WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

Two Requirements for Concealed Carry in West Virginia

For concealed weapon carry permit holders in West Virginia, there are two very important items of documentation that you must have on you at all times:

(1) your West Virginia concealed pistol/revolver license, which of course is legally required to be on your person any time you are carrying a concealed weapon; and

(2) your attorney’s business card, in case you get arrested by a law enforcement officer regarding your firearm, or in case, God forbid, you are forced to use your firearm in self defense.

Step one is legally carrying the weapon.  Its a whole separate ordeal explaining the situation of having to use deadly force to defend yourself or others to law enforcement and later, the prosecuting attorney.  You should leave it to a professional.  Have your attorney’s card laminated and keep it in your wallet along with your CCW permit card.

Of course, my business cards already come pre-laminated in a glossy finish and will stand the test of time in your wallet.  If you want an attorney who knows guns and the many facets of self defense and gun laws in West Virginia, and who also has a proven track record of successfully defending gun charges, both through obtaining dismissals from judges and prosecutors and from obtaining acquittals from juries, call me and I will send you several of my cards free and with no questions or obligations.

Remember: saying “with all due respect sir, I would like to have my attorney here before I answer questions – I will call him right now” cannot be used against you.  Even if they arrest you, your innocence can be sorted out after the fact.  Make sure that your attorney gives you some way of contacting him or her after hours if an emergency arises.  You have to use your brain.

You may want to say (especially if there is no attorney handy) something to officers, depending on the circumstances, so that they understand that it is a self defense situation.  “Officer, this was self defense, I was in fear for my life, I have a concealed carry permit.  That is his gun over there lying next to his body.  This man over there was a witness”.  If an officer is going to support you, he will not push you to answer questions beyond that.  If he is not going to support you, then there is no point in talking with him anyways.

 

ETA from Matt Harvey, Esq.:

“Concealed” means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For purposes of concealed handgun licensees, a licensee shall be deemed to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.

W. Va. Code Ann. § 61-7-2 (West)

Advertisements

January 27, 2011 - Posted by | John H. Bryan, West Virginia Concealed Carry Laws, West Virginia Gun Laws

5 Comments »

  1. “(2) your attorney’s business card, in case you get arrested by a law enforcement officer regarding your firearm, or in case, God forbid, you are forced to use your firearm in self defense.”

    That’s an interesting requirement – almost like carrying insurance documentation with you when driving. Of course having a good criminal lawyer handy when involved in any sort of criminal proceedings, especially early on, can be vital to your case. And indeed, re self defence, hopefully that need never arises.

    Best,
    Criminal Defence Lawyers Glasgow

    Comment by Glasgow Criminal Law | February 4, 2011 | Reply

  2. I still don’t fully understand the rationale behind the concealed carry laws.

    I like your blog!

    Comment by David Bauernfeind | March 14, 2011 | Reply

  3. Will you send me your card, even if I don’t have a concealed carry permit? I got a card from Daniel James in Keyser. I don’t know if he’s as good as you, but he is closer. I notice though in your other post that you have a case in Mineral County now. I live in Grant Co. and if there’s a lawyer here worth a chit, I ain’t met him.

    Comment by Dan | April 11, 2013 | Reply

  4. John, don’t forget that CCW holder’s in WV are deemed “carrying” no matter where the gun is located in a vehicle. I recently got a case thrown out because the gun was locked in the glove box and the magazine was under the passenger seat and my client did not have a CCW.

    “Concealed” means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For purposes of concealed handgun licensees, a licensee shall be deemed to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.

    W. Va. Code Ann. § 61-7-2 (West)

    Comment by Matt Harvey | September 10, 2013 | Reply

    • Great point Matt. Thanks. I’ll include that in the original post.

      Comment by johnbryanlaw | September 10, 2013 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: