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Thread: WV allow OC ? and does it allow OC for out of staters (VA)

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    Regular Member Colt 1911's Avatar
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    Question WV allow OC ? and does it allow OC for out of staters (VA)

    I might be going to Charlton West Virginia for a trip from VA I know its legal for (18+) in VA to OC, but does WV allow for OC from MY STATE?
    Last edited by Colt 1911; 07-21-2010 at 10:51 PM.

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    Do you mean Charleston? If so, it is one of the 2 places in WV that is not pre-empted by state laws, and open carrying is prohibited there. I have heard though, that it isnt enforced very often. As for being from out of state, it doesnt matter.

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    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by Colt 1911 View Post
    I might be going to Charlton West Virginia for a trip from VA I know its legal for (18+) in VA to OC, but does WV allow for OC from MY STATE?
    This stuff is pretty easy to find. Many resources have already compiled answers to most of your questions as of yet. I'll help, just this once...

    WVCDL - Scroll down to Places Off Limits While Carrying
    * While you're there, check out the rest of the WVCDL site.
    OCDO - West Virginia Summary
    * Also look at all of the maps OCDO has provided for you. They answered your minimum age to OC question in there.
    handgunlaw.us - West Virginia Information Page
    * This is a good resource and is somewhat regularly updated. At least, they include the dates on which they last updated their documents.
    WV Attorney General - Guide to Concealed Weapons Laws
    * This is what the AG interpreted the WV laws to be in 2009.
    West Virginia Code - Most, though not all, of the state laws concerning firearms are under Chapter 61. Crimes and their punishment - Article 7. Dangerous Weapons
    * The WV Code is where you go when you want to affirm or rebuke anything you have read from the preceding sources. Or if you have nothing else to do on a Sunday afternoon.

    Remember, as Reagan use to say (a lot), "trust, but verify."

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    Regular Member virginiatuck's Avatar
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    One more thing...

    Be careful that you don't confuse Charles Town with Charleston; they're two different cities.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by virginiatuck View Post
    Be careful that you don't confuse Charles Town with Charleston; they're two different cities.

    Pretty difficult to confuse--they are on opposite sides of the state, about 8 hours drive time apart, and one is a TINY little town that is mostly farms and touristy history stuff, whereas the other is the state capitol...

    But then again, considering how well "Colt 1911" reads and researches the law, it would be easy to understand how he might get switched around on a map.

    (I was born and raised in WV, lived there for 22 years, then moved back for 5 years from 2000-2005, and still have a lot of family there, so I know the state pretty well...)
    Last edited by Dreamer; 07-29-2010 at 02:30 PM.
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    The family and I will actually be in Charleston this weekend for a family reunion for my wife's side of the family. The wife and I will be CCing because of the local ordinance grandfathered in prohibitting OC in Charleston.

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    This thread with all of the info links in it, should be sticky'd!!!

    Being that I go back and forth to WV (born and raised also) I will being referencing this thread.
    Last edited by merc460; 07-29-2010 at 08:39 PM.

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    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by Dreamer View Post
    Pretty difficult to confuse--they are on opposite sides of the state, about 8 hours drive time apart, and one is a TINY little town that is mostly farms and touristy history stuff, whereas the other is the state capitol...
    Those are several reasons that it's important not to confuse them.

    Quote Originally Posted by Dreamer View Post
    But then again, considering how well "Colt 1911" reads and researches the law, it would be easy to understand how he might get switched around on a map.


    "Colt 1911" actually asked about a place called Charlton, WV. That's two letters away from Charleston; or a space and three letters away from Charles Town. I figure it could go either way.

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    Lightbulb Charleston City Code § 78-163

    Quote Originally Posted by fully_armed_biker View Post
    The family and I will actually be in Charleston this weekend for a family reunion for my wife's side of the family. The wife and I will be CCing because of the local ordinance grandfathered in prohibitting OC in Charleston.

    Actually, Charleston has a license to carry ordinance that does not distinguish between OC and CC, not an OC ban. See Charleston City Code § 78-163. It is an old ordinance that actually mirrored state law prior to 1988, when the state law was declared unconstitutional. See State ex rel. City of Princeton v. Buckner, 180 W.Va. 457, 377 S.E.2d 139 (1988). Although I don't believe the Charleston LTC ordinance is being enforced against OC, I also don't believe its application to OC has been specifically challenged in court.
    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

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    Thanks Jim! I searched for the Ordinance, and found the presentation, dated 8 Aug, 2008 you authored to the City of Charleston...well done by the way!

    Basically, from what I take from reading it is; the ordinance prohibits carrying a firearm without a state issued license...and I have a Virginia CHP with reciprocity between VA and WV...without any distinction of HOW that firearm may or shall be carried. That said, I will be OC'ing everywhere I go while I'm there...except the family reunion. I'll CC for that, so there isn't the chance of causing any family rifts. I would have absolutely no objection to being the test case for the ordinance.

    Imagine that...I did the research, with the help and guidance of a very knowledgeable person; dare I say, an expert on the subject...and came to my own conclusion!....hmmmm (Inside joke...anybody that doesn't understand will have to go back and read the VA forum to get it.)

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