Cased Pistol While Driving in WV.......

[Sig229]

Quick Legal Question..

I understand that in WV, you can have a loaded NON-concealed pistol in your vehicle while driving.

But can I have an UN-loaded pistol in its case on the passenger seat while driving?

If so, does the magazine have to be out and in a separate place of the vehicle? Or can I have the mag inside the case with the pistol?

Thanks

[mljenkins]

From what I have been told, ammo must be in a separate compartment in the vehicle that is not accessible to the driver or must be in a separate locked case.

If you have a trunk, the ammo should be in the trunk. A locked glove box may suffice. If you have a pickup, a locked case would suffice.

Interestingly, the law from the PDF below is, IMO, not clear whether the firearm and ammunition must be stored, readily inaccessible and unloaded, separately of each other during transport.

http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf

18 U.S.C. § 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political
subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any
place where he may lawfully possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a
compartment separate from the driver's compartment the firearm or ammunition shall be contained in a
locked container other than the glove compartment or console.

[Sig229]

Thanks.

It really doesn't make sense that you can have a fully loaded pistol if its visible, but if its in a case you have to have the ammo out of reach and all that BS.

What kind of weirdos write these laws? lol

[mljenkins]

Well, the state police's website had an FAQ and one of their questions was regarding open carry in a vehicle. I believe I posted the link on here somewhere a while back. They basically said don't be surprised when you are asked to exit the vehicle. I suspect it would be a very uncomfortable traffic stop. Aside, there was some debate on here or WVCDL's site a month or so ago about the dangers of open carry while in a vehicle. For example, if you were involved in a wreck, the firearm may fall under the seat and then you're in violation. However, I think it is a good law because there have been cases where I am going down the road to access another part of my farm and I will simply unholster my revolver and lay it on the seat while I am in transit. Having to lock it up just for 1/4 mile would be a real pain in the butt.