West Virginia Statewide Rule
West Virginia Firearm Local Preemption Law
Key Facts
- Preemption Code
- W. Va. Code 8-12-5a
- Local Authority
- Cannot beyond narrow exceptions
- Restricted Facilities
- Recreation, municipal buildings
- Attorney Fees
- Prevailing plaintiffs recover
- Coverage
- Ammunition, accessories, ordnance
Summary
West Virginia broadly preempts municipal and county firearm regulation under W. Va. Code 8-12-5a, leaving most lawmaking authority to the Legislature.
Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law.
Full Breakdown
W. Va. Code 8-12-5a prohibits municipalities and counties from enacting ordinances, rules, or regulations relating to the purchase, possession, transfer, ownership, carrying, transport, sale, or storage of firearms, ammunition, or related accessories. Limited exceptions allow regulation in municipal recreation facilities and certain government buildings. The statute expressly authorizes lawsuits against localities that violate preemption, with attorney fees recoverable by the prevailing party. State law thus controls most aspects of firearm regulation throughout West Virginia.
Violations & Penalties
A locality enacting a preempted ordinance may be sued and ordered to pay attorney fees and damages to a person adversely affected.
Frequently Asked Questions
Can a West Virginia city ban open carry on city streets?
Can a city restrict firearms inside its municipal recreation center?
Sources
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