West Virginia Gun Laws
Constitutional carry. No magazine limit. Castle doctrine and stand your ground.
Last reviewed against official sources on 2026-09-25. Official state source.
West Virginia allows constitutional carry for adults 18+ (lowered from 21+ by a 2026 law). The state has both castle doctrine and stand your ground protections. No magazine limits, assault weapon bans, or waiting periods exist.
Key facts
- Concealed Carry: Constitutional carry — no permit required for adults 18+ (W. Va. Code § 61-7-7)
- Open Carry: Permitted without a permit
- Permit to Purchase: Not required
- Assault Weapon Ban: No ban
- Magazine Limit: No limit
- Waiting Period: None
- Universal Background Check: Not required for private sales
- Red Flag Law (ERPO): No state ERPO law
- Castle Doctrine: Yes (W. Va. Code § 55-7-22)
- Stand Your Ground: Yes (W. Va. Code § 55-7-22)
- Concealed Carry Reciprocity: Honors permits (holders 21+) only from states that recognize West Virginia's license; visitors 18+ can carry concealed here without one anyway (W. Va. Code § 61-7-6a)
Frequently asked questions
Do I need a permit to carry in West Virginia?
No. West Virginia is a constitutional carry state. As of HB 4106 (signed April 1, effective June 12, 2026), adults 18 and older may carry concealed or openly without a permit (previously 21).
Does West Virginia require background checks for private sales?
No. Private firearm sales in West Virginia do not require a background check.
Does West Virginia have a waiting period?
No. West Virginia does not impose a waiting period for firearm purchases.
Does West Virginia have a red flag law?
No. West Virginia has not enacted an extreme risk protection order law.
Does West Virginia recognize concealed carry permits from other states?
West Virginia recognizes out-of-state permits held by nonresidents 21+ only from states that reciprocally honor West Virginia's license. Because West Virginia is a constitutional carry state, an adult 18 or older who can legally possess a firearm doesn't need a permit — from West Virginia or elsewhere — to carry concealed here.
Not legal advice. Laws change; verify with official sources.