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WVCDL
State Researcher
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Posted: Mon Jul 14th, 2008 03:47 am |
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Norton wrote: Agent6-3/8 wrote:
State Parks as well as National Forests are A-OK for carry in WV. This is comming both from my online research as well as an email form the WVDNR. National Parks are a no go, but National Forest are A-OK.
I've OC'd several times while hiking in the Cooper's Rock State Park just outside of Morgantown and I've never had a comment from anyone.
Can you tell me the source of your research? I emailed WVDNR and got the following response:
CSR Title 58 Series 31section 2.14 it states:
2.14. Uncased firearms, uncased bows and uncased arrows are prohibited in state parks, state forests, and state wildlife management areas, and on state trails, except:
a. When the area is open for hunting (hunting is prohibited in state parks) or when a registered park or forest guest has the written permission of the area superintendent to carry them in a case from his or her lodge room, cabin or campsite to open hunting areas, or to an officially designated rifle, pistol, skeet, trap, target or shooting range;
b. Area superintendents may authorize their use in historical reenactments and plays; and
c. The Chief of Parks and Recreation, Division of Natural Resources, may authorize their use for a limited period in conjunction with recreational and arts and crafts programs.
Please don't hesitate to contact me again if I may be of further assistance.
OC in WV is problematic because of a number of firearm-related provisions in W.Va. Code §§ 20-2-5, 19a, and 42l. The CSR provision cited above is merely a corollary of W.Va. Code § 20-2-5(8), which provides as follows:
Except as authorized by the director, it is unlawful at any time for any person to:
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(8) Except as provided in section six of this article, carry an uncased or loaded gun in any of the woods of this state except during the open firearms hunting season for wild animals and nonmigratory wild birds within any county of the state unless he or she has in his or her possession a permit in writing issued to him or her by the director: Provided, That this section shall not prohibit hunting or taking of unprotected species of wild animals and wild birds and migratory wild birds, during the open season, in the open fields, open water and open marshes of the state[.]
In practice, the Chapter 20 firearm regulations are primarily applied to weapons used for hunting. See, State ex rel. West Virginia Div. of Nat. Resources v. Cline, 200 W.Va. 101, 110, 488 S.E.2d 376, 385 (1997) (Maynard, J., dissenting) (online slip opinions: majority | disent). Although not clearly indicated, the gun involved in Cline was apparently a hunting rifle.
In response to Cline, the Legislature enacted a safe harbor provision in 2002, W.Va. Code § 20-2-6a, for the otherwise lawful concealed carry of handguns by licensed individuals.
We are working on legislation to complete the job left half-finished on 2002 by rewriting all the Chapter 20 firearm rules to only apply to rifles and shotguns and expand the safe harbor statute to protect both OC and CC. A prior version of this bill (which we have extensively updated for introduction in the 2009 legislative session, which begins February 11, 2009) was introduced this year as SB 319.
Attachment: Statement on SB 319.pdf (Downloaded 15 times) Last edited on Mon Jul 14th, 2008 03:54 am by WVCDL
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wvguy
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Posted: Mon Jul 14th, 2008 06:59 am |
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Here
http://www.wvdnr.gov/hunting/gen_pistol_laws_regulations.shtm
Also there use to be a site called "packing" that had a letter from WV DNR's head LE guy saying concealed carry in state parks was OK. The site has died and I can't find a copy of that letter.
Last edited on Mon Jul 14th, 2008 07:05 am by wvguy
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Norton
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Posted: Mon Jul 14th, 2008 01:29 pm |
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Thanks Jim.
This topic is so convoluted that I'm not even convinced that I wouldn't be charged for open carrying while in WV, whether in a vehicle or not. 
I'm forced to open carry while at my camp and not completely on my property and the residents up there could care less, but if I'm off of my property and open carrying when a game warden comes up there, it looks like I could be charged for violating the hunting regs, is that right?
We like to hike some of the (private) community roads up there but there's no way I'm doing it without a firearm on my person. I wonder if the roads could be considered an extension of my property since they are not state roads and i have rights to access my property.
Any hope of a WV non-resident permit or recognition of VA's non-resident permit in the future? That would sure make things easier, though it wouldn't fix my original question on the other thread about wildlife management areas.
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Norton
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Posted: Mon Jul 14th, 2008 01:30 pm |
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CSR Title 58 Series 31section 2.14
So what is this regulation? Is it the state code or a DNR reg? I find it hard to believe that a subject that is so important as the transport and carrying of a firearm could be so contradictory because there is so much at stake.
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stepcof
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Posted: Mon Jul 14th, 2008 02:20 pm |
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gunsncrooks wrote: I know open carry is dangerous but we need to exercise our right to do so. the law is strict, but we have rights and if we don't project them we will loose them, maybe it will take a few fines to fight for open carry so folks who do not have a reciprocity with WV. can carry in our state. I am all for a national carry permit,wherever you go in the USA you can protect yourself. but the biggest problem is the very ones that have a permit usually never have it with them at the right time, they purchase a handgun to large to conceal or is just to uncomfortable to carry. purchasing a gun for concealment is like buying a pair of shoes get one that fits. I feel for those who are unfortunate to protect their lives with a gun, but there is good news there are a lot of self protection devices out there and always remember the gun is the last choice
I agree with you 100%, and the fine doesn't bother me, its the minimum 90 days in jail that concerns me!
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frommycolddeadhands
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Posted: Wed Sep 3rd, 2008 05:06 pm |
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I think it's amazing how difficult it can be to thrash through what is and isn't legal when it comes to something as simple as carrying a firearm. I was back in WV last year for hunting season (currently serving in the military) and I brought along my .38 special to take up on the mountain with me. My father saw the sixgun strapped on my belt and told me that it was illegal. We were on 77 acres of private property (not ours, an uncle) and it was broad daylight. I raised an eyebrow and asked him if he was sure, he said he was damn sure. (The old man has a CCW permit, at the time I didn't, and I'd been out of state for a couple of years) I said 'Okay' and put the sidearm back in it's case and didn't wear it the rest of the time I was down there. Later I checked up on it and I eventually found out that OC is perfectly legal.
How are we supposed to obey the law when half the people in the state don't even know what the law is? How are we supposed to defend our rights when we're not even sure which ones we still have left?
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wvguy
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Posted: Wed Sep 3rd, 2008 06:12 pm |
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While it is legal to OP in many places. DNR rules cover firearms while hunting. If you have a CCW permit like your father then you can carry a handgun for non-hunting purposes. If you do not have a CCW you need to buy a pistol Stamp with you hunting Lic. in order to carry a handgun.
frommycolddeadhands wrote:
I think it's amazing how difficult it can be to thrash through what is and isn't legal when it comes to something as simple as carrying a firearm. I was back in WV last year for hunting season (currently serving in the military) and I brought along my .38 special to take up on the mountain with me. My father saw the sixgun strapped on my belt and told me that it was illegal. We were on 77 acres of private property (not ours, an uncle) and it was broad daylight. I raised an eyebrow and asked him if he was sure, he said he was damn sure. (The old man has a CCW permit, at the time I didn't, and I'd been out of state for a couple of years) I said 'Okay' and put the sidearm back in it's case and didn't wear it the rest of the time I was down there. Later I checked up on it and I eventually found out that OC is perfectly legal.
How are we supposed to obey the law when half the people in the state don't even know what the law is? How are we supposed to defend our rights when we're not even sure which ones we still have left?
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Sig229
Member
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Posted: Wed Sep 3rd, 2008 07:11 pm |
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wvguy wrote: While it is legal to OP in many places. DNR rules cover firearms while hunting. If you have a CCW permit like your father then you can carry a handgun for non-hunting purposes. If you do not have a CCW you need to buy a pistol Stamp with you hunting Lic. in order to carry a handgun.
That may be the case for public hunting grounds where the DNR officer has jurisdiction, but on private land you can hunt with a M60 machine gun as long as the firearm is legal. So I dont see where a DNR officer comes into play regarding carrying a handgun on private land.
Now I haven't hunted in years, but thats how I understand it.
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WVCDL
State Researcher
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Posted: Wed Sep 3rd, 2008 08:11 pm |
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Sig229 wrote: That may be the case for public hunting grounds where the DNR officer has jurisdiction, but on private land you can hunt with a M60 machine gun as long as the firearm is legal. So I dont see where a DNR officer comes into play regarding carrying a handgun on private land.
Now I haven't hunted in years, but thats how I understand it.
W.Va. Code §§ 20-2-5 and 6a leave us with a confusing set of firearm laws that are not limited to hunters, contrary to popular opinion. Under § 20-2-6a, a concealed handgun licensee ia authorized to carry a concealed handgun for self-defense purposes notwithstanding the Chapter 20 firearm regulations.
BTW, W.Va. Code § 20-2-5 is not just some DNR regulation (which itself has the force and effect of law); it is a statute enacted by the Legislature and is a law itself. Although this may not help some folks, § 20-2-6a, which was enacted in 2002, overrides an array of firearm regulations to the contrary for individuals lawfully carrying concealed handguns.
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frommycolddeadhands
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Posted: Thu Sep 4th, 2008 08:26 pm |
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wvguy wrote: While it is legal to OP in many places. DNR rules cover firearms while hunting. If you have a CCW permit like your father then you can carry a handgun for non-hunting purposes. If you do not have a CCW you need to buy a pistol Stamp with you hunting Lic. in order to carry a handgun.
Thanks for the info. I was always under the impression that on private property you could carry a howitzer. I guess I just don't understand how/why the fact that I'm hunting has any bearing on the fact that I can/cannot carry a sidearm, especially if it is perfectly legal to openly carry a sidearm on public property during daylight hours anytime I please.
Why would they make a law saying I can't have a small pistol on my hip when they're obviously not concerned that I have a scoped rifle in my hands? Lawmakers are a weird bunch of ducks....
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Sig229
Member
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Posted: Thu Sep 4th, 2008 09:16 pm |
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How about this....
Can DNR officers enter private property when not invited?
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