OVERVIEW
1. Can I legally carry a gun on West Virginia University property?
Until July 1, 2024, the answer is no. WVU prohibits the possession or storage of deadly weapons and destructive devices on campus.
2. What will change on July 1, 2024?
July 1, 2024, is the take-effect date for the Campus Self-Defense Act.
Passed by the West Virginia Legislature and signed into law by Gov. Jim Justice in 2023, the Campus Self-Defense Act allows a person to carry a concealed pistol or revolver on the grounds of an institution of higher education, with some exceptions, if that person has a current and valid license to carry a concealed deadly weapon.
The law applies to on-campus locations, with exceptions.
3. Why is West Virginia University making this change?
West Virginia University is following the state law passed by the West Virginia Legislature and signed by Gov. Jim Justice in 2023. All higher education institutions in West Virginia are required to adhere to the Campus Self-Defense Act.
4. Is it possible that the law will not go into effect?
No. WVU joined other colleges and universities to oppose this type of legislation in favor of local control for several years prior to last year’s passage. Now, the University is required to follow state law.
5. How does the law define pistol? How does the law define revolver?
Pistol is defined as “a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.”
Revolver is defined as “a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.”
“By the use of a single hand” is the key phrase. Also, the pistol or revolver must be concealed and carried by a person who is licensed to do so.
6. After the law change on July 1, 2024, will people be able to carry guns openly on campus property?
No. Only people who are licensed to carry a concealed pistol or revolver will be permitted to have the weapons in areas where they are allowed, and the weapons must not be visible.
WVU will still prohibit other firearms, deadly weapons and dangerous objects.
7. If I have a current and valid concealed carry license from another state, will I be able to legally carry a pistol or revolver on permitted University property after July 1, 2024?
Yes, if the license was issued in a state that has reciprocity with West Virginia.
See the Office of the West Virginia Attorney General’s reciprocity list.
8. Is a provisional license issued under West Virginia law acceptable under the Campus Self-Defense Act?
Yes.
9. If most people can carry a gun in West Virginia without a license, why does someone need a concealed deadly weapon license?
Although West Virginia is a constitutional carry state, a license to carry a concealed deadly weapon may provide that person with some additional rights to carry a weapon in places where it might otherwise be prohibited, including other states or in specific areas on college campuses in West Virginia.
10. Where can I get more information about obtaining a current and valid license to carry a concealed weapon?
In West Virginia, applications for concealed carry permits are processed through sheriff’s departments in counties of residence. For non-residents, applications can be filed at any county sheriff’s department.
11. Is training required to carry a concealed weapon in West Virginia?
West Virginia law requires the completion of a training course in handling and firing a handgun “with live firing of ammunition by the applicant.”
The Campus Self-Defense Act does not require any specific additional training.
12. Where can I learn more about the gun laws in West Virginia?
The West Virginia Attorney General’s Office published A Guide to Concealed Handgun Laws in West Virginia in July 2020, and it contains a significant amount of useful information for those wanting to learn more about the gun laws in West Virginia.
Of particular note, the guide states that: “West Virginia recognizes the right of persons who are 21 years of age or older, not prohibited by state or federal law from possessing a firearm, and United States citizens or legal residents thereof to carry a concealed weapon within the state without first obtaining a concealed handgun license (“CHL”). This is commonly known as ‘constitutional carry.’”
EXCEPTIONS
1. What are the exceptions to the requirements in the Campus Self-Defense Act?
In general, the state law allows for exceptions to the Campus Self-Defense Act, meaning all guns, including pistols and revolvers, will remain prohibited for even licensed carriers in certain campus locations.
Read more about the exceptions listed in state code.
To address specifics of implementation throughout the West Virginia University System, the Board of Governors approved BOG Finance and Administration Rule 5.14 — Deadly Weapons, Dangerous Objects and the W.Va. Campus Self-Defense Act on April 12, 2024.
2. Under BOG Rule 5.14, where on campus are concealed pistols and revolvers allowed by those with a current and valid license beginning July 1, 2024?
With limited exceptions, BOG Rule 5.14 requires WVU to allow concealed pistols or revolvers to be carried on campuses throughout the WVU System by people with current and valid concealed carry licenses.
The Rule applies to West Virginia University campuses including Morgantown, West Virginia University Institute of Technology in Beckley, WVU Potomac State College in Keyser and Health Sciences campuses in Charleston, Martinsburg and Bridgeport.
3. What is considered the “WVU Campus?”
Under BOG Rule 5.14, “WVU Campus” means all areas, including buildings, that are under custodial possession of the WVU Board of Governors and within the same reasonably contiguous geographic area and used in direct support of, or in a manner related to, the University’s educational purposes. It does not include areas rented, leased, or under full-time occupancy and use by a private entity.
WVU Jackson’s Mill, county Extension offices, WVU farms and forests are not “on the campus” as defined by the law and BOG Rule 5.14.
4. If I have a valid concealed carry license, where am I NOT allowed to carry my pistol or revolver on WVU property starting July 1, 2024?
Under the revised and approved BOG Rule 5.14, concealed carry will remain prohibited in the following areas throughout the WVU System after the Campus Self-Defense Act takes effect July 1, 2024:
- At an organized event taking place at a stadium or arena with a capacity of more than 1,000 spectators;
- At a daycare facility located on WVU property;
- In the secure area of any building used by University Police or other law-enforcement agency on WVU property;
- In an area that has adequate security measures to ensure pistols or revolvers are not to be carried by the public into the area – any such area designated by the University under this exception will provide reasonable notice to the public and campus community;
- In an on-campus room or rooms in which a student or employee disciplinary proceeding is being held;
- In sole occupancy offices, but only in those offices where the sole occupant notifies those who may be entering that concealed pistols and revolvers are prohibited;
- At a primary or secondary education school-sponsored function being held in a specific location on WVU property that is rented, leased or under the exclusive use of the West Virginia Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board or a local public school when the function is occurring;
- At a private function that is being held in a specific location on WVU property that is rented, leased, or under exclusive use of an entity when the function is occurring – any such function designated under this exception will provide reasonable notice to attendees;
- In any WVU property where possession of a firearm is prohibited by state or federal law;
- In specifically designated areas in which patient care or mental health counseling is being provided. In these cases, the University will provide reasonable notice to the public and campus community about what areas are designated under this exception;
- In high hazardous and animal laboratories, which are defined by the Campus Self-Defense Act. In these cases, the University will provide reasonable notice to the public and campus community about what areas are designated under this exception; and
- In on-campus residence halls, except common areas such as lounges, dining areas and study areas. This exception does not apply to employees whose responsibilities require them to be in an on-campus residence hall.
5. If I have a valid concealed carry license, can I legally bring a pistol or revolver to a WVU Athletics event at the WVU Coliseum, Milan Puskar Stadium, Kendrick Family Ballpark at the Monongalia County Baseball Complex or Dick Dlesk Soccer Stadium?
No.
6. If I have a valid concealed carry license, can I legally bring a pistol or revolver to a concert or other event with more than 1,000 spectators at the Canady Creative Arts Center?
No.
7. If my office or class is in an Athletics facility, the Canady Creative Arts Center or another campus location that holds more than 1,000 spectators, are concealed pistols and revolvers prohibited at all times?
No. The concealed carry exception only applies when the organized event is taking place – when the gates or doors to the event or game are opened. At all other times, the area is treated like the rest of campus.
8. If there are minors on campus in a certain area, does that area automatically fall under the exceptions to the Campus Self-Defense Act, meaning no campus carry?
No. Only daycare facilities and specific functions under exclusive use of the state Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board or a local public school are exempt.
Prohibited areas may be identified with signs.
9. If my office is in a building that has student conduct or employee disciplinary hearings, am I allowed to carry a pistol or revolver?
It depends. Concealed pistols or revolvers are not permitted in those types of hearings. If a hearing is not being held, and your office is not in a room where such a hearing is being held, concealed pistols or revolvers would be allowed if no other exceptions apply.
10. What is a “sole occupancy” office?
A “sole occupancy” office is defined as a room with at least one door and walls that extend to the ceiling that is assigned to one person as a workspace.
11. I work in a “sole occupancy” office that does not fall under any other exceptions. What do I need to do to block concealed carry by others in my workspace?
Occupants of these types of “sole occupancy” offices wishing to request an approved sign for a prohibited area can do so by submitting a signage request.
Faculty members are encouraged to use the Faculty Senate-approved statement addressing concealed carry in their syllabi which is being finalized and will be available at tlcommons.wvu.edu/syllabus-policies-and-statements in early May.
12. What if my office, which falls under the “sole occupancy” definition, is located in an area where pistols or revolvers are prohibited? Can I still legally carry a concealed pistol or revolver?
No. If the only access to a potentially allowable space is through a prohibited area, concealed carry is prohibited in the entire area.
13. I am attending a private function at a WVU location that is being rented, leased or designated for the exclusive use of that private entity. How will I know if concealed pistols or revolvers are permitted?
It is up to the private entity to provide information about the concealed carry allowances.
14. What areas are designated as “patient care” or “mental health counseling” areas?
Starting July 1, 2024, designated areas will be marked with “No concealed carry” signage in many cases. Providers will notify patients and visitors of their policy.
Additionally, campus maps will show general areas where concealed carry is and is not allowed.
15. What areas are designated as “high hazardous and animal laboratories?"
Starting July 1, 2024, most designated areas will be marked with “No concealed carry” signage.
Additionally, campus maps will show general areas where concealed carry is and is not allowed.
16. If I have a valid concealed carry license, can I carry my pistol or revolver in my backpack?
Yes, if the backpack is always in your sole, close possession. Please note that “concealed” is defined as “hidden from ordinary observation so as to prevent disclosure or recognition.”
17. If I have a valid concealed carry license, can I bring a pistol or revolver that is not visible to others on the PRT?
Yes.
18. Are concealed pistols or revolvers allowed in on-campus University residence halls?
For the most part, no. The exceptions are common areas and among employees with valid concealed carry permits whose job responsibilities require them to be in residence halls — including resident assistants, main desk administrators, maintenance workers, campus service workers, food service workers or a person leading a program.
Under BOG Rule 5.14, the University is required to provide a secure location for the storage of a pistol or revolver in at least two on-campus residence halls on the Morgantown Campus and at least one at both the Beckley Campus and Keyser Campus.
Residence hall residents with valid concealed carry permits would be required to store their pistols or revolvers in the designated lockers prior to heading to their living spaces.
The University has been tasked with developing policies for reserving rooms in on-campus residence halls where the storage rooms are located for on-campus residents with valid concealed carry licenses, and with establishing a “reasonable” fee for the use of the secure storage facility or a safe. A process and fee structure are being finalized and will be shared at a later date.
19. I live in a residence hall. How do I get assigned a storage locker? What is the cost?
A process and fee structure are being finalized and will be shared at a later date.
20. How are residence hall storage areas for pistols and revolvers legally carried by residents secured?
Storage lockers will be available across the WVU System in the following campus locations:
- Morgantown: Summit Hall, Room 107 and Evansdale Residential Complex, Brooke Tower M62
- Beckley: University Hall 119C
- Keyser: University Place G08
Additional details are being finalized and will be shared at a later date.
21. What are the penalties if I forget to place my pistol or revolver in a designated storage locker before going to my residence hall room?
Violations will be addressed on a case-by-case basis.
22. Can a resident assistant, a main desk secretary, maintenance worker, campus service worker, food service worker, work study or person leading a program with a valid permit legally carry a concealed pistol or revolver anywhere in a residence hall?
Yes, if job responsibilities require the employee to be in the residence hall. Importantly, this is only while the person is in the on-campus residence hall for purposes of employment. This is the only instance where the law allows an employee who is not in law enforcement to carry in a prohibited area.
It is important to note that resident assistants are considered in the residence hall for purposes of their employment when they were on-duty and actively working. At other times, resident assistants are expected to store any pistol or revolver like other students living in residence halls.
23. What concealed carry regulations are in place for University Apartments (College Park, University Park, University Place and Vandalia)?
BOG Rule 5.14 applies to WVU Campus spaces and so that includes common areas and grounds around University Apartments, i.e., parking lots, hallways and offices which are treated like other areas of campus.
The apartments themselves for University Apartments are not subject to the Rule since those areas are rented, leased or are under an exclusive agreement for the full-time occupancy and use of a private entity.
24. Does the University provide lockers or safes for gun storage on campus by University community members who don’t live in on-campus residence halls?
No.
25. I am an employee with a valid concealed carry license. Am I allowed to carry my firearm while driving a state vehicle or a rental vehicle while on University business?
If you are on campus, then it does not matter whether you are in a vehicle – the general rule will apply. However, if you are off campus, then employees will be subject to the applicable laws, and it is your responsibility to know them. Although employees may be able to carry on campus, there is nothing in the Campus Self-Defense Act or the Business Liability Protection Act that allows employees to store pistols or revolvers in state vehicles.
IMPLEMENTATION
1. How has WVU been working to implement the Campus Self-Defense Act?
After the West Virginia Legislature passed the Campus Self-Defense Act in 2023, a Campus Safety Steering Group was created. The Steering Group consisted of various members of the University community and was tasked with enhancing the safety and well-being of our campus communities by continually evaluating and enhancing safety initiatives, community outreach and engagement, training opportunities and communication.
The Steering Group also created four sub-groups: Campus Carry, On-Campus Safety, Morgantown Partnership and Communications.
More information about the groups’ work can be found at: safety.wvu.edu/safety-on-campus/campus-safety-steering-group.
The Campus Carry subgroup met throughout the 2023-2024 academic year and, among other things, suggested to the Campus Safety Steering Group that it recommend to the Board of Governors that it create a Rule regarding the University’s implementation of the Act.
2. Why was it necessary for the Board of Governors to issue a Notice of Proposed Rulemaking to implement the Campus Self-Defense Act?
Although the Campus Self-Defense Act includes several exceptions to the campus carry requirement, those exceptions are not automatically required by law. Rather, consistent with the West Virginia Business Liability Protection Act, the Board, as the entity that owns West Virginia University property, had to decide which, if any, exceptions it would adopt. Accordingly, the Board did so through its rulemaking process.
3. What does the BOG rule implementing the Campus Self-Defense Act do?
On Feb. 26, 2024, a proposed rule being considered by the Board of Governors, which was necessary to move forward with the implementation of the law, was put out for public comment. The Board approved BOG Finance and Administration Rule 5.14 — Deadly Weapons, Dangerous Objects and the W.Va. Campus Self-Defense Act on April 12.
The Rule prohibits deadly weapons and dangerous objects, as defined by the rule, on WVU campuses except for those individuals who hold a license to carry a concealed deadly weapon when they are carrying a concealed pistol and revolver in a permissible area.
Additionally, the Rule directed resources to be developed relating to the University’s compliance with the Act and frequently asked questions be answered and posted publicly.
Read more on the BOG Rules website.
4. Who is responsible for knowing and following the provisions in the Campus Self-Defense Act?
The individual carrying the gun or revolver is expected to know and follow applicable laws.
5. What should I do if I see a person carrying a pistol, revolver or any other type of deadly weapon or dangerous object openly?
The law requires pistols and revolvers to remain concealed.
There are limited exceptions to this, such as for law enforcement officers, the Mountaineer mascot or members of the WVU Rifle team within the scope of their activities.
If a person’s pistol or revolver is not concealed — meaning it is fully showing, outlined or becomes visible as they move — contact UPD at 304-293-3136 and provide as much information as possible. An officer will follow up with the situation, when warranted.
If you see a rifle or larger firearm on campus or if anyone is ever acting in a threatening or suspicious manner with any firearm, including a pistol or revolver that is supposed to be concealed, call 911 immediately.
6. How will I know where concealed carry is allowed and where it is not on campus starting July 1, 2024?
In certain instances, signs will be used to designate excluded areas.
Additionally, in some cases, “No concealed carry” notices will be included on ads, tickets or other communications, when applicable.
To help raise awareness, Auxiliary and Business Services, working with the University Police Department and others, is developing campus maps showing prohibited areas, in general.
Once finalized, these maps, in conjunction with signage, will assist in informing where licensed concealed pistol and revolvers are not allowed.
Ultimately, though, it is up to the concealed carry license holder to know the specifics of BOG Rule 5.14 and to follow the regulations while on campuses throughout the WVU System.
7. What if I am carrying a concealed revolver or pistol and I have to go into an area where concealed revolvers and pistols are prohibited?
Members of the University community should make plans to store or leave at home anything that would be prohibited in a specific area where they must go to do their job or attend class.
Employees or students may, consistent with their schedule, decide to secure any pistols or revolvers they may be carrying in their vehicles as long as vehicles are locked and guns are out of view, as required by the West Virginia Business Liability Protection Act.
8. What should I do if I think a person has a concealed pistol or revolver in a prohibited area?
Contact UPD at 304-293-3136. An officer will make the determination and, if necessary, ask the person to leave. Refusing to do so may warrant further action from UPD.
9. What happens if a University employee or student violates Rule 5.14?
Any employee or student who does not follow the requirements of Rule 5.14 could face disciplinary action, including a warning, suspension, termination or other appropriate step. Conduct that may not violate this specific Rule could still be prohibited under a different Rule, policy or standard of behavior which may lead to additional action.
10. What happens if a person who is not a University employee or student violates Rule 5.14?
That person may be asked to leave campus or temporarily turn over the prohibited item. Refusal could potentially lead to a criminal charge or a trespassing notice.
11. What kind of training does the University offer on gun safety?
The University Police Department offers active shooter, self-defense and verbal de-escalation training.
12. As a student, am I safe on campus? As a faculty or staff member at WVU, am I safe on campus?
We want everyone to feel safe at West Virginia University and we work each day on measures to help ensure that.
Members of the University’s Campus Safety Steering Group have been building on existing University safety measures while establishing the groundwork for additional campus safety steps, including campus carry provisions.
Find University safety resources.
13. I am a parent, and I am worried about my student. Will they be safe on campus?
We understand that parents are concerned about the safety of their students. We are committed to following the law while putting in place measures based on best practices to prioritize the safety of the entire University community.
See the latest Clery Act report.
14. How will I receive information and updates about the Campus Self-Defense Act specifically at WVU?
Now that BOG Rule 5.14 has been finalized and adopted, the University will provide additional information regarding implementation across the WVU System and will share updates with the University community through MOUNTAINEER E-News, Unews and other sources, including FAQ and resources available at safety.wvu.edu/campus-carry.
15. Where can I get answers to additional questions?
For specific questions not addressed here, please send an email to the University’s Safety account at safety@mail.wvu.edu.