West Virginia Concealed Weapon Charges

West Virginia is a “shall-issue” state, which means that a concealed weapons permit will be issued to residents who can meet the state’s requirements. Individuals are required to successfully complete a firearms safety course and be able to pass a criminal background check. Applicants should take their course certificate with them when they apply through the local sheriff’s office in the county where they reside. If a permit is issued, it will be valid for a period of five years.

West Virginia Weapons Laws

The West Virginia gun control laws are not restrictive, but firearms are prohibited in the following areas, even if the individual has a permit to carry concealed:

• All county courthouses or any facility housing a court of the state
• The offices of family law master
• Regional jails, detention facilities or state correctional facilities
• Law enforcement offices and stations
• The grounds and property of all primary and secondary schools and on school buses
• Anywhere a school sponsored event is taking place
• The State Capitol Complex including the grounds
• Any place where a sign has been posted prohibiting firearms
• All federal government property or any place where firearms are prohibited by federal law, including the restricted areas of airports
• The cities of Charleston and Dunbar prohibit any type of weapon to be carried by a person on all municipal public properties

Openly carrying a handgun is legal in West Virginia, but the law stipulates that the weapon must be visible from three sides.

Penalties

West Virginia does not assign number or letter to felonies. The sentence for a felony offense is determined by the serious nature of the crime. The weapons penalties are outlined below:

West Virginia Plea Options

Once a person has been arrested, their first court appearance is called an arraignment where they are required to enter one of the following pleas:

• Not Guilty—If the defendant is charged with a misdemeanor offense, the case will be bound over for trial. However, felony offenses may require a grand jury be convened to determine if enough evidence exists for an indictment.
• Plead Guilty—The only time anyone should plead guilty is when the prosecutor has offered a deal in which the defendant pleads to a less serious offense.
• Nolo Contendere—This is a Latin term meaning that the defendant will not contest the charges but is not required to openly admit guilt for the crime.

Legal Advice From a West Virginia Criminal Defense Attorney

Anyone who has been charged with a crime should consult with an experienced criminal defense attorney. Each case is different and it’s important to find out how much evidence the prosecutor has against the person. First-time offenders may be eligible to enter a diversion program, so it’s important to contact an attorney right away for advice.