W. Va. Code » §61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties.
West Virginia Code

W. Va. Code § 61-7-3 (2026)

Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties

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ARTICLE 7. DANGEROUS WEAPONS.

§61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties.

[Repealed.]

Notes of Decisions
Cited in 14 cases, 1994–2018 · leading case: State v. Allen, 539 S.E.2d 87 (W. Va. 2000).
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State v. Allen, 539 S.E.2d 87 (W. Va. 2000). · cites it 8× “Allen's third conviction was for carrying a deadly weapon without a license, which conduct is prohibited by W. Va.Code § 61-7-3(a) (1989) (Repl.Vol.1997).”
United States v. Shaquille Robinson, 846 F.3d 694 (4th Cir. 2017). · cites it 2× “See W. Va. Code § 61-7-3 to -4 (2014). And, because the police did not know whether or not he possessed such a license, the tip that a suspect matching his description was carrying a loaded firearm concealed in his pocket was, he argues, a report of innocent behavior that was…”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013). · cites it 2× “050 (1)(a); W. Va. Code § 61-7-3 ; Wis. Stat. § 941.23 (2)(d).”
United States v. Smith, 742 F. Supp. 2d 855 (S.D.W. Va 2010). · cites it 4× “Code § 61-7-11 , carrying a deadly weapon in violation of W. Va. Code § 61-7-3 , and carrying a firearm in violation of W.”
Application of Dailey, 465 S.E.2d 601 (W. Va. 1995). · cites it 4× “Until such time as the Legislature chooses to exercise its prerogative and enacts another statute designed to provide the statutory scheme for the carrying of a concealed, deadly weapon, the provisions of W.Va.Code 61-7-3 (1989) shall continue to proscribe the carrying of a…”
United States v. Shaquille Robinson, 814 F.3d 201 (4th Cir. 2016). · cites it 3× “2004), and it is legal to carry a concealed firearm with a permit, see W. Va. Code §§ 61-7-3 , 61-7-4. And permits are relatively easy to obtain; West Virginia is a “shall issue” state, in which the sheriff must issue a license to any applicant who submits a complete and…”
Tommy Ray Lewis, Jr. v. Mun. of Masontown, West Virginia, 820 S.E.2d 612 (W. Va. 2018). · cites it 2× “ode § 60A-4-401(c) for the five Flexeril pills; one count of possession of a controlled substance in violation of West Virginia Code § 60A-4-401(c) for the Suboxone ; one count of possession of a controlled substance in violation of West Virginia Code § 60A-4-401(c) for the…”
State v. Boyd, 543 S.E.2d 647 (W. Va. 2000). · cites it 2× “On the day in question, the appellant had in his possession a concealed and deadly weapon, nunchakus, without license or authorization in violation of W.Va.Code § 61-7-3(a) (1989). He also'violated W.”
State v. Sears, 468 S.E.2d 324 (W. Va. 1996). “Code, 61-2-9(a) (1978); Count II — carrying a deadly weapon in violation of W.Va.Code, 61-7-3(a) (1989); Counts III, IV, and V — wanton endangerment involving a firearm in.”
State v. Garner, 750 S.E.2d 123 (W. Va. 2013). · cites it 4× “2010), and Carrying a Concealed Weapon Without a Permit in violation of W. Va.Code § 61-7-3 (1989) (Repl. Vol.2010).”
State v. Maisey, 600 S.E.2d 294 (W. Va. 2004). · cites it 2× “The knife was the only item seized in the frisk, and the officers took Maisey into custody for carrying a concealed and deadly weapon in violation of W. Va.Code § 61-7-3 (1989). In April 2001, the case came before the Tyler County Magistrate Court, which issued a pretrial…”
Berger v. United States, 867 F. Supp. 424 (S.D.W. Va 1994). “) (amended in 1989 at § 61-7-3 to prohibit the carrying of a concealed deadly weapon without a license).”
Show all 14 citing cases →
— W. Va. Code § 61-7-3(a) — 4 cases
State v. Allen, 539 S.E.2d 87 (W. Va. 2000). “Allen's third conviction was for carrying a deadly weapon without a license, which conduct is prohibited by W. Va.Code § 61-7-3(a) (1989) (Repl.Vol.1997).”
State v. Boyd, 543 S.E.2d 647 (W. Va. 2000). “On the day in question, the appellant had in his possession a concealed and deadly weapon, nunchakus, without license or authorization in violation of W.Va.Code § 61-7-3(a) (1989). He also'violated W.”
State v. Sears, 468 S.E.2d 324 (W. Va. 1996). “Code, 61-2-9(a) (1978); Count II — carrying a deadly weapon in violation of W.Va.Code, 61-7-3(a) (1989); Counts III, IV, and V — wanton endangerment involving a firearm in.”
Tommy Ray Lewis, Jr. v. Mun. of Masontown, West Virginia, 820 S.E.2d 612 (W. Va. 2018). “ode § 60A-4-401(c) for the five Flexeril pills; one count of possession of a controlled substance in violation of West Virginia Code § 60A-4-401(c) for the Suboxone ; one count of possession of a controlled substance in violation of West Virginia Code § 60A-4-401(c) for the…”
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