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benchpress1972

Beckley, WV

#1 Mar 22, 2011
I have had a permit for years through the state of Wv as well as a few other states.My first permit here was about 7 years ago, and although I never really utilize it, except when vacationing in the outdoors, I have always thought it a good thing to have. This past weekend my wife and I decided on a hike, I thought it might be nice to take a new pistol I had just purchased (Kimber 45) and take a few shots with it while we were in the woods. We decided on undeveloped, national river property near Sandstone Mountain. Instead of concealing, I decided to holster the weapon. About an hour into our hike we came across a national park ranger and a surveyor, they were obviously in the woods for other reasons than enforcement. After he saw my gun, he instantly had a change in demeanor, which I really can't blame him, I assume. After a brief discusiion on what we were doing and so on, he asked my if we were shooting at anything in particular, I stated no, haven't even discharged it but planned to possibly. This is when I mentioned I had a concealed carry permit, and that we would be cautious where we decided to shoot. The officer then informed me I was not allowed to carry a firearm on my side unless it was concealed. Although he didn't give me a ticket, he suggested I refrain from doing it in the future. I had never heard that, but I obliged, went home and called the local state police dispatch, which confirmed that this is actually a law. So warning to all that have a concealed carry permit, in the state of WV you can only carry a firearm concealed. If you do not have a permit to conceal, you are more than welcome to open carry, at least in most places. Strange law, but it a fact. $200 fine and revokation of permit if caught. FYI
informed citizen

Beckley, WV

#2 Mar 22, 2011
The problem you had was that you were in a National Park.
benchpress1972

Beckley, WV

#3 Mar 22, 2011
informed citizen wrote:
The problem you had was that you were in a National Park.
No actually they allow it, they classify the section I was in as a recreation area. They have about 11000 acres they purchased on the edge of Raleigh county off of the Bragg exit when they made the New a national river. It's totally undeveloped, no bikes or motorized vehicles allowed. It is posted by the NPS as a hunting and recreation area. I own a farm there that is adjacent to some of the property.
gun owner

Summersville, WV

#4 Mar 22, 2011
benchpress1972 wrote:
I have had a permit for years through the state of Wv as well as a few other states.My first permit here was about 7 years ago, and although I never really utilize it, except when vacationing in the outdoors, I have always thought it a good thing to have. This past weekend my wife and I decided on a hike, I thought it might be nice to take a new pistol I had just purchased (Kimber 45) and take a few shots with it while we were in the woods. We decided on undeveloped, national river property near Sandstone Mountain. Instead of concealing, I decided to holster the weapon. About an hour into our hike we came across a national park ranger and a surveyor, they were obviously in the woods for other reasons than enforcement. After he saw my gun, he instantly had a change in demeanor, which I really can't blame him, I assume. After a brief discusiion on what we were doing and so on, he asked my if we were shooting at anything in particular, I stated no, haven't even discharged it but planned to possibly. This is when I mentioned I had a concealed carry permit, and that we would be cautious where we decided to shoot. The officer then informed me I was not allowed to carry a firearm on my side unless it was concealed. Although he didn't give me a ticket, he suggested I refrain from doing it in the future. I had never heard that, but I obliged, went home and called the local state police dispatch, which confirmed that this is actually a law. So warning to all that have a concealed carry permit, in the state of WV you can only carry a firearm concealed. If you do not have a permit to conceal, you are more than welcome to open carry, at least in most places. Strange law, but it a fact.$200 fine and revokation of permit if caught. FYI
Better call that trooper back and ask him where that law is posted? I have read WV handgun laws and have never saw such a law. I was told the same thing before and asked the sherriff's department the same question; He said WV is an open carry state and having a concealed permit does not change that.
lol

Beckley, WV

#5 Mar 22, 2011
benchpress1972 wrote:
I have had a permit for years through the state of Wv as well as a few other states.My first permit here was about 7 years ago, and although I never really utilize it, except when vacationing in the outdoors, I have always thought it a good thing to have. This past weekend my wife and I decided on a hike, I thought it might be nice to take a new pistol I had just purchased (Kimber 45) and take a few shots with it while we were in the woods. We decided on undeveloped, national river property near Sandstone Mountain. Instead of concealing, I decided to holster the weapon. About an hour into our hike we came across a national park ranger and a surveyor, they were obviously in the woods for other reasons than enforcement. After he saw my gun, he instantly had a change in demeanor, which I really can't blame him, I assume. After a brief discusiion on what we were doing and so on, he asked my if we were shooting at anything in particular, I stated no, haven't even discharged it but planned to possibly. This is when I mentioned I had a concealed carry permit, and that we would be cautious where we decided to shoot. The officer then informed me I was not allowed to carry a firearm on my side unless it was concealed. Although he didn't give me a ticket, he suggested I refrain from doing it in the future. I had never heard that, but I obliged, went home and called the local state police dispatch, which confirmed that this is actually a law. So warning to all that have a concealed carry permit, in the state of WV you can only carry a firearm concealed. If you do not have a permit to conceal, you are more than welcome to open carry, at least in most places. Strange law, but it a fact.$200 fine and revokation of permit if caught. FYI
wondering.... off topic but not really. are you BP1974 or BP 1972???? I have seen you post both assuming it's the same person....
benchpress1974

Beckley, WV

#6 Mar 22, 2011
lol wrote:
<quoted text>
wondering.... off topic but not really. are you BP1974 or BP 1972???? I have seen you post both assuming it's the same person....
LOL you are right, I apologize. I am working off of my laptop while finishing notes, this is not my normal computer for play. I must say after a split shift of 6 hours on, 8 hours off and now clocking in 14 today has been rough. I am finally finished, but am mentally exhausted apparently. My number is a random picked number, guess I should have chosen a number with meaning so in mental lapses such as this I won't forget. I'll stick with 74... but it's always nice to have an alias. lol
Good night all. I have to be at work again at 9 pm. extra hours = extra money = student loans paid off
Annie Getyourgun

Tarboro, NC

#7 Mar 22, 2011
I hope all the people who tote guns shoot each other and die.
Lookitup

Asheville, NC

#8 Mar 22, 2011
http://www.opencarry.org/wv.html

Read up. Not sure what the deal with the ranger was, but it's not law.

And Annie, fail troll is fail.
one bad dad

Hartland, MI

#9 Mar 22, 2011
Annie Getyourgun wrote:
I hope all the people who tote guns shoot each other and die.
when we lose the right to own and bear arms this country would be no diferent then any other dictatorship so annie why don't you take a trip. Go to some other country such as libia or another third world country and live then you can be totaly controled by some regime ,maybe you will like that
Terry

Tarboro, NC

#10 Mar 22, 2011
one bad dad wrote:
<quoted text>when we lose the right to own and bear arms this country would be no diferent then any other dictatorship so annie why don't you take a trip. Go to some other country such as libia or another third world country and live then you can be totaly controled by some regime ,maybe you will like that
I've got a gun for you to suck on, bad dad.
postured

Richmond, VA

#11 Mar 22, 2011
If you are licensed to carry-conceal a registered sidearm, opensite holstering is brandishing. This your legislators protecting your rights while appeasing citizens who become uncomfortable and paranoid around deadly weapons. However this should not be applied in federally sanctioned recreational wilderness areas as long as you registered to visit and are obeying all weapon restrictions and curfews.
just it

AOL

#12 Mar 22, 2011
61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties.
It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars, or shall be confined in the county jail not less than ninety days nor more than one year, or both.
gun owner

Summersville, WV

#13 Mar 22, 2011
just it wrote:
61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties.
It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars, or shall be confined in the county jail not less than ninety days nor more than one year, or both.
Exactly; whether licensed or not wearing a pistol in a holster on your side is not considered brandishing, pulling it out of the holster and treatening someone harm is brandishing..
redneck33

Beckley, WV

#14 Mar 22, 2011
postured wrote:
If you are licensed to carry-conceal a registered sidearm, opensite holstering is brandishing. This your legislators protecting your rights while appeasing citizens who become uncomfortable and paranoid around deadly weapons. However this should not be applied in federally sanctioned recreational wilderness areas as long as you registered to visit and are obeying all weapon restrictions and curfews.
yep, i have a friend who's a deputy, he told me the same thing. Hard to find this listed in the regular gun laws, kinda one of those lost in the shuffle laws... They normally wont enforce this unless you piss em off, but to be technical, they can consider it brandishing when you open carry with a concealment permit.
NRA instructor

Beckley, WV

#15 Mar 22, 2011
The key words in this law is cause a breech of the peace, which means to cause a disturbance that will cause attention to your self,Under state law anyone can carry a gun on there hip, without a license or a license. unless they changed this year this is the law.
Anon

Mount Hope, WV

#16 Mar 22, 2011
Not sure if it's law or not...but I was warned by my intructor who taught the concealed permit class; if you get a concealed carry license DO NOT open carry. However this was about 8yrs ago. The laws may have changed by now.
benchpress1974

Beckley, WV

#17 Mar 22, 2011
gun owner wrote:
<quoted text>Exactly; whether licensed or not wearing a pistol in a holster on your side is not considered brandishing, pulling it out of the holster and treatening someone harm is brandishing..
Thanks for all the input. I honestly had never heard of this "law" at all, and thought I had reviewed all pertinent info on the gun laws, and I never ran across this either in my research. In fact, I still can't find this, except under the translation of it being considered brandishing. All I know is that I had both a park ranger and a state trooper tell me that technically, it was against the law. No need for me to push it any farther. lol I appreciate everyone's opinions... makes me wonder what to do myself, but I really don't open carry at all, this was just a special instance. Maybe it's based on how an officer perceives each instance, and it's his call, as is the case with many arrests. I know that I was very courteous and open with the ranger, so their should have been no miscommunication as to my intentions with the weapon. Oh well, it's good to hear others have ran into the same thing, or at least heard this in their travels. I'll just opt on the safe side and tuck it in next time. lol
Off to Work...
Put Your Thinking Cap On

Lubbock, TX

#18 Mar 22, 2011
Annie Getyourgun wrote:
I hope all the people who tote guns shoot each other and die.
Such a loving and kind posts. I'm really glad someone so hateful does not carry a gun.

Most legal gun owners are just ordinary folk. I'd even venture to say that they are kind and compassionate and would never think of wishing anyone would kill each other.

So, I'd come down of that high horse and do some real self-contemplation. Jerks should not judge.

Since: May 08

Location hidden

#19 Mar 22, 2011
Possibly a lot of "law enforcement" types don't like this law, so they have to huff and puff sometimes to show authority and displeasure..
A guy posted once a long time ago, that he was stopped in a routine check of stickers, license, insurance and the like....The officer asked him if he had a weapon....upon which the poster said yes and handed him his concealed pistol permit.....Where upon, they made him pull his car to the side of the road and SEARCHED it....They found nothing of course...Just being AH's:)
just it

AOL

#20 Mar 22, 2011
well all we need is for somebody to do is call the law and find out where this law is in the west virginia code.

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