My first OC Day (Morgantown)

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I open carried in public for the first time today. I was around the house for the first part of the day, and then had to go downtown. My fiancee was a little nervous, but she settled down after a while. We got lunch at Sheetz gas-station on 705/Chestnut Ridge. No one seemed to notice really, although a clump of three employees gave me a look until I took my items up to the register with cash in had. Then we went to a friend's apartment, and later for a walk around town.

We entered Bead Monster on High Street, and no-one noticed or gave me a look. I was working very hard at SA, which is definitely a habit, and hard to keep up. We walked around town for an hour or two. On the way home, I stopped to get milk at the Valley Mart on Van Voorhis RD, no problems there.

No one really gave me a look, or talked to me, or confronted me. There was a woman who had her kid's neck in a death grip as she passed me, but it might have been unrelated. All in all, I think it went very well, and was a successful first day.

I LEO drove by on the street, but didn't look twice. I think most people either aren't aware enough of others, or just assume it's a cell-phone holder or ipod thing.

I'm going to try and schedule the OC Brunch soon, I'm going to go to Eat n' Park, and see if they mind if we meet there. More soon.

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Glad to hear it and welcome to the forum!

I have often carried in both Morgantown Wal-Marts and many of the surrounding shops. Only place that I saw signs was at the Zales Jewelers next to the Wal Mart saying "No Firearms Allowed", but since Im single, there was no need to buy jewelery anyhow. lol

Also OC'ed, on the rail trail near Star City too.

If plan a OC lunch/dinner after April 1st, I will definitely be there!
Anything before April 1st, I probably wont be able to attend.

Keep us posted, thanks!

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With the verbage in the state law appearing to limit having a gun in the car unless I am on my way to/from a recognized shooting range, etc. I am unsure how to practically open carry in West Virginia. Any advice on how to move my gun around?

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Shoney's is a good option too because they have a separate room they allow groups to use for free.

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I don't see that language about only having a gun in the car when traveling to and fro a shooting event.

The State Police website even says that it's legal to open carry in a car, but that it may draw some attention from the officers.


[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. [/font]

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ITM wrote:

I don't see that language about only having a gun in the car when traveling to and fro a shooting event.

The State Police website even says that it's legal to open carry in a car, but that it may draw some attention from the officers.


[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. [/font]

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I sure hope that its still legal to have an un-concealed pistol in my car while in WV.
I am always driving way up in the mountains at night in WV and I will NOT go out there unarmed!

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I wasmisapplying [font=TimesNewRoman,Bold]§ 61-7-6 Paragraph (2) which reads:

[align=left](2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;[/align]
[align=left]It only applies to exclusion from concealed carry permits. Thanks.[/align][/font]

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Aptheism wrote:

I wasmisapplying [font="TimesNewRoman,Bold"]§ 61-7-6 Paragraph (2) which reads:

[align=left](2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;[/align]
[align=left]It only applies to exclusion from concealed carry permits. Thanks.[/align][/font]

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So, if you do NOT have a Concealed Handgun License, you CAN still OPEN carry in your car?

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I'm not a lawyer, and cannot offer legal advice nor a citation: but what I understand from talking with several lawyers and my own investigation is that OC in a vehicle is legal if the firearm is 'on or about the person and clearly visible.' That being said, it probably matters which officer pulls you over.

And keep in mind that WV Code and DNR Regs are two different creatures entirely, often overlap, and are not clear on where one is more pertinent that the other, and DNR Regs and Citations are not reviewable by any court (so say their literature)... who knows?

The simplest thing is probably to get a CHP if you don't want to be the test case.

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KPatrick wrote:

I'm not a lawyer, and cannot offer legal advice nor a citation: but what I understand from talking with several lawyers and my own investigation is that OC in a vehicle is legal if the firearm is 'on or about the person and clearly visible.' That being said, it probably matters which officer pulls you over.

And keep in mind that WV Code and DNR Regs are two different creatures entirely, often overlap, and are not clear on where one is more pertinent that the other, and DNR Regs and Citations are not reviewable by any court (so say their literature)... who knows?

The simplest thing is probably to get a CHP if you don't want to be the test case.

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Thanks for the reply.
You know, for something so important and effects peoples lives in such a profound way, I would think states would make the laws regarding carrying far more clear and easy to follow.

I will be getting my CHP/LTCF, but I wont be able to until later this summer. So,i was hopping to cover all my bases until then.

Last month I called the WV State Police firearms department and spoke with a state tropper there. I realize that getting legal advice from police officers is shotty at best, but he did say that OC was legal in the car, so long as the officer can see it while standing outside the vehicle and the driver notifies the LEO immediately of a firearm being in the vehicle.

Your right, I dont want to be the "test case", but I sure dont want to be unarmed at 3am driving on some backwood country roads. lol

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I'm not a lawyer either, but a law student. I feel comfortable open carrying in a vehicle in light of the fact that the State Police website explicitly says you can do so.

I don't know that that fact elevates to an affirmative defense or not, however.

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Since this discussion is now spanning (for now) 2 states, would everyone please update your user profiles to show your respective locations? Thanks!

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I am a TN resident and currently in Brideport on a long term contract that is open ended. Due to the fact that I own a residence in TN, my wife still occupies the home, and taxes purposes, I do not wish to become a W.VA resident at this time.

I am also a licensed weapons carry holder (TN does not differentiate between concealed and open carry) as well as a TN State Certified Weapons Carry Instructor.

I know my TN carry license is good for me to carry in W.VA concealed, and I can carry open in TN with the license, but can I open carry in W.VA as I am not a state resident with or without my license (I have it, so I would have it on me-- but for information purposes maybe I may not)?


On a side note, and IDPA or similar around? What about pistol (indoor) ranges within a moderate drive of Brideport?

Thank you!
/tg

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[align=left]Never mind, I found my answer to this question in this thread.[/align][align=left]
[/align][align=left]/tg
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never heard of this

where did you get this information from?? i just read all the laws and saw nothing of the sort.

Aptheism said:

With the verbage in the state law appearing to limit having a gun in the car unless I am on my way to/from a recognized shooting range, etc. I am unsure how to practically open carry in West Virginia. Any advice on how to move my gun around?

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Lay the firearm on the passenger seat or anyplace that is plainly visible should somebody be standing outside the vehicle and you are fine. The law may appear to limit you to only transporting the firearm to a range but it does not in fact do so.

Sig229 said:

Aptheism wrote:

So, if you do NOT have a Concealed Handgun License, you CAN still OPEN carry in your car?

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Yes you can.

Sig229 said:

KPatrick wrote:

Thanks for the reply.
You know, for something so important and effects peoples lives in such a profound way, I would think states would make the laws regarding carrying far more clear and easy to follow.

I will be getting my CHP/LTCF, but I wont be able to until later this summer. So,i was hopping to cover all my bases until then.

Last month I called the WV State Police firearms department and spoke with a state tropper there. I realize that getting legal advice from police officers is shotty at best, but he did say that OC was legal in the car, so long as the officer can see it while standing outside the vehicle and the driver notifies the LEO immediately of a firearm being in the vehicle.

Your right, I dont want to be the "test case", but I sure dont want to be unarmed at 3am driving on some backwood country roads. lol

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You DO NOT have to notify any LEO that you are carrying a firearm inside your vehicle while in the State. (I do highly recommend as a courtesy to any officer that you do state "Officer just as a courtesy I do have a sidearm in the vehicle it is located ....((make sure your hands are plainly visible say on the steering wheel while doing this)) what would you like me to do.
There are NO laws (to my knowledge) that make Wv a "Must Notify" state. (Now Ohio is different you ARE required and it IS spelled out in their state laws).