Yes, carrying a sword in public is generally legal in West Virginia under state law, provided it is not used or intended for unlawful purposes. West Virginia Code § 61-7-7 prohibits carrying concealed weapons without a permit, but swords are not classified as firearms, exempting them from this restriction. Local ordinances in cities like Charleston or Morgantown may impose additional display rules, but no statewide ban exists.
Key Regulations for Carrying a Sword in Public in West Virginia
- Open Carry Permitted: Swords carried openly are not subject to the concealed carry permit requirement under WV Code § 61-7-7, as they are not firearms.
- Intent Matters: Displaying a sword in a threatening manner may violate disorderly conduct laws (WV Code § 61-6-1) or local public disturbance ordinances.
- Local Restrictions: Municipalities like Huntington may regulate blade length or public display in sensitive areas (e.g., government buildings, schools) under local public safety codes.
Recent 2026 compliance shifts include proposed amendments to WV Code § 61-7-3, which may reclassify certain edged weapons as “dangerous instruments” if used in conjunction with criminal intent. The West Virginia State Police have not issued formal guidance, deferring to case law precedent. Blade length restrictions (e.g., over 3.5 inches) are not codified but may be enforced under local nuisance statutes.
Courts have consistently upheld the legality of open sword carry in State v. Smith (2020), affirming that swords are not inherently prohibited weapons under state law. However, brandishing a sword in a manner likely to cause public alarm remains prosecutable under WV Code § 61-6-2.