Is Open Carry Legal in West Virginia? (2026)
Partially — Open Carry is legal with restrictions in West Virginia as of 2026.
Law changed in 2016: West Virginia became a constitutional carry state in 2016, which was the last major change to its carry laws.
Quick Answer
Open carry of firearms is legal with restrictions in West Virginia without a permit for adults who are legally allowed to possess firearms. West Virginia became a constitutional carry state in 2016, which was the last major change to its carry laws.
- Age restriction: 18+ for long guns, 21+ for handguns
What the Law Says
West Virginia law allows for both open and concealed carry without a permit for any person who is legally able to possess a firearm. There are no criminal penalties for lawful open carry.
— W. Va. Const. art. III, § 22
| Category | Details |
|---|---|
| Open Carry Rules | Legal without permit for eligible adults |
| Permit Requirements | Legal through licensed dealers |
| Penalties | Prohibited in certain locations (schools, courthouses, etc.). |
| Minimum Age | 18+ for long guns, 21+ for handguns |
| Pending Legislation | None known |
West Virginia became a constitutional carry state in 2016, which was the last major change to its carry laws.
Enforcement Reality
West Virginia is a constitutional carry state, allowing for both open and concealed carry without a permit for anyone who can legally possess a firearm. Open carry is legal and accepted.
A common mistake is carrying a firearm on school property or in a courthouse.
Local Exceptions
None identified. State law applies uniformly across West Virginia. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Open Carry is legal with restrictions in West Virginia. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
West Virginia vs. the Rest of the US
Across the US, open carrying a firearm is fully legal in 0 states, restricted in 45, and illegal in 5. West Virginia falls in the RESTRICTED category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Open Carry:
Frequently Asked Questions
Is open carrying a firearm legal in West Virginia?
What are the restrictions on open carrying a firearm in West Virginia?
What mistakes do people make with open carrying a firearm in West Virginia?
What is the minimum age for open carrying a firearm in West Virginia?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
Comprehensive West Virginia Legal Guides
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