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Posted: 8/13/2005 10:47:35 AM EDT
I recevied permission from a moderator to start a new thread to continue the discussion in the recently locked thred.


Here is my last post in the old thread:


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Originally Posted By possumkop:
Although the times and dates for cased and uncased firearms has been in code for as long as I can remember.
One thing that everyone must keep in mind. How the Magistrates and Prosecutors interpret State Code differs from county to county in WV. The best we can do as Officers is figure a general interpretation that will fly in every county. What I posted above, although almost verbatim from the code, will cover you anywhere in WV.

I hope this cleared things up.
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Actaully I'm not clear yet, sorry. You have made several references to the code. If youre refering to the WV State Code none of this is in 61-7 or anywhere else that I have been able to locate.

Where it is found is in the DNR Hunting Regulations. Here are some of the items listed as being in violation of the hunting regulations.

* have a loaded firearm or a firearm with an attached magazine from which all shells have not been removed in or on any vehicle or conveyance or it’s attachements

* carry a loaded or uncased firearm in the woods except during open firearm hunting seasons

* carry an uncased gun in or on a vehicle between 5pm and 7am EST from October 1 – June 30 and between 8:30pm and 5am EST from July 1 to Sept 30

* carry an uncased or loaded gun after 5:30am on Sunday in counties which prohibit Sunday hunting except at a regularly used firearms range

Clearly these are intended for hunting scenarios designed to prevent poaching and hunitng from a vehicle. If they were intended to be applied at all times and in all situations then it would be legal to open carry a pistol in a belt holster in urban areas but not when hiking in the woods (except during hunting season). Open carry would only be valid Monday through Saturday, and anyone openly carrying a pistol for personal protection would have to unload before getting in a vehicle and then reload upon exiting the vehicle. Imagine pumping gas at a convenience store, a vehicle pulls up beside you, driver gets out, takes a handgun from a case, inserts a mag, racks the slide, puts it in a holster and starts walking toward the store!?!? That's going to draw some attention and rightly so. Makes me uncomfortable.

What I'm getting at is these regulations are intended for hunting environments and would likely be applied in that manner. Take the following two scenarios of a loaded firearm in a vehicle:

Ex. 1 - A DNR Conservation Officer pulls up behind a pick up truck parked along side the road across from an apple orchard in early November. The driver has a pair of binoculars in his lap, a rope in the bed of the truck, and a loaded magnum revolver with 6 inch barrel on his belt.

Ex. 2 - A Trooper pulls up behind a sedan on the shoulder of the interstate with the hood raised. The driver is on his cell phone getting a tow truck and has a loaded compact 9mm on his belt.

Here is my take on it, and I'm open to changing my position if someone can show me where I'm wrong. The first example is almost surely going to result in a citation for violating the hunting regulations. The second example, while it may create a few uncomfortable moments, isn't likely to have any negative outcome provided the driver is legally entitled to own and posses a firearm. It certainly isn't a crime based on anything I've found in the WV State Code.

Please enlighten me. Thanks in advance.

Link Posted: 8/21/2005 1:02:08 AM EDT
Unfortunately I missed the reason why the thread was locked and apologize if I had anything to do with it.
The section I was referring to was indeed from Chapter 20 of the WV code. This section of the code is the Natural Resources section and handles all hunting, fishing and boating laws.

BH1 wrote: What I'm getting at is these regulations are intended for hunting environments and would likely be applied in that manner. Take the following two scenarios of a loaded firearm in a vehicle:

Ex. 1 - A DNR Conservation Officer pulls up behind a pick up truck parked along side the road across from an apple orchard in early November. The driver has a pair of binoculars in his lap, a rope in the bed of the truck, and a loaded magnum revolver with 6 inch barrel on his belt.

Ex. 2 - A Trooper pulls up behind a sedan on the shoulder of the interstate with the hood raised. The driver is on his cell phone getting a tow truck and has a loaded compact 9mm on his belt.


Keep in mind that no where in Chapter 20 does it state that the laws are only to be enforced in hunting situations. Part of what you quoted in your post is State Law 20-2-5(9) and not just a regulation. The title of 20-2-5 is Unlawful methods of hunting and fishing and other unlawful acts.

To have a loaded gun in your vehicle without a CHP can cause you to be cited under 20-2-5(9) by any member of any LE agency regardless of the scenario. Your arguments about the two scenarios have been argued in court before and have been lost.
Your quote in regard to not carrying on Sunday is correct for hunting purposes only, because it comes from the Sunday Hunting regulation, where a hunting situation is implied. Sunday Hunting is not intended to be enforced for general carry.

Please keep in mind that my intent in the original posts were to help keep the person who started the thread from being cited or arrested, not to argue a point of law with an entirely different person.


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