National Carry AcademyNotes
January 13, 2016
The state of West Virginia Consider on a Loaded Firearm
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts. What is Loaded.
(9) Have in his or her possession a crossbow with a nocked bolt, rifle or shotgun from which all cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. For the purposes of this section, a rifle or shotgun whose magazine readily detaches is considered unloaded if the magazine is detached, and no cartridges remain in the rifle or shotgun itself. Except as hereinafter provided, between five o’clock postmeridian of one day and seven o’clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, may be so carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o’clock postmeridian to five o’clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;
State Emergency Powers
§15-5-6. Emergency Powers of Governor.
The provisions of this section shall be operative only during the existence of a state of emergency. The existence of a state of emergency may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in such proclamation, or the Legislature in such resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency, whether proclaimed by the Governor or by the Legislature, shall terminate upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a concurrent resolution terminating such emergency. So long as such state of emergency exists, the Governor shall have and may exercise the following additional emergency powers:
(a) To enforce all laws and rules relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;
(b) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on such terms and conditions as he or she shall prescribe and without regard to the limitations of any existing law and to account to the State Treasurer for any funds received for such property;
(c) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation proceedings within thirty days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute such materials and facilities. Compensation for property so procured shall be made in the manner provided in chapter fifty-four of this code;
(d) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her contingent funds or such other funds as may be available to him or her;
(e) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take such steps as are necessary for the receipt and care of such evacuees;
(f) To control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein;
(g) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;
(h) To utilize such available resources of the state and of its political subdivisions as are reasonably necessary to cope with the emergency;
(i) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles;
(j) To make provision for the availability and use of temporary emergency housing; and
(k) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
No powers granted under this section may be interpreted to authorize any action that would violate the prohibitions of section nineteen-a of this article. (See 19a below)
§15-5-19a. Possession of Firearms During A Declared State of Emergency.
(a) No person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during any federal or state declared state of emergency:
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage or display of an firearm or ammunition.
(2) Seize, confiscate, or authorize the seizure or confiscation of any otherwise lawfully- possessed firearm or ammunition unless:
(A) The person acting on behalf of or under the authority of the state or political subdivision is:
(i) Defending himself or another from an assault; or,
(ii) Arresting a person in actual possession of a firearm or ammunition for a violation of the law; or
(B) The firearm or ammunition is being seized or confiscated as evidence of a crime; or
(3) Requires registration of any firearm or ammunition.
(b) The prohibitions of subsection (a)(1) do not prohibit the state or an authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses in the affected area during a declared state of emergency.
(c) Any individual aggrieve4
(d) In addition to any other remedy at or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of such firearm or ammunition in the circuit court of the county in which the individual resides or in which such firearm or ammunition is located.
(e) In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney fees.
Minimum Age for Possessing and Transporting of Handguns.
West Virginia 18 Y/O §61-7-8
18 years old is the minimum age that can carry and transporting an unloaded handgun and bring into a vehicle without the presence or carrying any type of license or permit.
Note: This restriction is not applicable for some states. For some state carrying and transporting a handgun can be found in Gun Shop, Shooting range and other places that legally possessing a firearm.
Notes
January 13, 2016
The state of West Virginia Consider on a Loaded Firearm
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts. What is Loaded.
(9) Have in his or her possession a crossbow with a nocked bolt, rifle or shotgun from which all cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. For the purposes of this section, a rifle or shotgun whose magazine readily detaches is considered unloaded if the magazine is detached, and no cartridges remain in the rifle or shotgun itself. Except as hereinafter provided, between five o’clock postmeridian of one day and seven o’clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, may be so carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o’clock postmeridian to five o’clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;
State Emergency Powers
§15-5-6. Emergency Powers of Governor.
The provisions of this section shall be operative only during the existence of a state of emergency. The existence of a state of emergency may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in such proclamation, or the Legislature in such resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency, whether proclaimed by the Governor or by the Legislature, shall terminate upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a concurrent resolution terminating such emergency. So long as such state of emergency exists, the Governor shall have and may exercise the following additional emergency powers:
(a) To enforce all laws and rules relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;
(b) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on such terms and conditions as he or she shall prescribe and without regard to the limitations of any existing law and to account to the State Treasurer for any funds received for such property;
(c) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation proceedings within thirty days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute such materials and facilities. Compensation for property so procured shall be made in the manner provided in chapter fifty-four of this code;
(d) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her contingent funds or such other funds as may be available to him or her;
(e) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take such steps as are necessary for the receipt and care of such evacuees;
(f) To control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein;
(g) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;
(h) To utilize such available resources of the state and of its political subdivisions as are reasonably necessary to cope with the emergency;
(i) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles;
(j) To make provision for the availability and use of temporary emergency housing; and
(k) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
No powers granted under this section may be interpreted to authorize any action that would violate the prohibitions of section nineteen-a of this article. (See 19a below)
§15-5-19a. Possession of Firearms During A Declared State of Emergency.
(a) No person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during any federal or state declared state of emergency:
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage or display of an firearm or ammunition.
(2) Seize, confiscate, or authorize the seizure or confiscation of any otherwise lawfully- possessed firearm or ammunition unless:
(A) The person acting on behalf of or under the authority of the state or political subdivision is:
(i) Defending himself or another from an assault; or,
(ii) Arresting a person in actual possession of a firearm or ammunition for a violation of the law; or
(B) The firearm or ammunition is being seized or confiscated as evidence of a crime; or
(3) Requires registration of any firearm or ammunition.
(b) The prohibitions of subsection (a)(1) do not prohibit the state or an authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses in the affected area during a declared state of emergency.
(c) Any individual aggrieve4
(d) In addition to any other remedy at or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of such firearm or ammunition in the circuit court of the county in which the individual resides or in which such firearm or ammunition is located.
(e) In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney fees.
Minimum Age for Possessing and Transporting of Handguns.
West Virginia 18 Y/O §61-7-8
18 years old is the minimum age that can carry and transporting an unloaded handgun and bring into a vehicle without the presence or carrying any type of license or permit.
Note: This restriction is not applicable for some states. For some state carrying and transporting a handgun can be found in Gun Shop, Shooting range and other places that legally possessing a firearm.