Ahh I see. Good for you , did your homework Wayne ! Smart man. One thing to keep in mind with that is that..... Open carry is unrestricted under state law however; some localities may regulate this independently....Vehicle carry ; All firearms MUST be UNLOADED and may be carryed in PLAIN VIEW EXCEPT at NIGHT when they MUST ALSO be CASED............Open Carry OUTSIDE your vehicle , That's just asking for trouble for anybody there. In alot of cases , ( Traveler or Resident ) you can be Arrested and charged with Poaching unless you hold a WV. RECONGNIZED LICENSE TO CARRY A CONCEALED WEAPON.... Travel Safe !Wayne wrote:WV. law allows open carry in your car. You do not need a permit to do so.Concealed and Confused wrote:Wayne wrote:I have been in West Virginia all week and I am still here. Been keeping my gun on the seat next to me while driving. I sure hope I don't have any bad LEO stops.
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Called the WV. state police. Was told WV. state law preempts all local municipalities from making their own firearms laws.This apply's everywhere in the state except Charleston and Dunbar. Open carry is legal in the state in your car but some LEOs may take offense.Concealed and Confused wrote:Ahh I see. Good for you , did your homework Wayne ! Smart man. One thing to keep in mind with that is that..... Open carry is unrestricted under state law however; some localities may regulate this independently....Vehicle carry ; All firearms MUST be UNLOADED and may be carryed in PLAIN VIEW EXCEPT at NIGHT when they MUST ALSO be CASED............Open Carry OUTSIDE your vehicle , That's just asking for trouble for anybody there. In alot of cases , ( Traveler or Resident ) you can be Arrested and charged with Poaching unless you hold a WV. RECONGNIZED LICENSE TO CARRY A CONCEALED WEAPON.... Travel Safe !Wayne wrote:WV. law allows open carry in your car. You do not need a permit to do so.Concealed and Confused wrote:
Never Have So Many Owed So Much To So Few.
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But the West Virginia State Police promise to stick a gun in your ear if you do:Wayne wrote:Open carry is legal in the state in your car but some LEOs may take offense.
You just gotta love West Virginia...the West Virginia State Police Legal Section wrote:If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
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Well Wayne. I can only hope you did not get a hold of one of the LEO's who don't seem to really know their laws ! All I know is what the law reads and , it does read word for word as I posted. It says not a thing about what LEO's THINK or FEEL but , just states the LAW as it is. And yes OPEN carry is unrestricted under state law HOWEVER, you might want to call um back and ask again about VEHICLE CARRY because that is NOT what the law states. It does however say things such as ALL FIREARMS , UNLOADED ,DAYLIGHT HOURS PLAIN VIEW ,SECURELY CASED , EVENING HOURS, ARRESTED and, I also called them (spoke with a capton) and don't know why we get different answers here but, they told me , I was reading the law right , just as I stated so, all I can say is be DAMN CAREFUL there. Sounds a bit fishy to me..Don't know really why it would be in the laws if it's not the law or why he says I'm right but, it's you there not me. If you get pulled over and your guns loaded, or at night and it's not also cased. I hope me and the Capton I talked to are wrong or the officer who pulls you over don't know the laws in his or her state ... One of my best firends lives there also and, he says I'm reading it right as well so, I dunno man. Like I said, it you not me
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Often the law as written is not at all the same as the law as it is enforced. Ohio is an open carry state, too, but try it and see what happens.Concealed and Confused wrote:Sounds a bit fishy to me..Don't know really why it would be in the laws if it's not the law or why he says I'm right but, it's you there not me.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
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I think you all are getting the hunting end of the law mixed in with the defensive end. A lot would depend on where exactly you might be and what you have in plain sight on the seat. A really short defense type side arm on a main highway would be one thing. A 8 3/8" 44 mag on the seat in the fall of the year on a back road and maybe a big flashlight or mine light in the passenger area and the Wildlife folks are gonna burn you. IF you are traveling and look like it your gonna talk with a trooper, if you are out shinin' deer I hope you don't enjoy your stay there! Just my 2 cents worth on it.
Last edited by Willy P on Thu Sep 15, 2005 10:57 am, edited 1 time in total.
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Concealed and Confused wrote:Well Wayne. I can only hope you did not get a hold of one of the LEO's who don't seem to really know their laws ! All I know is what the law reads and , it does read word for word as I posted. It says not a thing about what LEO's THINK or FEEL but , just states the LAW as it is. And yes OPEN carry is unrestricted under state law HOWEVER, you might want to call um back and ask again about VEHICLE CARRY because that is NOT what the law states. It does however say things such as ALL FIREARMS , UNLOADED ,DAYLIGHT HOURS PLAIN VIEW ,SECURELY CASED , EVENING HOURS, ARRESTED and, I also called them (spoke with a capton) and don't know why we get different answers here but, they told me , I was reading the law right , just as I stated so, all I can say is be DAMN CAREFUL there. Sounds a bit fishy to me..Don't know really why it would be in the laws if it's not the law or why he says I'm right but, it's you there not me. If you get pulled over and your guns loaded, or at night and it's not also cased. I hope me and the Capton I talked to are wrong or the officer who pulls you over don't know the laws in his or her state ... One of my best firends lives there also and, he says I'm reading it right as well so, I dunno man. Like I said, it you not me
- I do not know who you talked to or who your friend is but I lived in WV. for many... years and I have many friends there also who are avid hunters shooters and sportsman.
- I think you are taking WV. code 20-2-5 out of context which states(9) Have in his or her possession a loaded firearm or a firearm from the magazine of which all shells and 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. 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, being lawfully carried in accordance with the foregoing provisions, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, 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;
- Note where it says except as may otherwise be provided by law or regulation.
- Then go to the WV. State Police web site and see what they have to say about it.
Never Have So Many Owed So Much To So Few.
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Just trying to help Wayne. All I know is what I have read and then my call to WV. Nothing I saw , see or been told says not a thing about dates and times except for the evening and daytime hours. Not a thing was said about anything to do with hunting or hunting times and or dates. The laws are written in too many places and in too many ways for any of us to really know what the hell they really want out of us . All I'm saying is, be careful you don't get unwantedly screwed. We all know MOST LEO's are cool but, it's the strange ones we are worried about....I'm in no way telling you how to carry or not. Just do NOT want to see someone with nads enough to carry get a nasty screwin over misunderstood laws by our (unclear LEO's ). If I think I can help, I'll surely try. Motor Safe my friend
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tommcnaughton wrote:Often the law as written is not at all the same as the law as it is enforced. Ohio is an open carry state, too, but try it and see what happens.Concealed and Confused wrote:Sounds a bit fishy to me..Don't know really why it would be in the laws if it's not the law or why he says I'm right but, it's you there not me.
You said it tommcnughhton.......
That's a really big scarey part and why we all try to help as we can here ! .... MAYBE someday "WE THE PEOPLE" will understand. All WE want is to be left alone and the high up's to understand. This is ALL about protecting ourselves and or families and if needbe , others. We're not out here looking for our next target ! Or trying to be LEO's..We only want to be able to cover that 20 min. lag time it may take for them to get to out to the need of protection wWE may be in need of.
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As a rule most LEOs are gun friendly. Unfortunately, when you meet the one who is not, you may end up in jail...Wayne wrote:I packed a gun in WV. for a lot of years before WV. even had a concealed permit system. Most LEOs in the state are really gun friendly if you are not being a jerk,at least they were fifteen years ago.
I wonder if the vague conditions of firearms carry and general lack of clarity of the law contribute to Ohio's refusal of reciprocity with West Virginia.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.