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Thread: Open Carry in an Auto?

  1. #1
    Regular Member
    Join Date
    Sep 2007
    Augusta, West Virginia, USA

    Lightbulb Open Carry in an Auto?

    I was talking to a local town law enforcement officer in a town I wont mention in a county I wont mention a few weeks ago and she said something that confused me . She said that it was NOT legal to open carry in an auto in WV with out a permit. Everything I have seen and researched in the past has led me to believe the opposite , that since WV is an open carry state that you may open carry in an auto as long as it is NOT used for hunting. She is a brand NEW officer so I told her I believe she may be mistaken but I would certainly check around and come back to her for some clarification since I both Conceal and Open carry a lot.

  2. #2
    Regular Member
    Join Date
    Apr 2009
    Charletson, West Virginia, USA
    The way each and every individual Officer interprets the WV Code is different. Below are the Laws dealing with "guns" and "vehicles". I Open carried before I was a LEO without a permit. I called the DNR in my office one day just to find out. Again what ever the Officer at the time perceives will determine the outcome. The LtCol told me that as long as its not a "gun" configured for hunting opencarry without a permit is perfectly lawful, and the example he gave me was if someone is carrying a glock on there side would be fine. On the other hand if they had a 44mag with 8in barrel and a scope your gona be in hot water. I hope this helps ya out

    20-2-6a. Carrying a concealed handgun.
    (a) Notwithstanding any provision of this code to the contrary, a person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law may carry a handgun in a concealed manner for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.

    (b) The provisions of this section shall not exempt any person from obtaining any hunting or fishing license or stamp required by the division of natural resources.

    20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.

    (9) Have in his or her possession a crossbow with a nocked bolt, a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, may be so carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;

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