginia, only to have some poor guy acting on their information arrested by a state trooper who didn't get the memo.
And I can kind of see why this, while not necessarily technically correct, may be a wise thing to do. Because of our sporting code spaghetti, anyone who is open-carrying in the woods or in in a vehicle (without a permit) could be charged in violation of hunting law. An out-of-state resident could easily come to the conclusion that "open carry means open carry" and drive around our state open-carrying. Or alternately, go hiking around the woods open carrying. And they would almost certainly find themselves arrested for the practice.
So now my charge is to see if I can find out what statute the WVSP is interpreting to prohibit open carry to non-residents, as the AG's office was completely unaware of any actual cases which support the WVSP's position.
So perhaps we need to solicit information from our friends over at PAFOA. If any of them have actually been arrested by the West Virginia State Police or other LE organizations for open carry in WV, we need that information. We need to know what statute was cited in the arrest, because I'll be damned if I can find any prohibition or restriction based on state of residency within our state code.
Feel free to copy/paste this over on the PAFOA forums.
-- Keith
Edit: I have a call in to Colonel Pack's (WVSP Superintendent) office regarding this issue. I'll update as more information becomes available.