A West Virginia firearm bill of sale is a legal document that establishes a record of the conveyance of ownership of a firearm. It protects the buyer and seller by declaring the new owner and describes essential transaction details, such as the purchase price and the firearm’s make and model.
State Laws for Selling a Gun in West Virginia
Minimum Age to Purchase
Individuals must adhere to federal law, meaning they must be 21 to purchase handguns and 18 to purchase long guns.
Permit for Purchase
No permit is necessary for firearm purchases in West Virginia.
Furthermore, the law forbids localities from creating rules for selling these firearms. [1]
No background check requirement is imposed on non-licensed sellers, but sellers may still wish to conduct a background check on the buyer.
Register a Gun
A right for all individuals purchasing firearms in West Virginia is not to have to register guns. Police do not keep records of firearms in the state.
Any information collected to run a background check for a concealed carry permit is used only for the background check and is not kept on file to create any registry or record.
Open Carry Permit
Individuals 18 and older can openly carry a firearm without a license or permit as long as they obey all other laws and adhere to applicable restrictions. [2]
Concealed Carry Permit
There is no requirement to get a permit or license to carry a gun in the state as long as the person is age 21 or older and is not otherwise prohibited from possessing a firearm.
However, you may obtain a concealed carry license so that other states can recognize the license. [3]
If you’re 18, 19, or 20, you may consider getting a provisional concealed carry license. [4]
How to Apply
The Application for Concealed Handgun (Pistol/Revolver) License is provided by the West Virginia State Police.
You will apply through your county sheriff. Prepare to supply certain information about yourself, including the following:
- Name
- Date of birth
- Social Security number
- Physical description
- Place of birth
- Country of citizenship/admission number
- Driver’s license or ID
You also have to meet specific requirements. You must:
- Be 21 years old (unless you’re applying for a provisional license)
- Have no substance addiction (cannot have two or more DUIs or court-ordered treatment)
- Have no felony convictions
- Have no violent misdemeanor charges
- Have no pending criminal matters
- Have no mental incompetence judgments
- Provide proof of a completed firearm safety training course
- Submit a background check
Here are the steps to follow to apply:
- Step 1 – Fill Out Application: Complete an Application for Concealed Pistol/Revolver License.
- Step 2 – Show Training Documentation: Attach proof of completion of a recognized safety training course.
- Step 3 – Get Application Notarized: You must have your application notarized before submission.
- Step 4 – Submit Application: Turn in your application to your local sheriff’s department and pay the $50 application fee.
- Step 5 – Pass Background Check: All applicants must pass a criminal background check.
- Step 6 – Wait for Approval or Denial: Your sheriff’s office will approve or deny your application within 45 days of receipt.
Gun Reciprocity
The state honors all valid permits or licenses from other states as long as the holder is at least 21 years old, has the physical permit on their person, and the other state honors West Virginia’s permit. [5]
Visitors over 21 do not need a permit to carry within the state.
Restrictions on Firearm Ownership
State and federal laws require that you refrain from selling a firearm to a prohibited person for safety and security reasons. While the state is liberal with its gun laws, there are still restrictions on who can possess firearms due to concerns over public safety.
The following individuals cannot possess or purchase firearms in West Virginia: [6]
- Convicted felons
- Those with controlled substance addictions
- Anyone deemed mentally incompetent or committed to a mental institution by court order
- People illegally or unlawfully in the US.
- Persons dishonorably discharged from the military
- Those subject to a domestic violence protection order
- Those with misdemeanor convictions for domestic violence
Federal law applies to purchasing bans, but state law covers the same conditions.
Firearm Inheritance Laws
The same rules apply to inheriting a firearm as do to private sales. The only caution is to be careful about leaving a gun to an underage heir.
The law prohibits possession by minors except when they are on family property, with permission from parents on other property, or for hunting purposes (W. Va. Code § 61-7-8).
Legally, minors cannot own a firearm, so you may want to consult with an attorney for more instruction on how to leave a minor a firearm in your will.
