Gun Laws/West Virginia/Reviewed September 16, 2026
Does West Virginia have a red flag law?
Quick answer
No
West Virginia has no red flag law.
3 of West Virginia's 5 neighboring states have the same status.
Not legal advice. Source: GunPartPicker state law review, September 16, 2026
Red flag laws by state
West Virginia law in detail
- West Virginia has no red flag law. There is no state process for a court to temporarily remove firearms on a risk petition.
- There is no federal red flag order either. The 2022 Bipartisan Safer Communities Act funds state programs but does not create one.
The federal rule
There is no federal red flag order. Red flag laws, also called extreme risk protection orders, let a state court temporarily remove firearms from someone found to be a danger; the 2022 Bipartisan Safer Communities Act funds state programs but does not create one.
Red flag in neighboring states
Frequently asked questions
Does West Virginia have a red flag law?
No. West Virginia has no red flag law. Reviewed September 16, 2026.
What is the federal rule on red flag laws?
There is no federal red flag order. Red flag laws, also called extreme risk protection orders, let a state court temporarily remove firearms from someone found to be a danger; the 2022 Bipartisan Safer Communities Act funds state programs but does not create one.
How many states restrict red flag laws?
Nationwide by our review: 28 states: no red flag law; 22: red flag law.
More West Virginia gun laws
Legal disclaimer: This page summarizes state law for general information and is not legal advice. Laws change and local rules can be stricter. Confirm with the West Virginia statutes, the state attorney general or a licensed attorney before buying, building or traveling.