Alexxx13
New member
I don't see anything on West Virginia's website saying this isn't allowed...
Can anyone please confirm this?
Can anyone please confirm this?
I don't see anything on West Virginia's website saying this isn't allowed...
Can anyone please confirm this?
Do I have to dismount when getting into my truck?
Do be aware that the WV State Police and the WV AG have decided that Open Carry is only legal for WV Residents.
See Page 4 at http://www.wvago.gov/pdf/brochures/2009_gunbrochure.pdf
Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?
A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.
I'm a pretty smart person, but this law stuff is just hard for me to read. So when I'm open carrying I need to disarm myself before getting into a motor vehicle? or go concealed since i have a CCL in WV and am a resident. I called the sheriff's department and they referred me to the state troopers office who had to transfer me three times. I don't believe them just off the hand by looking at other forums and watching video's of just how much they lie to you. They said I have to disarm before I enter my vehicle concealed or open carry. I know thats not correct for concealed. So can someone help me out here.
WOW....thank you so much for that I really appreciate it. I will most certainly report it.
One more thing. What if i was out at dinner ocing or ccing and I wanted to have a beer with dinner?
I really want to thank you so much for all the info. Yea moving isn't an option. I guess I just need to start reading more. If you have anything else you want to inform me about I would be very thankful.
Dismount = leaving vehicle. Do you perhaps mean disarm?
Most important aspect here is to learn to research, especially the basics, so that you have 1st hand knowledge of the laws. Presume that you are of an age and experience level consistent with legally carrying a firearm.
RV/Car Carry Without A Permit/License
527.020 Carrying Concealed Deadly Weapon.
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space [regularly] installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or
ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction. This subsection shall not apply to any person prohibited from possessing a firearm pursuant to KRS 527.040.
Follow the links for your state on these interactive maps - they are a great primer for getting started and will answer many of your questions.
http://www.opencarry.org/maps.html
This is a statute for the state of Ky, not WV. I do believe a firearm has to be in plain view only in WV doesnt it?
You are welcome--it is my pleasure. I've spent several years researching WV laws (and VA, PA, OH, MD, SC, and NC) because I travel a lot in the region. As someone who carries everywhere I legally can, I NEED to know the laws, and man, can I tell you, it's crazy out there. Some things that are REQUIRED in some states, are actually ILLEGAL in others. Some things that will get you a nod and a "thumbs up" from an LEO in some cities will get you proned, shouted at, drawn on, your weapon seized, and your civil rights routinely violated in other cities (sometimes even in the same State!)...
As for WV, here are some key issues to be aware of:
Don't carry on school property--don't even just drive through the parking lot--if you are armed. That is verboten in WV...
Watch out around Charleston. They have some wacky laws down there...
To
Study PA laws too--you are close enough to PA that I assume you sometimes travel there--and the laws are a little different in PA than in WV.
Before you buy your next box of ammo, invest in a small digital voice recorder and learn how it works...
Work on your "polite voice". It can be VERY easy to come across as being condescending, preachy, or arrogant when you are trying to be precise, polite, and hold to the letter of the law when dealing with an LEO or store manager. You need to work on coming across as confident without sounding like an arrogant SOB. I know that this is something that I have a HUGE problem with--I tend to go into "professor mode" and start using my "lecture voice" if people try and pull BS, color-of-law crap with me, and it is sometimes difficult to not just laugh and call people idiots when they OBVIOUSLY don't know the law and are trying to make stuff up to intimidate me.
Get some training. Once you get some quality self-defense training (I mean over and above your CC permit training), you will come away being SHOCKED at how much you don't actually know. Good training is priceless, and is an investment that you really can't put a price tag on...
And my last bit of advice tonight would be to ASK QUESTIONS here on OCDO. It's easier for people to help you educate yourself if we know what situations you are concerned about. We're pretty friendly here, and several of us take great joy in helping new OCers navigate the minefield of local and state laws.
Carry On!
W. Va. Code § 62-1D-3: Recording a wire, oral or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, as long as the recording is not accompanied by a criminal or tortious intent.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," W. Va. Code § 62-1D-2. In West Virginia Dept. of Health and Human Resources v. Wright, the West Virginia Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994).
Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees and litigation costs. W. Va. Code § 62-1D-12.