Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

West Virginia is not a point of contact state for NICS. West Virginia has no state law requiring firearms dealers to initiate a background check prior to transferring a firearm. In West Virginia, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal prohibitions referenced above.¹

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.² As a result, concealed weapon permit holders in Wyoming are exempt from the federal background check requirement when purchasing a handgun.³ (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.) Wyoming’s Provisional Concealed Handgun Licenses, however, do not meet the exemption standard, and licensees purchasing firearms still need to receive a NICS background check. ⁴

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in West Virginia, although federal and state purchaser prohibitions still apply. See the Universal Background Checks in West Virginia section.