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 West Virginia Firearm Bill of Sale as a transaction record.
- What is a West Virginia Firearm Bill of Sale?
- What Are the Requirements for Selling a Firearm in West Virginia?
- Documents Needed To Complete a Firearm Bill of Sale in West Virginia
- Additional West Virginia Firearm Laws
- Concealed and Open Carry Laws in West Virginia
- West Virginia Firearm Reciprocity
- How To Write a Firearm Bill of Sale in West Virginia
- West Virginia Firearm Bill of Sale Sample
What is a West Virginia Firearm Bill of Sale?
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.
What Are the Requirements for Selling a Firearm in West Virginia?
As is typical with constitutional carry states, West Virginia has few laws that restrict the actions of legal firearm owners.
This freedom also extends to firearm sales, which are fairly unregulated in this state.
Private Parties Selling Firearms in West Virginia
There are no restrictions on the private sale of firearms in West Virginia. The law forbids localities from creating rules for selling these items (West Virginia Code Section 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.
State and federal laws require that you refrain from selling a firearm to a prohibited person for safety and security reasons.
Does the Law in West Virginia Require a Firearm Bill of Sale?
You do not need to draw up a West Virginia firearm bill of sale to make your transaction legal. It is advised to create one for your records.
It can serve as evidence if there is a future issue involving the gun.
Gun Inheritance Laws in West Virginia
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 (West Virginia Code Section 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.
Documents Needed To Complete a Firearm Bill of Sale in West Virginia
If you decide to create a West Virginia firearm bill of sale, you will need to ensure that you include certain information:
- Names, addresses, and contact information for you and the buyer, as well as copies of driver’s licenses or state IDs
- Date and amount of sale
- Firearm description and serial number
Additional West Virginia Firearm Laws
Who Cannot Purchase a Firearm in West Virginia?
While the state is liberal with its gun laws, there are still restrictions on who can possess firearms due to concerns over public safety (West Virginia Code Section 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 U.S.
- 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.
Does West Virginia Have a Waiting Period for Firearm Sales?
There is no waiting period for firearm purchases in the state.
Do note that if you buy from a licensed firearms dealer, there is a wait time because of the federal requirement and the time it takes to run the background check.
Can You Buy a Firearm in West Virginia Without Registering It?
A right for all individuals purchasing firearms in West Virginia is not to have to register guns.
Does a Firearm Bill of Sale Have To Be Notarized in West Virginia?
Notarization is not required since you do not have to create a West Virginia firearm bill of sale.
However, drawing up a bill of sale and getting it notarized is a good idea. Having the notary‘s seal helps validate the signatures.
Make sure to get your signature and the buyer’s signature notarized.
Is a Record of Firearms Sent to Police in West Virginia?
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 and Open Carry Laws in West Virginia
How To Apply To Carry a Firearm in West Virginia
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.
The Application for Concealed Handgun (Pistol/Revolver) License is provided by the West Virginia State Police.
You will apply through your county sheriff (West Virginia Code Section 61-7-4). You must supply certain information about yourself, including:
- 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.
- 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
West Virginia Firearm 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 (West Virginia Code Section 61-7-6a).
Visitors over 21 do not need a permit to carry within the state.
How To Write a Firearm Bill of Sale in West Virginia
When creating your West Virginia firearm bill of sale, follow these steps.
Step 1 – Local Laws
Make sure to review state and local firearm laws.
Step 2 – Background Check
Conduct a background check on the buyer (optional).
Step 3 – Meeting
Meet with the buyer in person.
Step 4 – Permits
Make copies of any permits and identification from the buyer.
Step 5 – Bill of Sale
Complete the West Virginia firearm bill of sale form.
West Virginia Firearm Bill of Sale Sample
Below is an example of a West Virginia firearm bill of sale.