Open and Concealed Carry in WV for Non-Residents

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friscolatchi

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Hi to all -
We're going to vacation next week in West Virginia and I called the WV State police only to find out that they do not recognize my non-resident PA CC permit. So now my only option is to open carry. I only intend to do so while hiking but honestly I'm feeling a bit self conscious about OC. Maybe I'm making more of this than I need to. I have been CC'ing here in NY for the past 3 years and I'm having a problem not feeling my 340 ct in my front pocket. We'll be there for a week and then to VA, where my non resident CC is recognized. I don't want to draw too much attention. I figure that if it's a problem I'll just lock the gun up.

Any advice? am I making too much of this? thanks for your help.

Frisco
 
If WV doesn't have preemption make sure you check each city's ordinances. Here in MO the cities have the right to ban OC if they want to, but it's legal in about 90% of the state.

Check out the Open Carry.org forums here.

It can be pretty nerve racking the first couple of times. But then you realize that no one is really paying any attention or even noticing. In all the time I've been OC'ing I've never had an encounter with a LEO, and I've only had a couple of people give me the "weird look" No conversations, nothing.

It's your right, use it.
 
Open carry West Virginia?

Going to West Virginia next month for some whitewater rafting, Mt. biking and some backwoods hiking. The area I will be hiking in has a high likelihood of black bear sightings at the very least.

My understanding is that I can legally OPEN CARRY there but not concealed. Correct me if I am incorrect on this information. I carry where I live in Indiana (Springfield 1911 45acp and Springfield XD9mm sub-compact as back up) but always concealed though it is not required here, I see no reason to draw attention to myself.

I was planning on carrying my Ruger Blackhawk 44mag that I use for deer hunting but I have never carried it openly EXCEPT when I was deer hunting. Not sure how I feel about carrying a firearm out in the open like that in public outside of a hunting scenario.

Any suggestions or recommendations? Especially from residents of WV would really be appreciated. Per WV state police website states that "West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun." It does not say if this mean resident of WV or non- resident.
 
Got this info from: http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf


WEST VIRGINIA FIREARM LAWS

Courtesy of Darrell V. McGraw, Jr.

Attorney General
of
West Virginia
October 2009


Not sure if it helps but just providing a little of what I found on the subject.

Concealed reciprocity states:

As of the date of this booklet (October 2009) West Virginia has handgun reciprocity agreements with the states of Alaska, Arizona, Arkansas, Florida, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah and Virginia.


OPEN carry:

It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s interpretation of “open carry” is that the handgun must be visible from three sides.
 
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Just realized that WV recognizes non-resident PA permits. Those are very easy to get, by mail even. Not sure, but you should be able to get it done by next month if you hurry.

Try Sheriff Nau in Centre Co.
 
thanks Big Boy.

I checked out the Open carry forum and found good links through it. I couldn't get through to the Randolph Co sheriff's office but did hear what I needed to hear through the WVSP. I was able to read the PDF file from the WV DA's office.
At this time I"m going to open carry in the woods and on the trails - until back in PA or VA.
Thanks again for your help and the link. See you in Missouri sometime. I hear the turkey hunting is great.

Frisco
 
Here is a booklet prepared by the WV Attorney General on the subject: http://www.wvago.gov/pdf/brochures/2009_gunbrochure.pdf

He says, "While West Virginia is an “Open Carry” state, only residents of West Virginia may do so." That's a pretty important point.

It can be pretty nerve racking the first couple of times. ... It's your right, use it.
Click to expand...
It will be especially nerve-racking if a law enforcement officer happens to point out to him that, as a non-WV-resident it ISN'T his right. :eek: :(


Unfortunately, this (http://www.wvago.gov/gunrecep.cfm?state=PA#guntitle) says that only PA resident LCTF's are honored, so I think you're out of luck. :(
 
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I will say, carry if you want but in 50 some years of living in the hills and hollars of WV, Black bears haven't caused any problems. Now the two legged vermin you might run into may be another story.
 
Seeing as we have two small threads on exactly the same topic of WV law, I've merged them and moved them to Legal.
 
Thanks for the information guys much appreciated. Not sure I am too keen on visiting a state that doesn't honor my rights when my state has no problem honoring theirs.

I guess that if I have a confrontation with a black bear I should use harsh language.:cuss: :neener:
 
It will be especially nerve-racking if a law enforcement officer happens to point out to him that, as a non-WV-resident it ISN'T his right.
Click to expand...

WV Statutory language does not bear this out. It makes no mention of residency being a prerequisite for the open carry of firearms. The state AG and police just don't like it; as far as I know, there has never been a conviction of a nonresident for open carrying in WV without a license. Not likely that there ever will be, as there is no law which prohibits such activity by a nonresident.
 
Also, note what the quote says:
It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents
Click to expand...

If you don't mind going to court, it really doesn't matter what law enforcement "deems" to be true or not. It matters what the statutes say and how the court interprets those statutes. Many times it takes a court slap down to show a minority of LEO what the law says, vice what their personal opinions are.
 
If you don't mind going to court, it really doesn't matter what law enforcement "deems" to be true or not. It matters what the statutes say and how the court interprets those statutes. Many times it takes a court slap down to show a minority of LEO what the law says, vice what their personal opinions are.
Click to expand...

How very true. However, you might want to wait until you're retired and have a lot of time to kill, and the money to help keep a lawyer employed.
 
NavyLT said:
Respectfully, Sam, your information is incorrect:

http://www.wvago.gov/gunrecep.cfm?state=PA#guntitle
Click to expand...
NavyLT,

West Virginia signed reciprocity agreements with South Carolina, Florida and Pennsylvania which legalizes both resident and non-resident permits from those states. The information in parenthesis on their site for those three states is erroneous and hasn't been updated yet.

Notice!
This office has reached updated reciprocity agreements with the states of South Carolina, Florida and Pennsylvania. It is anticipated that updated agreements will be reached in the near future with Arizona, Tennessee, Virginia and Utah as updated agreements have been sent to them. Updated agreements were necessary given the 2009 Legislature’s passage and the Governor’s approval of H.B. 3314. In part, H.B. 3314 allowed West Virginia for the first time to honor non-resident licenses issued by reciprocity states. The law went into effect July 10, 2009.
Click to expand...
 
Wow...if this isn't a roller-coaster of a thread! :)

SO...LEGAL to carry on a PA non-resident permit. ILLEGAL to carry open unless a WV resident.

That sum it up correctly?
 
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