Yes, blank-firing guns are legal in West Virginia but subject to state and federal firearm regulations. West Virginia law treats them as firearms under W. Va. Code § 61-7-1, requiring compliance with background checks and dealer transfers. Local ordinances, such as those enforced by the West Virginia State Police Firearms Licensing Division, mandate registration for transfers, though no state permit is required for possession. Federal ATF guidelines classify blank-firing devices as “curios or relics” exempt from NFA restrictions, provided they lack readily convertible firing mechanisms.
Key Regulations for Blank Firing Guns in West Virginia
- Dealer Transfer Mandate: All blank-firing guns must be transferred through a licensed Federal Firearms Licensee (FFL), per W. Va. Code § 61-7-3, with a completed ATF Form 4473 and background check.
- Age Restrictions: Purchasers must be 18+ for long guns and 21+ for handgun-style blank-firing devices, aligning with federal age thresholds under 18 U.S.C. § 922(x).
- Local Ordinance Compliance: Municipalities like Charleston and Morgantown may impose additional storage or display rules, though state preemption under W. Va. Code § 8-12-5 limits local firearm restrictions.
Blank-firing guns must not be modified to discharge projectiles, as this violates W. Va. Code § 61-7-15, classifying such devices as destructive devices under federal law. Retailers in West Virginia must verify that blank-firing guns lack rifled barrels or other features enabling projectile discharge, per ATF Ruling 2011-4. Failure to adhere to these provisions may result in felony charges under state statutes.