Gun Laws in West Virginia
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
West Virginia's exceptional score of 94 reflects the state's constitutional carry laws, minimal restrictions on firearm types, strong preemption laws, and robust self-defense protections.
West Virginia Gun Laws Summary
West Virginia has established itself as one of the most gun-friendly states in the nation. The state has minimal restrictions on firearms and ammunition, often avoiding duplication of federal regulations and not imposing additional burdens beyond what federal law requires.
West Virginia is a shall-issue state for concealed weapons permits, though permits are entirely optional. The State Police handles permit issuance, and qualifying applicants will receive their permits without discretionary denial. While not required, obtaining a permit provides advantages including reciprocity with other states and streamlined firearm purchases.
Since May 24, 2016, West Virginia has been a constitutional carry state when Governor Earl Ray Tomblin allowed HB 4145 to become law without his signature. Any law-abiding citizen or legal resident who is at least 21 years old and legally permitted to possess a firearm can carry a concealed weapon without a permit. West Virginia was the eighth state in modern times to adopt constitutional carry, further cementing its reputation as a state that strongly protects Second Amendment rights.
Permitting, Sales and Transfers
No permits are required to purchase firearms or ammunition in West Virginia. Background checks are conducted for sales through federally licensed dealers (FFLs) as required by federal law, using the National Instant Criminal Background Check System (NICS).
Private sales between individuals require no background check, permit, or registration. West Virginia law explicitly prohibits any state or local governmental unit from maintaining a registry of firearm transfers or firearm ownership.
Firearms in Public and in the Home
West Virginia is a constitutional carry state where no permit is required for open or concealed carry. Residents aged 21 and older who can legally possess firearms may carry without a permit, while non-residents must also be at least 21 years old. West Virginia honors concealed carry permits from all states that recognize West Virginia permits.
Open carry is legal without a permit for anyone 18 years or older who can legally possess a firearm. Certain locations prohibit carry, including federal buildings, courthouses, school property (except by those with permits in certain circumstances), and private property where prohibited by the owner. For those who choose to obtain a permit, West Virginia requires a firearms safety training course. Active duty military members and veterans can use their military training to satisfy the training requirement.
Firearm, Feature and Accessory Bans
West Virginia has no bans on semi-automatic firearms, detachable magazines, or firearms with specific features. There are no magazine capacity restrictions. All NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, etc.) are legal to own provided federal requirements are met. West Virginia law specifically prevents local governments from enacting any regulations more restrictive than state law.
Local Laws
West Virginia has strong statewide preemption of firearms laws. State law explicitly prohibits counties, cities, towns, and other political subdivisions from enacting any ordinance, regulation, or rule relating to firearms. This ensures uniform gun laws throughout the state and prevents local governments from creating a patchwork of regulations that could confuse gun owners and potentially criminalize otherwise lawful behavior.
2025 Gun Law Checklist
West Virginia Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
This piece discusses the ammunition and firearms laws that apply in the state of West Virginia. To do so, the piece starts with the ammo laws of the state, with an eye on explaining the requirements for having ammunition shipped to a home in the state. From there, we dive into the firearms laws, explaining the legal processes for buying a firearm in the state as well as the regulations around carrying guns in WV. To wrap up, the piece offers some resources that we think you will find useful if you are interested in legally buying, owning, and carrying guns and ammo in the state.
We do not intend this piece as legal advice and instead hope that you find the information here useful in your own research and decision-making.
Like most states, West Virginia has preemption: this means that the state has a law that prohibits smaller political subunits like counties, cities, and towns from making their own firearms laws that are stricter than those at the state level. Preemption helps gun owners since it means that once you understand the state laws, that understanding applies to the whole state on a practical level.
West Virginia is very gun-friendly and has some of the most permissive ammunition and firearms laws in the nation. There are some small quirks to the state’s ammo laws, but these do not make the state much less permissive. Most firearms and ammo regulations in the state come from the federal level: these federal laws serve as a baseline for permissiveness across the nation.
Ammo Laws/Buying Ammo in West Virginia
First, we will cover the ammo laws in West Virginia.
Generally, this state is very permissive when it comes to the actual buying and selling of ammunition. The state does, somewhat unusually, have a prohibition on advertising ammunition where someone can see it from a road or alley. This does not, however, seem to be part of a broader prohibition on billboards, since the state does have a permitting process for those.
Aside from that quirk, West Virginia does not regulate the sale of ammunition beyond those rules set by the government and enforced by the ATF. The ATF has two sets of requirements that buyers must meet in order to be able to buy ammo legally. First is an age requirement: buyers have to be eighteen or older to buy ammo for shotguns or rifles, and at least twenty-one to buy handgun ammo. Additionally, buyers cannot be prohibited persons, which the ATF defines as those who have been convicted of a felony or domestic abuse, people who have been found mentally unfit in a court of law, and people who have been involuntarily committed to a facility for mental health treatment.
As long as those requirements are met, West Virginia does not take issue with ammo being shipped to a residence in the state and buyers are free to shop online. Carriers can impose their own rules, though, such as asking for someone with a valid ID to be present to sign for a package containing ammunition.
Overall, this state’s ammo laws are governed by federal guidelines and thus are very permissive.
Gun Laws/Buying Guns in West Virginia
Next, we will do the same for gun laws.
West Virginia’s permissiveness continues in its gun laws. The state has no magazine bans, nor does it have a ban on assault rifles either by name or by a list of prohibited features. The state is also fine with its residents owning NFA items such as machine guns, suppressors, and short-barreled rifles and shotguns. Of course, federal laws still apply to NFA items, so there will be a fair bit of paperwork, waiting, and taxation involved with those items.
The process of buying a firearm from a licensed dealer in West Virginia follows federal guidelines. Buyers should come prepared to the store with a form of ID that has their current address, as well as their payment. Once there, the FFL will have the buyer fill out Form 4473 from the ATF, which serves as both a background check and a record of the purchase. Once the background check is complete and the payment accepted, the buyer can leave the same day with their purchase. WV does not impose additional waiting periods on gun purchases.
The state does not mandate that people selling firearms as private citizens conduct background checks on the buyers. It is advisable, however, to ensure that the buyer meets the requirements to own that firearm, including age and prohibited person status. Many attorneys advise a written bill of sale to stay in the clear on the matter.
West Virginia is also permissive in terms of carrying firearms. The state is fine with both open and concealed carriage of firearms and does not require a permit for either.
Many states that have permitless carry also offer concealed carry permits, and West Virginia is no exception in this regard. The permit mainly allows WV residents to carry legally in the many states that recognize WV’s permit as valid for concealed carry in their states. The process to get the permit in WV is relatively straightforward and is handled by the state police: the application is one of the least onerous in the country as the fees are low and it only requires a single course for the application.
All states have a list of places where it is generally illegal to carry a firearm. In West Virginia, that list includes:
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Courthouses
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State Capitol Buildings
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Any Private Property if Notified that Guns are Unwelcome
West Virginia’s list of prohibited places is among the shortest in the country and does not make the state less permissive. It’s also worth noting that you cannot carry a gun in most federal buildings, and that includes your local post office. Because of the private property restrictions in the state, it is always worthwhile to take a moment to look around for posted signage. Failure to abide by those signs could result in trespassing charges at the very least.
Overall, West Virginia is among the most permissive states in the country in terms of its ammunition and firearms laws. The state imposes very few regulations on the ownership or carriage of firearms and instead allows federal laws to be the major gun regulations in the state. West Virginia’s politics also make it highly unlikely that any major bans would pass at the state level. This is one of the states that will almost certainly stay gun-friendly for years, if not decades, to come.
Sales Tax on Guns/Ammo in West Virginia
The sales tax rate in West Virginia is 6%, and some localities have an additional 1% in taxes, making the effective sales tax rate in the state 7% in some spots. This is a small variance, and thus it is not likely worth shopping for an FFL in one of the lower-taxed areas.
Vermont does not impose additional, special taxes on firearms and ammunition. Because the state has no additional fees on guns or ammo, and the fee for the concealed carry permit is also quite low, the state is gun-friendly in financial terms, too.
More Resources:
Here are some resources that we think you’ll find useful in West Virginia.
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The ATF keeps a list of all FFLs within a given state, and this list is updated somewhat regularly. It can be used to find local gun stores, which are usually Type One or Type Two FFLs.
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Wheretoshoot.org is an excellent tool for finding ranges that are convenient to you. Use the zip code, city, and mileage filters to find spots to shoot. Users can add more ranges, and the information is regularly checked for accuracy.
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West Virginia has a number of well-rated gun stores as well.
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There is a relatively active subreddit for West Virginia gun owners that is a good space to keep up with relevant local events.