I am new to this concept of the OC, I have always thought it was somehow against the law to carry a firearm into public places with you unless it was concealed and you with a permit in hand. I had always new in the back of my mind that we as Americans have the right to bare arms as stated in the constitution but I guess by my own ignorance believed that there were laws placed governing most citizens from carrying firearms. I am thinking very hard on starting to OC my 1911 that I have owned for many years but I guess I still am unsure what I should be aware of. Is there restrictions I should know about? Is there places you should just not carry? What do you do if your in a store and an employee approaches you and tells you that the gun is not permitted in the store? I have a friend of mine that is a manager of a Dept. store and she had informed me that it was against the law for a person to bring a gun into the store even if it were in a holster, I told here that it was our right as Americans to do so if we pleased and she kinda thought about it for a minute and said that she thought you needed a permit......thats when I told her that was for if it was being carried concealed. She had a puzzled look and just wasnt sure, I mean if a manager of one store is not aware of this, how many people are not also? I dont want to catch all kinds of Holy hell because of one persons ignorance, especially if I am the one in the wrong!
Just also wanted to see who else out there is local to me
Michael Binegar, Morgantown WV.
I havent OC'd anywhere yet, I am still a little nervous about what others will think I guess. I have never been one that like to draw attention to myself but I also would like to see more people OC around this area so it more than likely be excepted by all those who do not.
Michael Binegar, Morgantown WV.
I was worried too, and as far as I know, I was the first person in Morgantown to routinely open carry. I OC while I go to the bank, both BB&T and Centra, Kroger, and downtown. No problems. I started putting reviews on http://www.friendorfoe.us/ and it caused at least two other people to begin to OC in Morgantown, and now we've got 25+ reviews on that site.
If you'd like, I'll come with you on your errands one day. Most people don't notice, and the only person who has ever asked me about it was very positive.
You're not alone. Best of luck.
--- Kevin Patrick
Last edited by KPatrick; 07-14-2010 at 12:22 PM.
§61-7-14. Right of certain persons to limit possession of firearms on premises.
Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under his or her domain: Provided, That for purposes of this section "person" means an individual or any entity which may acquire title to real property.
Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail not more than six months, or both: Provided, That the provisions of this section shall not apply to those persons set forth in subsections (3) through (6) of section six of this code while such persons are acting in an official capacity: Provided, however, That under no circumstances may any person possess or carry or cause the possession or carrying of any firearm or other deadly weapon on the premises of any primary or secondary educational facility in this state unless such person is a law-enforcement officer or he or she has the express written permission of the county school superintendent.
I can find no law in the state statue requiring a sign to be posted upon a building that forbids firearms. So basically you could walk up to a store see no sign, walk in with your weapon in an open carry, and all it would take is for a manager or appropriate representative of the store telling you "sorry we don't allow firearms in the store.." then you have to leave, etc. etc. etc.
I have heard some rumors of a a standard sign being required but as of yet those are still rumors. At least to the point of what I can find. I had a situation where I was approached by a store manager of a sporting goods store (that SELLS firearms no less) asking me if I was a cop and questioning me as to why I was open carrying my sidearm if I wasn't a copy (I'm not) and telling me that it wasn't legal. I politely informed the manager that yes it was legal under both the second amendment and the Wv Law. The manager walked away, aproximately 5 minutes later a second manager (different then the first) approached me and said that it was against store policy as well as Mall policy (you can figure out which sporting goods store this is on your own if you live in the Vienna area and know anything about the Grand Central Mall and the Sporting Goods store that is where the old Steve and Berry's used to be) for firearms to be on the premises. I of course took a look at the long rack of long guns on the wall then looked at the manager and told them they needed to 1. Research and train all employees on the Wv Law. 2. While not required by law, they should post a sign on the front door to avoid having to tell each and every person that walks in the store, "We don't allow firearms to be brought in etc etc etc..." because unless they did one of the two there was no way they were going to be able to enforce their policy (after all how would they know when somebody was carrying legally concealed in the store). I then informed the manager that until the policy was changed I would be taking my business elsewhere even at the cost of having to pay higher prices.
Most stores in the Vienna / Parkersburg area haven't said a word to me when I open carry. So long as you aren't acting like an idiot I can't see most places having a problem with it. I did talk to another stores manager in the Vienna area (large chain that is commonly refereed to "Wally World") on the phone and after being put on hold for aprox 10 minutes (you know they were looking for an answer someplace in a policy binder) was told that they would "prefer" that I carry concealed while in the store.
The best advice I can give to you is know the law, know it inside and out, forwards and backwards. §61-7-xxx is where you will find most of the info. http://www.legis.state.wv.us/WVCODE/Code.cfm is where you can go online to start reading. Be polite no matter how ignorant, the other individual is, if you are right and the law is on your side the most that somebody could do in a store is saw "please leave", simply ask to speak to a manager, have them tell you the same thing, then inform them that you will comply and you will not return to the store until the policy is changed. Loss of profits drives changes.
As for places to NOT carry, of course any federal buildings, state buildings, schools or places where secondary education activities are taking place, etc. Or any places that specifically state no firearms allowed. There are several places around the area that have knowledgeable firearms instructors that are up on the do's and dont's feel free to contact me for a reference of one or two. That can offer you info or even put you through one of their classes, even if you don't conceal carry it's not a bad idea to take the class simply for the legal info they give.
By the way I live in the Parkersburg area as well.
Last edited by diensthunds; 08-16-2010 at 11:25 PM.