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Old August 10, 2010, 10:29 AM   #12
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by dabigguns357
I would like to have the chance to choose one way or the other.

Here in West Virginia if you have a Permit your gun has to be concealed,if you don't have a permit your gun has to be out in the open.I think if you have a permit it should be your choice.
You may want to research your state laws, becuase the information you have received is erroneous. A permit gives you the OPTION to conceal. It does NOT require you to conceal. The would be like saying that because you have a license to drive a car, you can no longer ride a bicycle which requires no license.

West Virginia has state preemption of firearms laws, so open carry is legal across the state of WV whether or not you have a permit. EXCEPT, open carry bans established in municipalities that existed before the preemption statute are still in effect - so in some cities, such as Charleston, open carry is prohibited - whether the person has a permit or not.

http://www.legis.state.wv.us/WVCODE/...ction=5A#12#12

Quote:
WEST VIRGINIA CODE

ยง8-12-5a. Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.

The provisions of section five of this article notwithstanding, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition. Nothing herein shall in any way impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution: Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section: Provided, however, That no provision in this section may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.
Here is your concealed weapons codes:
http://www.legis.state.wv.us/WVCODE/...ap=61&art=7#07

You will not find anything in the statute that prohibits open carry - with or without a permit.

Last edited by NavyLT; August 10, 2010 at 10:45 AM.
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