CHARLESTON, WV — The West Virginia House of Delegates has passed House Bill 4106, legislation that would allow law-abiding adults ages 18 to 20 to carry a concealed deadly weapon without first obtaining a provisional license.
House Bill 4106, introduced by Delegate Horst and co-sponsored by Delegates Brooks, Dean, Holstein, Kimble, Mallow, Martin, Masters, Phillips, Ridenour, and Ward, passed the House on February 17, 2026, and has been communicated to the Senate for further consideration during the 2026 Regular Session.
What House Bill 4106 Does
HB 4106 amends and reenacts sections §61-7-6, §61-7-7, and §61-7-8 of the West Virginia Code and repeals §61-7-3.
Under current law, adults between the ages of 18 and 20 may legally possess a handgun but must obtain a provisional concealed carry permit to carry concealed. HB 4106 removes that requirement.
Specifically, the bill:
- Repeals §61-7-3, which created the offense of carrying a deadly weapon without a provisional license for persons under 21.
- Amends §61-7-7(c) to lower the age for constitutional carry from 21 to 18 for eligible individuals.
- Clarifies that any person who is at least 18 years old, is a U.S. citizen or legal resident, and is not prohibited under state or federal law from possessing a firearm may carry a concealed deadly weapon without a license.
- Maintains existing prohibitions for individuals convicted of felonies, certain domestic violence offenses, those subject to qualifying protective orders, unlawful users of controlled substances, and others barred under state or federal law including 18 U.S.C. §922(g) or (n).
- Clarifies that minors under the age of 18 remain prohibited from possessing or carrying deadly weapons, with limited exceptions such as lawful hunting.
- Specifies that a minor unlawfully carrying a deadly weapon may be adjudicated delinquent as if he or she committed a violation of §61-7-7(a).
The bill does not change existing prohibitions on firearm possession for prohibited persons, nor does it alter penalties for unlawful possession by those disqualified under state or federal law.
Legislative History
HB 4106 was introduced on January 14, 2026, and referred to the House Judiciary Committee. After markup discussions and committee review, the bill was reported with a “do pass” recommendation on February 12, 2026.
An amendment was reported on February 16 but was rejected by voice vote. The bill advanced through second and third readings on the Special Calendar and ultimately passed the House by roll call vote No. 101 on February 17, 2026. It was then communicated to the Senate the same day.
The bill’s companion measure, Senate Bill 30, addresses similar subject matter.
Equal Protection Under the Law
HB 4106 addresses what many lawmakers and gun owners view as a clear inconsistency in current West Virginia law. Adults between the ages of 18 and 20 are legally permitted to vote, enter binding contracts, serve in the United States military, and are held fully accountable under the criminal justice system. Yet, until now, they have been required to obtain a provisional permit in order to carry a concealed firearm.
Gun rights organizations, including Gun Owners of America, have called on legislators to advance the measure, noting that it ensures law-abiding young adults are treated the same as other adults under West Virginia’s constitutional carry framework.
West Virginia previously adopted permitless concealed carry for individuals 21 and older. HB 4106 extends that same standard to adults 18 and over who are not otherwise prohibited from possessing firearms under state or federal law.
If approved by the Senate and signed by the governor, the legislation would formally recognize the right of eligible 18 to 20 year olds to carry concealed without a permit under state law.
The bill now awaits consideration in the West Virginia Senate.
West Virginia has consistently affirmed the right of law-abiding citizens to carry firearms for self-defense. HB 4106 reinforces the principle that constitutional rights apply equally to all adults who meet the legal requirements. By maintaining strict prohibitions for violent offenders and other disqualified individuals while extending permitless carry to responsible young adults, lawmakers are continuing to align state statute with established Second Amendment protections.
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