West Virginia State Pertaining To Air Guns:
18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
C. For purposes of this section, the word “firearm” means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word “ammunition,” as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
22.1-277.07. Expulsion of students under certain circumstances; exceptions.
A. In compliance with the federal Improving America’s Schools Act of 1994 (Part F-Gun-Free Schools Act of 1994), a school board shall expel from school attendance for a period of not less than one year any student whom such school board has determined, in accordance with the procedures set forth in this article, to have possessed a firearm on school property or at a school-sponsored activity as prohibited by 18.2-308.1; to have possessed a firearm or destructive device as defined in subsection E, a firearm muffler or firearm silencer, or a pneumatic gun as defined in subsection E of § 15.2-915.4 on school property or at a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may promulgate guidelines for determining what constitutes special circumstances. In addition, a school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article.
B. The Board of Education is designated as the state education agency to carry out the provisions of the federal Improving America’s Schools Act of 1994 and shall administer the funds to be appropriated to the Commonwealth under this act.
C. Each school board shall revise its standards of student conduct no later than three months after the date on which this act becomes effective. Local school boards requesting moneys apportioned to the Commonwealth through the federal Improving America’s Schools Act of 1994 shall submit to the Department of Education an application requesting such assistance. Applications for assistance shall include:
1. Documentation that the local school board has adopted and implemented student conduct policies in compliance with this section; and
2. A description of the circumstances pertaining to expulsions imposed under this section, including (i) the schools from which students were expelled under this section, (ii) the number of students expelled from each such school in the school division during the school year, and (iii) the types of firearms involved in the expulsions.
D. No school operating a Junior Reserve Officers Training Corps (JROTC) program shall prohibit the JROTC program from conducting marksmanship training when such training is a normal element of such programs. Such programs may include training in the use of pneumatic guns. The administration of a school operating a JROTC program shall cooperate with the JROTC staff in implementing such marksmanship training.
E. As used in this section:
“Destructive device” means (i) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (ii) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (iii) any combination of parts either designed or intended for use in converting any device into any destructive device described in this subsection and from which a destructive device may be readily assembled. “Destructive device” does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in subsection G of § 18.2-308.2:2.
“Firearm” means any weapon, including a starter gun, that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an explosion of a combustible material or the frame or receiver of any such weapon. “Firearm” does not include any pneumatic gun, as defined in subsection E of § 15.2-915.4.
“One year” means 365 calendar days as required in federal regulations.
“School property” means any real property owned or leased by the school board or any vehicle owned or leased by the school board or operated by or on behalf of the school board.
F. The exemptions set out in § 18.2-308 regarding concealed weapons shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to persons who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such.
G. This section shall not be construed to diminish the authority of the Board of Education or the Governor concerning decisions on whether, or the extent to which, Virginia shall participate in the federal Improving America’s Schools Act of 1994, or to diminish the Governor’s authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
(1995, cc. 724, 801; 1999, cc. 707, 1027; 2000, c. 523, § 22.1-277.01; 2001, cc. 688, 820; 2003, cc. 843, 976; 2004, c. 930; 2006, c. 703; 2013, c. 288.)
18.2-287.01. Carrying weapon in air carrier airport terminal.
It shall be unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor. Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, or conservation police officer, or conservator of the peace employed by the air carrier airport, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) presenting such firearm, weapon, or ammunition to U.S. Customs agents in advance of an international flight, in order to comply with federal law, (ii) checking such firearm, weapon, or ammunition with his luggage, or (iii) retrieving such firearm, weapon, or ammunition from the baggage claim area.
Any other statute, rule, regulation, or ordinance specifically addressing the possession or transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.
18.2-283.1. Carrying weapon into courthouse.
It shall be unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace, magistrate, court officer, judge, or city or county treasurer while in the conduct of such person’s official duties.
(1988, c. 615; 2004, c. 995; 2007, cc. 87, 519; 2012, c. 295.)
Notes on “air guns” and what is considered an air-gun under West Virginia Statutes:
In a series of cases that began in 1993, the question of whether or not a BB gun is a firearm for purposes of simple possession statutes has been definitively answered.
In 1993, the court said in Jones v. Commonwealth (429 S.E.2d 615) that:
Code § 18.2-308.2 prohibits a felon from possessing a device that has the actual capacity to do serious harm because of its ability to expel a projectile by the power of an explosion, and it is not concerned with the use or display of a device that may [merely] have the appearance of a firearm.
This holding was followed in 1998 in Gregory v. Commonwealth (504 S.E.2d 886) and again in 2000 in Williams v. Commonwealth (537 S.E.2d 21).
The currently controlling case is from 2001. In Armstrong v. Commonwealth (549 S.E.2d 641) the court made it very clear:
There is no public policy or legislative intent to find a felon who possesses a BB gun, a squirt gun or a plastic toy gun to be in possession of a firearm. That is all the Jones decision held. When the General Assembly used the term “firearm” in Code § 18.2-308.2, it meant a “firearm” is a firearm under that statute if it was made to shoot bullets, not BBs or tap water.
I should note at this point that the courts have made one broad exception to this interpretive rule and that is in a case where an air gun is used to facilitate a crime of violence where victim perception is a factor. In any case where a “firearm” is being used in such a crime, the Virginia courts have adopted a broader definition that does include air guns. This rationale was explained in Witeiner v. Commonwealth (656 S.E.2d 418, 51):
As a practical matter, a crime victim ‘cannot be required to distinguish between a loaded pistol and a spring gun when it is brandished during the commission of a felony.’
The statutes to which this broader interpretation extend include § 18.2-53.1 (Use or display of firearm in committing felony) and § 18.2-51 (Shooting, stabbing, etc., with intent to maim, kill, etc.).
But so far as mere purchase, possession, or lawful-use is concerned, the Virginia courts agree with my assessment that the term “firearm” does not include air guns and only those provisions which expressly apply to air guns will affect the legality of their use.
How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in West Virginia?
In West Virginia you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun.
West Virginia Air Gun Hunting Regulations
West Virginia allows air gun hunting for certain species. These species include:
• Small Game
Air Gun Laws In Local Jurisdictions
In addition to state laws, local jurisdictions may also have their own laws regulating air guns. Below are the laws for local jurisdictions in the state of West Virginia.
BECKLEY, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
ARTICLE I. IN GENERAL Beckley, West Virginia Code of Ordinances
Sec. 10-49. Same—Discharge of firearms and other weapons.
It shall be unlawful for any person to fire or discharge within the city any cannon, gun, pistol, B-B gun, B-B pistol, air rifle, air pistol, slingshot or gravel shooter or any firearm, except in case of necessity or in the discharge of some public duty or at a military formation by order of the officer in command, or with the permission of the mayor or chief of police; provided, that nothing herein shall prohibit the firing or shooting of a B-B gun, B-B pistol, air rifle, air pistol, slingshot or gravel shooter by a person on such person’s property, or on the property of another with the permission of the latter, so long as the stone, pellet or other missile projected by such device does not leave the property from which it is fired or shot and does not endanger the person or property of any other person.
(Code 1971, § 25-4)
CHAPTER 18 (House Bill No. 598—Mr. Heaberlin.) Beckley, West Virginia Code of Ordinances
Sec. 21. General powers of common council.
The council of said city shall have the general powers enumerated in the subdivisions of this section, as follows:
(22) To regulate the keeping, handling and transportation of explosives and dangerous combustibles within the municipality; and to regulate or prohibit the use of firecrackers, sky rockets, toy pistols, air rifles or guns within the said municipality.
BLUEFIELD, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
CHARLESTON, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
GAULEY BRIDGE, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
ARTICLE I. IN GENERAL – Gauley Bridge, West Virginia – Code of Ordinances
Sec. 24-19. – Responsibility of parents, etc., for use of air guns, etc., possessed by minors under their charge; penalties.
(a) It shall be unlawful for any parent, guardian of any minor, or anyone standing in loco parentis with reference to any minor, knowingly to permit such minor to have in his possession any pneumatic gun, air gun or other device of any kind capable of inflicting any damage or injury to any part of the anatomy of any person at a distance of more than 500 feet from the place where the same is discharged or fired, upon the public streets, sidewalks or other public places in the town, or to fire or discharge the same upon any private property of another; and knowledge of the possession of such gun or mechanical device by such minor or child at any place within the town, whether within the home of such parent, guardian or other person standing the place of the parent with reference to such minor, or in any public place therein, shall be prima facie evidence of knowledge by such parent, guardian or those standing in loco parentis of the possession thereof by such minor upon the public streets, sidewalks or other public places, and upon private property where there exists the possibility that the projectile or missile fired therefrom may come to rest or alight as hereinbefore set forth.
(b) Any parent, guardian or person standing in loco parentis of any minor who violates any of the provisions of this section shall, upon conviction thereof, be fined not less than $5.00 nor more than $50.00 for the first offense, and for each subsequent violation shall be fined not less than $10.00 nor more than $100.00 and, in addition, may be imprisoned for not more than 30 days.
(Code 1979, § 16-25; Ord. of 7-6-1954)
HURRICANE, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
ARTICLE 545. WEAPONS AND EXPLOSIVES – Hurricane, West Virginia – Code of Ordinances
Sec. 545.11. – Discharging firearms.
(a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the City.
(b) This section does not apply when firearms are used in self-defense, in the discharge of official duty or when otherwise lawfully authorized.
(Code 1991, § 545.11)
ARTICLE 967. PARKS AND RECREATION – Hurricane, West Virginia – Code of Ordinances
Sec. 967.02. – Firearms, fireworks, explosives and other weapons.
(a) Firearms. No person shall carry a firearm of any description, air or gas gun, fireworks, explosive, slingshot or missile-throwing device into or within the park or discharge the same therein, provided, that a qualified law enforcement officer may carry a firearm within the park, provided, further, that shotguns enclosed in cases may be transported to and discharged in connection with a skeet and trap shooting range and such other shooting areas as may be designated in writing for such purpose by the Mayor.
MONTGOMERY, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
CHAPTER 18 OFFENSES—MISCELLANEOUS* Montgomery, West Virginia Code of Ordinances
18-66 Weapons and explosives, restrictions applicable to minors under age sixteen, and restrictions as to firing of weapons and explosives.
(a) No person under the age of sixteen years shall carry or have in his possession upon any street, park or other public space in the city any gun, pistol, rifle, air gun, bean shooter, bow and arrow, slingshot or other dangerous weapon of any character; provided, that nothing in this section shall be construed to prohibit any person under the age of sixteen years from carrying within the city a cased weapon while en route to or returning from lawful hunting grounds during any lawful hunting season and be then lawfully qualified to hunt.
(b) No person shall cause to fire or shoot a firearm, pellet gun, bow and arrow, slingshot, bb gun, or any type of fireworks or explosives within the city limits, unless such person has previously obtained permission to do so in writing issued by the mayor, the recorder, the chief of police, or the senior police officer on duty in the absence of the chief of police.
MOOREFIELD, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
CHAPTER 15.1 PARKS AND RECREATION Moorefield, West Virginia Code of Ordinances
Sec. 15.1-3. Firearms, fireworks, etc.; dangerous weapons; bows and arrows; hunting, trapping, etc.
(a) Firearms, fireworks, explosives and weapons. No person shall have in his possession any firearm of any description, air or gas gun, fireworks, explosives, slingshot, or missile throwing device within the park, except that the director may authorize in writing possession and use of fireworks.
Corporation of RANSON, WEST VIRGINIA – AIR GUN LAWS AND REGULATIONS
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
Disclaimer
These rules and regulations were compiled to the best of my ability. The information on this article should not constitute as legal advice. Always check with your local jurisdiction for the final ruling.