For what it's worth, see the email from the WVDNR below. I went back and forth with them for nearly a year before the DNR finally stated open carry was legal. The problem lies in the hunting code
WV Code Chapter 20-2-5(8)(9), which makes no distinction between firearms used for hunting and those used for self defense. Furthermore, the code restricts the carry of firearms "in the woods" without a CCW permit, so with WV being about 70% forested, it creates a large problem.
I like you, live outside WV and enjoy the same National Forest. I currently carry in WV under a PA permit, but with my new attorney general attacking reciprocity agreements like fresh grass under a new lawnmower, I am afraid it is only a matter of time. HB 2572, which is stuck in the house judiciary committee right now, would clarify this issue. And I have to no avail, tried to explain this situation to both the judiciary chair and the speaker of the house, that should the code be interpreted as written, effectively 70% of WV is off limits without a permit.
At best, this is a very gray area of WV law, and IMHO officer discretion will play a large role in how things turn out should you be stopped. With regards to vehicle carry, some of the previous posts should answer your questions. In the end, a FL permit should solve all of these issues.
Wish there was better news.
7/9/11
to dnr.law
WV DNR,
I was reading Officer Clyde's comments on open carry posted 4-13-2011 stating open carry is illegal on national forest land, and have been unable to find any supporting statues. Please see Officer Clyde's comments below:
Question:
Clyde,
What are the legalities if I'm out fishing and want to carry my handgun in the holster out in the open instead of concealed carry? What about OC instead of a firearm?
Clyde's Response:
Look at the Pistol Carry section on Page (5) in the Hunting Regs pamplet. As long as one was not fishing on a state park, national forest, etc, or any other area where pistols are specifically banned (except for CCW) then one would be ok with a pistol that is displayed in plain view.
OC would be ok except in such areas where it is specifically banned, and I cant think of any outdoors places that do.
Good luck
Clyde
I understand WV state parks prohibit open carry of a revolver or pistol, but my understanding is national forests follow state law when regulating firearms and there use. The Monongahela National Forest website has no regulation to prevent open carry, and even provides guidelines for recreational shooting on national forest lands. In addition, I have never seen any signs on national forest lands which prohibit the open carry of a pistol or revolver. Could you please provide some clarification by answering the following questions for me?
- Is open carry of a pistol or revolver legal on national forests in WV?
- If not, what specific statue makes open carry of a pistol or revolver illegal on national forests in WV?
Thanks very much for your time. I just want to make sure I stay within the law while out hiking and fishing.
DNR Law Enforcement <DNR.Law@wv.gov>
2/23/12
to me
Good morning, Mr. ________! The WV DNR Law Enforcement Section was not ignoring you; we actually do not have any record of your previous messages! I apologize for any inconvenience. In response to your question, you can visit the National Forestry webpage. The specific link you are looking for regarding firearm usage on national forest land in West Virginia is http://www.fs.usda.gov/detail/mnf/home/?cid=stelprdb5287443. It sounds like you have perhaps already viewed this link. This webpage specifically says that firearms are permitted on national forest lands. As long as you are obeying West Virginia laws dealing with firearms, you are okay. Notably, West Virginia specifies that you cannot shoot within 400 feet of a school or church or 500 feet within a dwelling.
Attached to the link is another link which is http://www.fs.usda.gov/wps/portal/f...il&pname=Monongahela National Forest- Offices, and it gives you the contact information for the national forest districts. For specific information in that area, you should contact the individual responsible for the area.
Please let us know if you have any other questions. You can also contact the DNR District Office at 304-825-6787. That is the number for the District 1 Office which covers many of our northern counties. Thanks and have a great day!
To: DNR Law Enforcement
3/4/12
to DNR
Thanks for the reply, but you failed to answer a single question. How would the WVDNR view someone shooting on the national forest? Would that individual be cited for hunting out of season? Officer Clyde states open carry is illegal on national forest land, so would you be cited for open carry while shooting? Do hunting laws only apply to hunting, or to everyone in the woods?
DNR Law Enforcement <DNR.Law@wv.gov>
3/7/12
to me
It is legal to open carry a firearm in the state of West Virginia, even on national forest land. However, you may not shoot the firearm, i.e., target shoot, because it may be construed as hunting out of season. If you wish to target shoot, please find a designated shooting range. This is applicable to all land.
Sent: Sunday, March 04, 2012 9:52 PM
To: DNR Law Enforcement
Subject: Re: Ask Officer Clyde Clarification
