(a) In addition to any other prohibitions which may exist by law, it shall be unlawful for any person to shoot or discharge any firearms:
(1) Across or in any public road in this state, at any time;
(2) Within five hundred feet of any school or church; or
(3) Within five hundred feet of any dwelling house: Provided, That a person who is a resident of a dwelling house, and his or her authorized guest, may shoot or discharge a firearm in a lawful manner within five hundred feet of the dwelling house where the person lives, if the firearm is being discharged with the express or implied knowledge and consent of all residents of that dwelling house, and no other dwelling houses are located within five hundred feet of where the firearm is discharged; or
(4) In any state, county or municipal park in areas of which the discharge of firearms is prohibited.
(b) Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail for not more than one hundred days, or both fined and confined.
(c) Notwithstanding the provisions of subsection (a) of this section, any person operating a gun repair shop, licensed to do business in the State of West Virginia and duly licensed under applicable federal statutes, may be exempted from the prohibition established by this section and section twelve, article seven, chapter sixty-one of this code for the purpose of test firing a firearm. The director of the Division of Natural Resources shall prescribe such rules as may be necessary to carry out the purposes of the exemption under this section and section twelve, article seven, chapter sixty-one and shall ensure that any person residing in any dwelling home within five hundred feet of such gun repair shop be given an opportunity to protest the granting of such exemption.
(d) The provisions of this section are not applicable to indoor shooting ranges the owner or operator of which holds all necessary and required licenses and the shooting range is in compliance with all applicable state, county, municipal laws, rules or ordinances regulating the design and operation of such facilities.
Structure West Virginia Code
§20-2-1. Declaration of Policy
§20-2-1a. Wildlife Resources Division; Organization and Administration
§20-2-2. Violations of Article
§20-2-2a. Interference With Hunters, Trappers and Fishermen
§20-2-3. State Ownership of Wildlife
§20-2-4. Possession of Wildlife
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts; Sunday Hunting
§20-2-5e. Assessment Fee for Decoy Animals
§20-2-5f. Nonresident Dog Training for Coon Hunting; Training Season
§20-2-5g. Use of a Crossbow to Hunt
§20-2-5h. Elk Management Area; Elk Damage Fund; Criminal Penalties; Rule-Making
§20-2-5i. Waste of Game Animals, Game Birds, or Game Fish; Penalties
§20-2-5j. Leashed Dogs for Tracking Mortally Wounded Deer or Bear
§20-2-5k. Use of Air Rifles to Hunt
§20-2-6. Carrying Gun on Landowner's Land
§20-2-7. Hunting, Trapping or Fishing on Lands of Another; Damages and Restitution
§20-2-8. Posting Unenclosed Lands; Hunting, etc., on Posted Land
§20-2-9. Unlawful Posting of Lands
§20-2-10. Destruction, etc., of Signs Posted Under Chapter
§20-2-11. Sale of Wildlife; Transportation of Same
§20-2-12. Transportation of Wildlife Out of State; Penalties
§20-2-13. Importation of Wildlife; Certification and Inspection of Imported Wildlife
§20-2-14. Propagation of Wildlife for Commercial Purposes
§20-2-17. Hunting Fur-Bearing Animals; Possession of Fur; Disturbing Traps of Another
§20-2-18. Number and Types of Traps
§20-2-21. Reporting Beaver and Otter Pelts Taken and Tagged
§20-2-22. Tagging, Removing, Transporting and Reporting Bear, Deer, Wild Boar and Wild Turkey
§20-2-23. Outfitters and Guides -- Generally; Definitions
§20-2-23b. Whitewater Study and Improvement Fund
§20-2-23c. Voluntary Contributions to Whitewater Advertising and Promotion Fund
§20-2-23d. Bond; Revocation of License; Licensing Carrying Requirement; Criminal Penalties
§20-2-23e. Implementation of Allocation Methodology
§20-2-24. Outfitters and Guides -- Qualifications
§20-2-25. Same -- License Applications; National Forest Requirements
§20-2-26. Same -- License Fee; Bond; Revocation of License; Penalties
§20-2-27. Necessity for License
§20-2-28. When Licenses or Permits Not Required
§20-2-29. Conservation of Species and Request for Public Records
§20-2-31. Size and Form of License and Tag; Contents; Unlawful to Alter Licenses or Permits; Penalty
§20-2-32. Issuance of Licenses; Duplicate Licenses
§20-2-33. Authority of Director to Designate Agents to Issue Licenses; Bonds; Fees
§20-2-33b. Electronic Application Donation to Fund the Coyote Management Program
§20-2-34. Disposition of License Fees and Donations; Reports of Agents; Special Funds and Uses
§20-2-35. Period During Which License Valid
§20-2-36a. Hunting or Fishing When License Revoked; Penalty
§20-2-38. Refusal or Revocation of License or Permit
§20-2-42. Effective Date and Indexing of License and Stamp Fees
§20-2-42a. Class a Resident Hunting and Trapping License
§20-2-42b. Class B Resident Fishing License
§20-2-42c. Class C Courtesy Statewide Hunting and Fishing License
§20-2-42d. Class E Nonresident Hunting and Trapping License
§20-2-42e. Class Ee Nonresident Bear Hunting License
§20-2-42f. Class F Nonresident Fishing License
§20-2-42g. Class H Nonresident Small Game Hunting License
§20-2-42h. Class J Nonresident Small Game Shooting Preserve License
§20-2-42i. Class Ll Nonresident One-Day Fishing License
§20-2-42j. Class X Resident Hunting, Fishing and Trapping License
§20-2-42l. Class A-L Small Arms Hunting Stamp
§20-2-42m. Class I Nonresident National Forest Hunting, Trapping and Fishing Stamp
§20-2-42n. Class N Resident and Class Nn Nonresident Antlerless Deer Hunting Stamp
§20-2-42o. Class O Resident and Class Oo Nonresident Trout Fishing Stamp
§20-2-42p. Class Rg Resident and Class Rrg Nonresident Gun Deer Hunting Stamp for an Additional Deer
§20-2-42s. Class Uu Nonresident Archery Deer Hunting Stamp
§20-2-42t. Class Vv Nonresident Muzzle-Loading Deer Hunting Stamp
§20-2-42u. Class Ww Nonresident Turkey Hunting Stamp
§20-2-42v. Class Bg Resident Big Game Stamp
§20-2-42w. Class Y Special Crossbow Hunting Permit for Certain Disabled Persons
§20-2-42x. Class Xs Resident Senior Hunting, Fishing and Trapping License
§20-2-42y. Class Ah, Ahj, Aah, Aahj Apprentice Hunting and Trapping Licenses; Penalties
§20-2-42z. Class L Resident Five-Day Fishing License
§20-2-44b. Bear Damage Stamp; Proceeds to Be Paid Into Bear Damage Fund; Purposes, etc.
§20-2-46e. Class Q Special Hunting Permit for Disabled Persons
§20-2-47. License for Private Game Farm for Propagating Animals and Birds for Commercial Purposes
§20-2-49. Licenses for Dealers in Furs, Pelts, etc.
§20-2-50. Permit to Hunt, Kill, etc., Wildlife for Scientific or Propagation Purposes
§20-2-50a. Wildlife Damage Control Agents; Licensing
§20-2-51. Permit for Keeping Pets
§20-2-52. Permits for Roadside Menageries
§20-2-53. License for Privately Owned Commercial Fishing Preserve
§20-2-54. License for Privately-Owned Commercial Shooting Preserves
§20-2-55. License to Catch and Sell Minnows or Other Bait Fish
§20-2-56a. Bird Dog Training Permit
§20-2-58. Shooting Across Road or Near Building or Crowd; Penalty
§20-2-59. License to Take Fish and Mussels for Commercial Purposes in Certain Waters
§20-2-60. Required Attire for Deer Hunters; Exemption; Penalty
§20-2-62. Persons Exempt From Obtaining Hunting and Fishing Licenses; Qualification
§20-2-64. Regulating Release of Fish, Water Animal and Other Aquatic Organisms; Stocking Permit