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Thread: The blind leading the blind aka confused from Virginia...

  1. #1
    Founder's Club Member - Moderator ed's Avatar
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    Angry The blind leading the blind aka confused from Virginia...

    Ok.. so I know a "little" bit about gun law in Virginia and have even Open carried in WV. No problem.

    A co worker of mine is interested in getting his permit in WV and/or VA Non-resident permit since VA and Wv have reciprocity.

    So I tell him all the stuff I know to be true.. show him some websites, etc.. and he comes back with this little booklet from WV. called on the mark (http://wvago.gov/pdf/brochures/2009_gunbrochure.pdf) from the WV attorney general.
    No open carry by non WV residents (page 4)?
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    So a WV resident that gets a VA non-resident CHP can't carry concealed in WV?? (page 11)
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    and http://wvago.gov/pdf/BookletWVFirearmLaws.pdf page 4
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  2. #2
    State Researcher
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    Post West Virginia law

    There is simply no legal authority to support any statement that the right to OC in this state depends on the person's state of residence. Call me if you have any problems.

    A West Virginia resident may not use a reciprocal state's license to carry a concealed handgun in West Virginia. See W.Va. Code § 61-7-6a(a)(3).
    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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    Interesting situation, and one that affects me. I checked with two counties I regularly travel and spend time in, Hardy and Jefferson County Sheriff's Departments. Jefferson County stated that a non-resident open carrying would be a non-issue for them within their jurisdiction. All bets were off for private property and town regulations.

    Hardy County checked with the Prosecutor for that county and responded with an answer that open carry by a non-resident would be a non-issue, provided the person met all criteria for legal firearm possession in that state.

    But the law says what the law says....It would nice to have some supporting reference in case one of us has an encounter. Sheriff's departments would be the least of my worries. I've had only good experiences with them. Town cops and State Police would be a concern. I like to keep things as non-confrontational as I possibly can, and rather take a informative approach than a rights assertion approach. I'm highly allergic to wood shampoos, tasers and handcuffs. I have a real poor emotional reaction to them.

  4. #4
    Regular Member Dreamer's Avatar
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    I am a NC resident with permits for NC, PA and UT.

    I OC every time I visit WV--Martinsburg, Winchester, Wheeling, Morgantown, Sistersville, Parkersburg, Beckley.

    Never once had a problem.

    The WV State Police's own website say that OC is legal for ANYONE who is legal to possess. Somewhere, there is a link to their FAQ page that I posted on another thread...

    The WG AG's pamphlet is wrong. Nobody seems to know where they got that "non-resident" bit. It's illegal, unlawful, and nonsensical.

    If you've got a CC permit from a state with reciprocity with WV, then you can CC or OC with perfect legality and liberty in WV, as long as you follow the WV rules on carry.

    End of story.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  5. #5
    Founder's Club Member - Moderator ed's Avatar
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    I sent them a post card...


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