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RUGERP904U
Regular Member
| Joined: | Tue Jun 20th, 2006 |
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Posted: Tue Jun 20th, 2006 10:36 pm |
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| IN WEST VIRGINIA IT IS LEGAL TO OPEN CARRY A HANDGUN AS LONG AS THE HANDGUN IS VISIBLE
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ilbob
Activist Member
| Joined: | Tue May 9th, 2006 |
| Location: | Illinois USA |
| Posts: | 773 |
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Posted: Tue Jun 20th, 2006 11:18 pm |
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RUGERP904U wrote: IN WEST VIRGINIA IT IS LEGAL TO OPEN CARRY A HANDGUN AS LONG AS THE HANDGUN IS VISIBLE
How much of it has to be visible? All of it? Just the grips? If part of the gun is obscrued by a holster is it concealed?
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badmonkey
Regular Member
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Posted: Thu Sep 14th, 2006 11:03 pm |
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ilbob wrote: RUGERP904U wrote: IN WEST VIRGINIA IT IS LEGAL TO OPEN CARRY A HANDGUN AS LONG AS THE HANDGUN IS VISIBLE
How much of it has to be visible? All of it? Just the grips? If part of the gun is obscrued by a holster is it concealed?
(10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.
Taken directly from the WV code.
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sdelam
Regular Member
| Joined: | Tue Mar 27th, 2007 |
| Location: | Missouri USA |
| Posts: | 11 |
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Posted: Tue Mar 27th, 2007 04:18 pm |
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| So if one was to carry IWB and tuck ones shirt behind the grip is that considered open. Sorry but the above code seems very vague to me. i ahve a Mo permit and my wife has family in WV. I normally carry IWB just want to make sure I'm not breaking the rules.
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badmonkey
Regular Member
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Posted: Wed Mar 28th, 2007 03:48 am |
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That is debateable. I would recommend, if you want to OC, to get an OWB holster. While IWB may be "legal" it leaves a grey area for police and may cause an unwanted hassle.
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Monty
Regular Member
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Posted: Sat Mar 31st, 2007 05:19 am |
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badmonkey wrote: That is debateable. I would recommend, if you want to OC, to get an OWB holster. While IWB may be "legal" it leaves a grey area for police and may cause an unwanted hassle.
Agree, if you are going to open carry don't do with with a concealed carry holster. Setting yourself up for trouble.
Monty
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Sig229
Regular Member
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Posted: Thu May 24th, 2007 06:17 am |
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Monty wrote: badmonkey wrote: That is debateable. I would recommend, if you want to OC, to get an OWB holster. While IWB may be "legal" it leaves a grey area for police and may cause an unwanted hassle.
Agree, if you are going to open carry don't do with with a concealed carry holster. Setting yourself up for trouble.
Monty
Very true.
Lets also not forget one important rule in determining a court case. Its called "intent"
Having an IWB holster could be grounds for intending to conceal the handgun.
Although you may have no intention of doing that, you had the means and equipment to do so.
Just a thought.....
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thorsmitersaw
Regular Member
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Posted: Thu Jul 5th, 2007 05:53 am |
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is there state preemption?
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badmonkey
Regular Member
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Posted: Fri Jul 6th, 2007 04:23 am |
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thorsmitersaw wrote: is there state preemption?
Yes but any locality that had a law in effect prior to preemption was grandfathered in. The only two confirmed ones I know of are Charleston and Dunbar.
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Tomahawk
Regular Member
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Posted: Fri Jul 6th, 2007 11:28 pm |
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What about GW and TJ National Forests? I often hike across the border between the two states.
Also, is Martinsburg preemtped?
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WV XD Guy
Regular Member
| Joined: | Sun Jun 25th, 2006 |
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Posted: Sat Jul 7th, 2007 09:56 pm |
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Martinsburg is not preempted. I open carry there all the time and have never had anything said about it.
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badmonkey
Regular Member
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Posted: Sun Jul 8th, 2007 04:02 am |
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Tomahawk wrote: What about GW and TJ National Forests? I often hike across the border between the two states.
Also, is Martinsburg preemtped?
National Forests are a whole 'nother animal. If you are carrying a firearm and it's not hunting season you could be setting yourself up for trouble. I'm not sure of the actual legality of it, it could be perfectly legal, but I personally choose not to.
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Tomahawk
Regular Member
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Posted: Sun Jul 8th, 2007 05:02 am |
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badmonkey wrote: Tomahawk wrote: What about GW and TJ National Forests? I often hike across the border between the two states.
Also, is Martinsburg preemtped?
National Forests are a whole 'nother animal. If you are carrying a firearm and it's not hunting season you could be setting yourself up for trouble. I'm not sure of the actual legality of it, it could be perfectly legal, but I personally choose not to.
Well, that was the question...
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badmonkey
Regular Member
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Posted: Sun Jul 8th, 2007 11:13 pm |
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Tomahawk wrote: badmonkey wrote: Tomahawk wrote: What about GW and TJ National Forests? I often hike across the border between the two states.
Also, is Martinsburg preemtped?
National Forests are a whole 'nother animal. If you are carrying a firearm and it's not hunting season you could be setting yourself up for trouble. I'm not sure of the actual legality of it, it could be perfectly legal, but I personally choose not to.
Well, that was the question... Just stating my preference about choosing not to.
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Sig229
Regular Member
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Posted: Mon Jul 9th, 2007 07:46 am |
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badmonkey wrote: Tomahawk wrote: badmonkey wrote: Tomahawk wrote: What about GW and TJ National Forests? I often hike across the border between the two states.
Also, is Martinsburg preemtped?
National Forests are a whole 'nother animal. If you are carrying a firearm and it's not hunting season you could be setting yourself up for trouble. I'm not sure of the actual legality of it, it could be perfectly legal, but I personally choose not to.
Well, that was the question...
As long as its legal to OC in the state of which the National FOREST is located, you are 100% legal.
I remember OC'ing in the Pawnee Grasslands (N. Forest), Arapaho National Forest and the Roosevelt National Forest in Wyoming and Colorado and chit-chatting with Rangers. They never even blinked about my Open carry.
Hell, about 90% of the people going to those parks were Open carrying.
So the law? If its legal to OC in the state, YES you can OC in a National forest. But make sure you DO NOT OC in a National Park. National parks are totally different "animals" when it comes to the law.
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Tomahawk
Regular Member
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Posted: Mon Jul 9th, 2007 07:51 am |
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Sig229 wrote:
As long as its legal to OC in the state of which the National FOREST is located, you are 100% legal.
Not exactly true. In VA, for example, National Forests are run by the Dept. of Game and Inland Fisheries, which allows only CC w/ permit. DGIF employees do not really enforce this OC ban, however, it still lurks in the administrative code. (We're working on fixing it)
It would be more proper for you to say that National Forests are administered by the states in which they exist. What the states do with these lands is not always how they treat other public spaces.
So I'd like to know what WV's policy is before I stumble across some ranger in the woods while OC'ing and find out the hard way.
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Sig229
Regular Member
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Posted: Mon Jul 9th, 2007 07:55 am |
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Last edited on Mon Jul 9th, 2007 07:55 am by Sig229
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badmonkey
Regular Member
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Posted: Mon Jul 9th, 2007 04:32 pm |
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And then there's something like the New River Gorge National River. Park? Forest? I won't carry there because I've never seen any laws on it. Anyone know?
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ccloud43
Regular Member
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Posted: Thu Aug 16th, 2007 08:32 pm |
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WV XD Guy wrote: Martinsburg is not preempted. I open carry there all the time and have never had anything said about it.
Thanks for answering my question before i asked. I will be traveling to Martinsburg at the end of the month and will stay overnight. Now that I know I can OC. I was still wondering if there is reciprocity between WV and Va on CC permits? Just in case I might want to CC while im there. It used to be on the VCDL website but I cant find it there anymore.
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Agent6-3/8
Regular Member
| Joined: | Fri Nov 10th, 2006 |
| Location: | West Virginia USA |
| Posts: | 117 |
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Posted: Fri Aug 17th, 2007 02:10 am |
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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.
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