## Gun laws in West Virginia Federal firearm law sets a baseline; West Virginia adds its own rules on top — for purchasing, carrying, transferring, and possessing firearms. ### West Virginia framework - **Concealed carry:** Permitless (since 2016); permits still available - **Open carry:** Legal - **Red-flag / Extreme Risk Protection Order law:** No state red-flag law ## Federal baseline (applies in every state) **Prohibited possessors** under 18 U.S.C. § 922(g) include: - Convicted felons (in most circumstances) - Persons subject to qualifying domestic-violence protective orders - Persons convicted of misdemeanor crimes of domestic violence (Lautenberg) - Persons adjudicated mentally defective or committed to a mental institution - Unlawful drug users (including marijuana users in cannabis-legal states — federal law preempts) - Illegal immigrants - Persons dishonorably discharged from the military - Persons under indictment for a crime punishable by 1+ year (limited) - Fugitives from justice - Persons who have renounced U.S. citizenship **National Firearms Act (NFA)** restricts machine guns, short-barreled rifles/shotguns, suppressors, and destructive devices — extensive registration and tax stamp requirements. **Federal background check (NICS)** is required for purchases from licensed dealers (FFLs). ## Concealed carry types **Permitless / "constitutional carry"** — anyone legally allowed to possess a firearm can carry it concealed without a permit. ~28 states currently. **Shall-issue** — state must issue a permit if the applicant meets objective requirements (age, training, no disqualifying record). **May-issue** — historically gave states discretion to deny based on "good cause" / "need." The U.S. Supreme Court's NYSRPA v. Bruen (2022) struck down good-cause requirements, effectively converting may-issue states to shall-issue. ## NYSRPA v. Bruen (2022) and ongoing fallout Bruen held that the Second Amendment protects a right to carry firearms in public for self-defense, and that gun regulations must be consistent with this nation's historical tradition of firearm regulation. Post-Bruen developments: - May-issue states (CA, NJ, NY, MA, HI, MD, RI) had to drop "good cause" requirements - Some states responded with "sensitive places" restrictions (NY, NJ) - Litigation over magazine capacity limits, assault weapons bans, age restrictions, and other regulations continues - The historical-tradition test has resulted in many lower-court decisions striking down old gun laws ## Buying a firearm From a **licensed dealer (FFL)**: - Federal Form 4473 must be completed - NICS background check (instant in most cases; can take up to 3 business days) - Some states impose a waiting period (CA 10 days; FL 3 days) - Some states require a permit-to-purchase or firearm owner ID card (IL, MA, NY, NJ, others) - Some states ban specific models (assault-weapons bans in CA, NY, NJ, MA, MD, IL, CT, HI, RI, WA) - Some states limit magazine capacity (10 or 15 rounds in CA, CO, HI, IL, MA, MD, NJ, NY, OR, RI, VT, WA) **Private sales:** - Federal law doesn't require background checks on private sales (the so-called "gun show loophole" — though shows themselves often involve FFLs) - Many states require background checks on private sales — varies by state - Private sales of NFA items are still federally regulated ## Common firearm offenses - **Possession by a prohibited person** - **Carrying a concealed weapon without permit** (in non-permitless states) - **Possession in prohibited locations** — schools, government buildings, courthouses, sterile airport areas, federal property, places that post no-firearm signs - **Possession during commission of a crime** — major sentencing enhancement - **Straw purchase** — buying a firearm for a prohibited person - **Falsifying a Form 4473** — federal felony - **NFA violations** — unregistered SBR, suppressor, or full-auto - **Brandishing / pointing at another person** — assault charge - **Illegal modifications** — solvent traps, full-auto conversions, switches ## Red flag laws (ERPOs) About 20 states + DC have **Extreme Risk Protection Order** laws — also called red-flag laws. They allow: - Family members and/or law enforcement to petition a court - Court to order temporary firearm surrender if there's evidence the person poses a danger to themselves or others - Time-limited (typically up to 1 year, renewable) - Due process protections vary by state ## What you should do Firearm law is one of the more politically contested areas — federal and state rules can change quickly, and Supreme Court decisions (Bruen, Rahimi) reshape the landscape regularly. If you're being charged with a firearm offense in West Virginia, talk to a criminal-defense attorney who specifically handles gun cases. If you're a gun owner with questions about transport, storage, or specific regulations, consult an attorney before testing a gray area. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Firearm law is shifting through litigation and legislation. Talk to a licensed West Virginia attorney about your specific case or compliance question.*