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Thread: OC with CCW in WV

  1. #1
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    Does anyone have the real story on OC when one holds a CCW in WV? I've been here 3 years, been carrying concelaed almost all the time, and would like to not have to worry about whether someone can see my pistola, particularly during warm weather.

    I was at McDonalds in Hinton this past summer. My gun had slipped out from under my shirt. This stranger steps up to me and very indiscreetly asked whether I am a sworn LEO. I said no. He then asked whether I had a CCW. I said yes. He then asked whether I understood the concept of "concealment". Though I was tempted to tell him where he could jump off, I figured it was not worth the potential hassle of getting myself arrested on some silly technicality.

    So, local ordinances aside, is it illegal to OC if you have a CCW as I have been told by more than one person here? I really enjoy OC but am in no humor to end up in the hoosegow on felony charges. Life holds enough trouble without heaping that atop it all.

    Thanks.

    -Andy

  2. #2
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    Generally, an adult who is not prohibited by law from possessing firearms may OC in WV regardless of whether he or she has a concealed handgun license.

    However, there is a legal minefield involving several firearm-related rules in the hunting laws, primarily W.Va. Code §§ 20-2-5 and 6a. When read together, these statutes appear to require concealment under a wide variety of circumstances, regardless of whether one is hunting.

    We have proposed legislation, HB 3333, which would fix this problem. HB 3333methodically revises all the Chapter 20 firearm rules to apply only to rifles & shotguns (instead of all firearms) and exempts CHL holders from those rules' remaining application to long guns. Since I drafted that bill a year ago, I have rewritten it and intend to have my substitute amendment offered for the original bill if it is taken up next year. The most significant change I made was to rewrite the safe harbor provisions of §20-2-6a to fully apply to OC without regard to whether a person has a CHL.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  3. #3
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    osan wrote:
    Does anyone have the real story on OC when one holds a CCW in WV? I've been here 3 years, been carrying concelaed almost all the time, and would like to not have to worry about whether someone can see my pistola, particularly during warm weather.

    I was at McDonalds in Hinton this past summer. My gun had slipped out from under my shirt. This stranger steps up to me and very indiscreetly asked whether I am a sworn LEO. I said no. He then asked whether I had a CCW. I said yes. He then asked whether I understood the concept of "concealment". Though I was tempted to tell him where he could jump off, I figured it was not worth the potential hassle of getting myself arrested on some silly technicality.

    So, local ordinances aside, is it illegal to OC if you have a CCW as I have been told by more than one person here? I really enjoy OC but am in no humor to end up in the hoosegow on felony charges. Life holds enough trouble without heaping that atop it all.

    Thanks.

    -Andy
    That had to have been a Barney Fife.... What a pain in the neck. I'm glad I didn't run into him I might have lost my cool and embarrassed myself.

  4. #4
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    OK, thanks for the info. There seems to be a LOT of bad information out there. I was told that if I have a CCW that I cannot OC, that in fact I could be charged with a felony. That made no sense at all to me, but because the law often does not make sense I have mostly played it safe.

    Thanks again,

    -Andy

  5. #5
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    mortonrml wrote:
    osan wrote:
    Does anyone have the real story on OC when one holds a CCW in WV? I've been here 3 years, been carrying concelaed almost all the time, and would like to not have to worry about whether someone can see my pistola, particularly during warm weather.

    I was at McDonalds in Hinton this past summer. My gun had slipped out from under my shirt. This stranger steps up to me and very indiscreetly asked whether I am a sworn LEO. I said no. He then asked whether I had a CCW. I said yes. He then asked whether I understood the concept of "concealment". Though I was tempted to tell him where he could jump off, I figured it was not worth the potential hassle of getting myself arrested on some silly technicality.

    So, local ordinances aside, is it illegal to OC if you have a CCW as I have been told by more than one person here? I really enjoy OC but am in no humor to end up in the hoosegow on felony charges. Life holds enough trouble without heaping that atop it all.

    Thanks.

    -Andy
    That had to have been a Barney Fife.... What a pain in the neck. I'm glad I didn't run into him I might have lost my cool and embarrassed myself.
    This raises another question, albeit something of an unimportant one: I don't much cotton to being screwed with by people - I mind my business and expect them to mind theirs. Assuming this guy was a cop and no local ordinances banning OC in Hinton proper, what might I have told him to put him in his proper place... that is, without stooping to vulgarities?

  6. #6
    Founder's Club Member Hawkflyer's Avatar
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    osan wrote:
    ...SNIP
    This raises another question, albeit something of an unimportant one:* I don't much cotton to being screwed with by people - I mind my business and expect them to mind theirs.* Assuming this guy was a cop and no local ordinances banning OC in Hinton proper, what might I have told him to put him in his proper place... that is, without stooping to vulgarities?
    Well a lot depends on the particular situation. If a person approaches you with a holier than thou attitude, you might ask them on what basis they think they have a right to make inquiry into your affairs. You might do that by asking them if they are a sworn LEO and if they say yes ask to see their credentials. If they say no, tell them thank you for the concern but you do not require their assistance and go about your business. If it is a lawyer, tell them you have your own lawyer and ask them if it is his intent to provide you free legal council. Again thank him and be on your way.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
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  7. #7
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    Hawkflyer wrote:
    osan wrote:
    ...SNIP
    This raises another question, albeit something of an unimportant one: I don't much cotton to being screwed with by people - I mind my business and expect them to mind theirs. Assuming this guy was a cop and no local ordinances banning OC in Hinton proper, what might I have told him to put him in his proper place... that is, without stooping to vulgarities?
    Well a lot depends on the particular situation. If a person approaches you with a holier than thou attitude, you might ask them on what basis they think they have a right to make inquiry into your affairs. You might do that by asking them if they are a sworn LEO and if they say yes ask to see their credentials. If they say no, tell them thank you for the concern but you do not require their assistance and go about your business. If it is a lawyer, tell them you have your own lawyer and ask them if it is his intent to provide you free legal council. Again thank him and be on your way.

    Regards
    OK, that sounds like a good approach. Thanks.

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