West Virginia Firearm Bill of Sale - WV Code § 61-7-10 Form

Private sales in West Virginia are unrestricted by state law — no background check, no bill of sale, no waiting period. But West Virginia prohibits any government registry of firearms, which means without a signed Bill of Sale, you have no proof the gun ever left your hands. The ATF trace follows the paper trail to the last documented owner under W. Va. Code § 61-7-9. A signed document with the buyer's ID, serial number, and transfer date is your only defense if the firearm surfaces in a criminal investigation.

Private sales between West Virginia residents have no state-mandated background check requirement. However, federal law under 18 U.S.C. § 922 still prohibits selling to a prohibited person — and West Virginia state law under W. Va. Code § 61-7-9 adds state-level prohibited person categories. The Bill of Sale records the buyer's self-certification of eligibility as your good-faith defense.

The West Virginia House of Delegates passed HB 4106 in the 2026 legislative session, expanding Constitutional Carry provisions to 18-20 year olds. West Virginia's traditional Constitutional Carry has required being 21 or older since 2016. If signed into law, HB 4106 would make West Virginia one of the few states where adults 18-20 can carry concealed without any permit. The Provisional CHL for 18-20 year olds would remain available for reciprocity purposes. Verify current signing status before assuming 18-year-olds can carry without a permit.

West Virginia retains an optional Concealed Handgun License (CHL) that improves reciprocity and provides other advantages. The CHL costs $25 for residents and is valid for 5 years. A CHL holder has passed a background check and firearms safety review. If your buyer holds a valid CHL, record the license number on the Bill of Sale — it signals the buyer has been vetted by the West Virginia State Police. West Virginia also offers a Provisional CHL for ages 18-20 with appropriate training.

A major 2024 update is the Campus Self-Defense Act, which allows licensed concealed carry on public higher-education campuses with defined exceptions. CHL holders can now legally carry concealed on public university campuses including WVU and Marshall University. The exceptions include specific sensitive areas within campus buildings. Private universities retain the right to prohibit carry entirely. K-12 schools remain completely off-limits regardless of permit status.

SB 1071, the Public Defense and Provisioning Act, was introduced in the 2026 session and would create an Office of Public Defense within the West Virginia State Police to acquire and sell machine guns to qualified citizens. However, the bill's legality under federal law is actively disputed — the federal Hughes Amendment under 18 U.S.C. § 922(o) bans civilian transfers of machine guns manufactured after May 19, 1986. The bill remains in committee as of early 2026. Do not rely on SB 1071 for any current transaction involving automatic weapons — federal law still governs all NFA transfers.

Since May 24, 2022, loaded or uncased long guns may be kept in vehicles. Concealed handguns can be legally carried in vehicles under Constitutional Carry without a permit for adults 21+ (and 18+ if HB 4106 is signed). The State Capitol Complex requires firearms to be locked in the vehicle and out of normal view when on complex grounds. Separate DNR hunting rules still apply to long gun transport during hunting season.

No. West Virginia has no Extreme Risk Protection Order mechanism as of 2026. In fact, the 2026 legislature advanced SB 963, which would delay firearm surrender in domestic violence cases until a full adversarial hearing occurs — moving in the opposite direction from Red Flag legislation. West Virginia also has no assault weapons ban, no magazine capacity limits, and no safe storage mandate.

Under W. Va. Code § 61-7-9 and federal law, prohibited persons include convicted felons, those with domestic violence convictions, individuals adjudicated as mentally incompetent, unlawful drug users, and those under protective orders. West Virginia preempts local regulation of firearms, though local regulations in effect prior to 1999 were grandfathered — Charleston, Dunbar, and South Charleston have such grandfathered ordinances. Always ask the buyer to certify compliance with all prohibited person categories on the Bill of Sale.

No. Federal law under 18 U.S.C. § 922 prohibits private person-to-person firearm transfers across state lines. Out-of-state handgun purchases must transfer through an in-state dealer; long guns may be purchased out of state if legal in both states. West Virginia borders Virginia, Maryland, Pennsylvania, Ohio, and Kentucky — selling directly to a resident of any of them without FFL involvement is a federal felony.