Private firearms transfers (i.e., transfers by individuals who are not licensed dealers) are not subject to a background check requirement in West Virginia. No person may knowingly sell, rent, give or lend a firearm to a person prohibited by federal or state law from possessing firearms.1

West Virginia prohibits any person from publicly displaying or offering for sale or rent any firearm or ammunition where a passerby on a street, road or alley can see it.2

Moreover, any person who gives or sells to any patient legally committed to a state hospital, whether on the hospital premises or elsewhere, any firearm, is criminally liable for a misdemeanor.3

Finally, any person who gives or sells, or aids or abets any other person to give or sell, to any young person in a state youth correctional facility, whether on the premises of such institution or otherwise, any firearm, is criminally liable for a misdemeanor.4

See the section entitled Firearms Trafficking in West Virginia for laws aimed at gun trafficking.

See our Universal Background Checks policy summary for a comprehensive discussion of this issue.

  1. W. Va. Code § 61-7-10(d). ⤴︎
  2. W. Va. Code § 61-7-10(a). ⤴︎
  3. W. Va. Code § 27-12-3. ⤴︎
  4. W. Va. Code § 28-1-8. ⤴︎