Updated September 14, 2023
A West Virginia firearm bill of sale is a document that is used to prove the sale and purchase of a firearm, usually between private parties, in the State of West Virginia. The form contains necessary information regarding the change of ownership, specific information pertaining to the firearm, and identifying details regarding the seller and buyer. This document will require notarization and may be required for the submission of a permit to carry a concealed weapon.
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Privately Selling a Firearm
Any person who can legally own and purchase a firearm in West Virginia can also sell one in a private transaction without a dealer’s license.
Prohibited from Buying
A person is prohibited from owning or purchasing a firearm in West Virginia if that person:[1]
- Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- Is habitually addicted to alcohol;
- Is an unlawful user of or habitually addicted to any controlled substance;
- Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession: Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;
- Is an alien illegally or unlawfully in the United States;
- Has been discharged from the armed forces under dishonorable conditions;
- Is subject to a domestic violence protective order that:
- Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
- Restrains such person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
- Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
- By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
- Has been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine of said article or a federal or state statute with the same essential elements in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense or has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.
Registering a Firearm
West Virginia does not have any laws requiring private firearm owners to register their weapons with the state.
Concealed Carry
A license is not required for an individual that meets the age and legal eligibility requirements to carry a concealed weapon in public in the state of West Virginia.[2]
The state does offer a Concealed Pistol/Revolver License for anyone between the ages of eighteen (18) and twenty-one (21) that wants to concealed carry, as well as for any resident eighteen (18) or older who wishes to obtain it for reciprocity with other states.[3]
How to Apply
The age requirement to carry a concealed weapon in West Virginia is twenty-one (21).[3]
Step 1 – Complete an Application for Concealed Pistol/Revolver License.
Step 2 – Attach proof of completion of a recognized handgun and safety training course.[4]
Step 3 – Get the application notarized.[5]
Step 4 – Submit the application to the local sheriff’s department.
Step 5 – Pay the $25 application fee.[6]
Step 6 – Pass a criminal background check.
Step 7 – The sheriff’s office will approve or deny the application within forty-five (45) days of receiving it.[7]
Reciprocity
West Virginia will recognize the concealed carry licenses from all U.S. states.[8]