Disclaimer: To get started, we want to share a small disclaimer. We are dedicated and proud supporters of everything 2nd amendment, but we are not lawyers. So, before you take what you read here and run with it, you will want to double-check all of your local or state gun laws. Make sure you are up to date on any special regulations that may apply to you and your situation. Gun laws are always changing and always do your part to stay up to date with the newest and current laws.
This information is provided as a service to the public. It is NOT intended to be taken as legal advice and should never be considered as such. Make sure to do your own research as you and you alone are responsible for your own actions.
This is a developing list of information we intend to update regularly to stay accurate and current. If you see a discrepancy or a mistake with your home state’s laws that we’ve covered, feel free to let us know so we can correct it. Thank you and stay safe!
What is an 80% Lower?
An 80% lower receiver is an unfinished and unserialized blank which requires some machining work from the end user to turn it into a 100% lower receiver, otherwise, what is legally considered as a firearm. 80 lowers are missing the trigger pocket and three holes that need to be milled and drilled out to be completed. Unless states have passed their own laws barring the possession or sales of 80% products; pending the ATF's updated decision from the most recent proposed rule 2021R-05 80% lowers are completely legal, not considered firearms and thus can be shipped straight to your front door. No FFL required. To explore the 80% lower receivers we have to offer, check out our multiple collections.
Are 80 Lowers Legal In West Virginia?
As of this guide’s initial publish date, 80% lower receivers and frames are not considered as firearms by the ATF however they are legal to ship directly to buyers residing in West Virginia.
Do I Need to Serialize My 80 Lower in West Virginia?
If you build out your own firearms starting with 80 lowers in West Virginia you do not need to serialize the lower receiver or frame as there are currently no laws requiring citizens to do so. Should you wish to serialize your lower receiver you certainly can if necessary through our 80 lower engraving services.
Key Gun Laws in West Virginia
Other than laws regarding 80 lowers, these are the key gun laws you should be aware of if you reside or are traveling through West Virginia.
Firearm Possession and Purchase Requirements
To purchase a long gun in West Virginia buyers must be at least 18 years old. To purchase a handgun in West Virginia buyers must be at least 21 years old. No extra permits are needed to purchase handguns or long guns in West Virginia nor is extra registration necessary. West Virginia’s minimum age for possession of any firearm including a concealable gun is 18 years old and there is no minimum age restriction for possession of long guns. In the event a minor is in possession of a handgun the normal exemption applies when minors have prior written consent from their parents or guardian or if they are in direct supervision or presence of their parents, guardian or when attending a hunter’s or firearms safety course, using the gun for target practice or recreational shooting at an established range, involved in an organized competition, hunting or trapping with a valid license, traveling to and from these events, or at their own residence with permission and supervision of a parents or a legal guardian.
All firearm purchases and transfers require a background check not including private party transfers (Dealer Record of Sale also known as 4473 form or “DROS”). While federal law requires federal firearm license holders (“FFL’s”:) to initiate background checks on buyers prior to the sale of a firearm, federal law also allows states to serve as their own “point of contact” and conduct their own background checks via state, federal records or databases, as well as the option to use the FBI’s National Instant Criminal Background Check System (“NICS”) database. West Virginia is not a point of contact for the NICS and as a result, dealers must conduct their background checks by going through the FBI. West Virginia CCW holders are exempt from background checks when purchasing a gun from a FFL dealer.
Open and Concealed Carrying
West Virginia is a “shall-issue” and permitless carry state for concealed carrying. Permits are still being issued for reciprocity purposes with other states in the form of a “CHL” or a Concealed Handgun License. Open carrying is also legal in West Virginia without a permit for any person who is at least 18 years old and legally allowed to possess a firearm. Some areas are off limits so be sure to do your own research prior to going to new or unfamiliar places. Resident and non-resident applicants need to be at least 21 years old and to complete a state approved firearms training course. For individuals between the age of 18 to 21 there is also a provisional CHL that is available. In terms of reciprocity West Virginia honors all out-of-state CCWs. For more details on their concealed carrying policies see West Virginia’s reciprocity map here.
NFA weapons and related items such as automatic machine guns or suppressors are legally allowed for civilian ownership in West Virginia provided they have the proper documentation filed with the ATF. Thankfully, West Virginia does not have an “assault weapons” ban either.
Magazine Capacity Restrictions
There are no magazine capacity restrictions in West Virginia. Enjoy those sticks, drums and belt-fed box magazines! We carry plenty of standard capacity magazines like Lancer's 30-round Warfighter mag. Our favorite color is the translucent smoke one.
Mandatory Storage Requirements
West Virginia does not have any mandatory storage requirements but you should still exercise caution because you can be tried for negligently leaving your guns accessible to children. If you need some good ideas or best practices for storing your guns and gear here are 5 ways to store your firearms at home.
West Virginia is a castle doctrine state and has an explicit stand your ground law in place which removes residents’ duty to retreat before exercising the use of force or violence in defense of themselves or others.
West Virginia does not require a license for the purchase, possession or sale of ammo. Sales records do not have to be maintained by sellers either. Essentially, all ammunition is unrestricted in West Virginia. Online ammo purchases require buyers to be at least 21 years old but can be straight to your front door.
Start Your Next 80 Lower Build with 80% Arms!
West Virginia residents are completely free to build their own firearms from 80 lowers and frames without any required serialization or FFL transactions. At this time there have not been any bans on 80 percents so take advantage of your constitutional Second Amendment right and freedom to keep, bear and build your own arms while you can! Grab our patented lower jig and some buddies to enjoy that freedom together and let us know if you need any advice with your build at any point in the process. Friends, live free.