A West Virginia Firearm Bill of Sale is a document proving a gun’s sale and ownership transfer in West Virginia.
It contains details about the sale, such as information on the firearm transferred and the seller and buyer names and signatures.
West Virginia is a constitutional carry state, and its laws are more favorable for firearm owners.
The good news for you, if you want to sell a firearm in the state, is that there are few restrictions, but you may still wish to understand how to create a bill of sale as a transaction record.
Also note that if you buy from a licensed firearms dealer, there is a wait time because of the federal requirement for dealers and the time it takes to run the necessary background check.
Firearm laws: W. Va. Code § 8-12-5a, § 61-7-7, § 61-7-4
Restrictions: Yes
State permit to purchase: No
Registration of firearm: No
License to own: No
Assault weapon law: No
Magazine capacity restriction: No
Permit for concealed carry: No
Permit for open carry: No
How to Sell a Firearm Privately
There are no restrictions on the private sale of firearms in West Virginia.
Requirements
The law forbids localities from creating rules for selling these firearms (§ 8-12-5a).
No background check requirement is imposed on non-licensed sellers, but you may still wish to conduct a background check on the buyer.
Restrictions
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 (§ 61-7-7).
The following individuals cannot possess or purchase firearms in West Virginia:
- 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.
Gun 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 (§ 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.
Registration
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.
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 desire a concealed carry license in other states that recognize West Virginia’s license. This is a good idea if you travel often.
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 (§ 61-7-4). You must supply certain information about yourself, including:
- Name
- Date of birth
- Social Security number
- Physical description
- Place of birth
- Country of citizenship/admission number
- Driver’s license or ID
It would be best if you got your permit application notarized. You also have to meet specific requirements.
You must:
- Be 21 years old
- 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
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 per § 61-7-4(e).
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.
Step 5 – Pay Fees
Pay the $25 application fee (current as of June 2023)
Step 6 – Pass Background Check
All applicants must pass a criminal background check.
Step 7 – Wait for Approval or Denial
Your sheriff’s office will approve or deny your application within 45 days of receiving it.
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 (§ 61-7-6a).
Visitors over 21 do not need a permit to carry within the state.
West Virginia Firearm Bill of Sale Sample
Below is an example of a West Virginia firearm bill of sale.
