-------- Original Message --------
Subject: Unconcealed Handgun Status While Traveling Thru West Virginia in a Vehicle
Resent-Date: Sun, 25 Jul 2004 20:52:08 -0400
Resent-From: <GHF>
Date: Sun, 25 Jul 2004 20:45:44 -0400
From: George H. Foster <GHF>
To:
[email protected]
Officers -
I am a holder of a Florida CCW. I have reason to travel between FL and PA (to visit family in Scenery Hill), and I want to make sure I understand the following from the WV State Police Web site:
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/Q. I am a police officer from another state who will be traveling through West Virginia, may I lawfully carry my service weapon?
A. West Virginia law permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and you are stopped for a traffic violation, you must understand that the handgun will immediately attract the attention of the police officer. The presence of the handgun may lead to action by the officer such as drawing his or her weapon, ordering you from your vehicle, and performing a pat-down search. Vehicle stops are inherently dangerous for police officers and these actions have been held to be lawful by the United States Supreme Court.
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If I understand it correctly -
I can take my Beretta in its IWB holster out and place the holster on the cup holder in the front of my mini-van (under the radio) in full view, and if I get stopped, I am in no legal trouble.
I understand that the officer might get excited (for obvious and understandable reasons), so I need to be very careful not to do anything that makes it look like I am (or my passenger is) reaching for it.
Though technically not required, I should make sure that the officer (1) is aware I have it, (2) that I have a CCW from Florida, and (3) their wish is my command..
I can also carry the weapon on my person outside the vehicle, if it is fully visible at all times.
From: "Office of Public Affairs" <
[email protected]>
To: <GHF>
Subject: Re: Unconcealed Handgun Status While Traveling Thru West Virginia in a Vehicle]
Date: Tue, 27 Jul 2004 08:46:45 -0400
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You are pretty much correct. Since WV does not honor FL CCW permits, anytime you have the weapon in WV, it must be in plain view at all times.
Also understand that if you are carrying on your person, a land or business owner can request that you remove the weapon while on their property.