State suppressor law

West Virginia Suppressor Laws in 2026: No State Hurdle, and a Plaintiff in the Case That Changed the NFA

By Cole Harlan, EditorUpdated Oct 26, 2026How we verifyEditorial standards

West Virginia's weapons article doesn't mention suppressors or short-barreled rifles, so ATF's October 9, 2026 decision to stop enforcing NFA registration leaves West Virginians with only the federal rules that didn't change. The state was one of the plaintiffs that won Silencer Shop Foundation v. ATF. Its one NFA-specific statute, a 2015 law forcing sheriffs and police chiefs to sign off on NFA forms, has had little to do since federal rules dropped the sign-off.

Not legal advice. This page summarizes the West Virginia Code, the West Virginia Division of Natural Resources' regulations summary, a statement from the Attorney General and federal guidance as of the date above. Talk to your dealer or a West Virginia attorney if your situation is unusual.

The short answer

Suppressors are legal to own in West Virginia. Article 7 of Chapter 61 of the West Virginia Code, the state's dangerous weapons article, doesn't list or define silencers or suppressors.
No state SBR or SBS offense, either. We read the article's section list and definitions (61-7-2) and found no short-barreled rifle or shotgun provision. The only NFA item it names is the machine gun.
Machine guns still need full federal compliance. Section 61-7-9 is the one place state law turns on federal paperwork, and ATF's October 9 change doesn't cover machine guns.
Hunting with a suppressor: not prohibited in the sources we read, but not confirmed. Neither 20-2-5 (unlawful hunting methods) nor the DNR's 2026-2027 regulations summary mentions suppressors. See the hunting section below.
Federal rules that didn't change still apply: Form 4473 and a background check at the dealer, and Form 20 approval before taking an SBR or SBS across state lines.

What West Virginia law says

The definitions in W. Va. Code 61-7-2 cover antique firearms, blackjacks, deadly weapons, pistols, revolvers, switchblade knives and more. None of them is a silencer or a short-barreled long gun, and no section of Article 7 makes owning one a crime.

Machine guns are different. Section 61-7-9 says "It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or any other fully automatic weapon unless he or she has fully complied with applicable federal statutes and all applicable rules and regulations of the secretary of the treasury of the United States relating to such firearms." A violation is a misdemeanor with a fine of $1,000 to $5,000, 90 days to one year in county jail, or both. ATF's October 9 letter doesn't change anything for machine guns, so neither does this.

The sheriff sign-off law (61-7-16)

In 2015 the Legislature passed Senate Bill 284, now W. Va. Code 61-7-16. It says that "When certification of a chief law-enforcement officer is required by federal law or regulation for the making, transfer, receipt or possession of a firearm," the officer "shall, within thirty days of receipt of such a request, provide such certification" unless the applicant is prohibited. "Firearm" here has the National Firearms Act meaning in 26 U.S.C. 5845(a). The section also says "A generalized objection" to people owning lawful firearms "does not constitute a valid basis for refusing certification," and an applicant who is denied can appeal to circuit court.

The law only kicks in when federal law requires a certification. Current federal rules don't. Under 27 CFR 479.62(c), applicants only "forward a completed copy" of the form to the chief law enforcement officer, which is notice, not approval. With ATF no longer enforcing NFA approval for suppressors, SBRs and SBSs, most West Virginians won't file a form at all. If you do file a voluntary Form 1 or Form 4, you'll still send the copy.

What the Attorney General has said

West Virginia joined Silencer Shop Foundation v. ATF with 14 other states. After the Northern District of Texas ruled in August, Attorney General JB McCuskey said: "The federal government has long used its taxing power as a backdoor to impose invasive registration mandates on law-abiding citizens. We recognized that once the tax was eliminated, the regulations needed to go too."

His office's August 14, 2026 update was careful about who the ruling covered. It "clearly applies to West Virginia's state agencies, along with the members and customers of the specific organizations and companies involved in the case. It is less clear whether it applies to individual West Virginians beyond those." Its advice then: "For now, our advice is to continue to follow the direction of the ATF."

ATF's direction has since changed. On October 9 it said it would stop enforcing NFA approval and registration for suppressors, SBRs, SBSs and AOWs nationwide, so following ATF now means a Form 4473 at the dealer and no Form 4. We haven't found a newer statement from the Attorney General's office. West Virginia's Attorney General also signed the September 4, 2026 multistate letter, co-led by Arkansas, Kentucky and Texas, asking Congress to repeal the provisions the court struck down. Read our case explainer and NFA lawsuit tracker.

What federal law still requires

ATF's October 9 open letter stops enforcement of NFA approval and registration for suppressors, SBRs, SBSs and AOWs. It doesn't touch the Gun Control Act, so:

Dealers still run a Form 4473 and NICS check and keep records, and prohibited persons still can't possess these items.
Interstate travel with an SBR or SBS still needs Form 20 approval under 18 U.S.C. 922(a)(4), registered or not. Suppressors don't need a Form 20. See SBR rules 2026.
Machine guns are unchanged under federal law and under 61-7-9.
A voluntary Form 4 or Form 1 is still available at $0 tax. ATF says it will keep processing them. See NFA wait times.

Hunting with a suppressor in West Virginia

We haven't confirmed West Virginia's hunting rule on suppressors. Here's what we checked on October 26, 2026. W. Va. Code 20-2-5, which lists unlawful methods of hunting, doesn't mention suppressors or silencers. The DNR's 2026-2027 Hunting and Trapping Regulations Summary lists what "It is illegal to hunt deer with," including "a fully automatic rifle, shotgun or handgun," and doesn't list suppressors. The word doesn't appear anywhere in the summary.

That's an absence, not a rule saying yes, and the summary isn't the full legislative rules. Before you hunt with a can, confirm with the West Virginia DNR or a natural resources police officer.

What to do if you live in West Virginia

Buying a suppressor: a dealer can sell on a Form 4473 and NICS check. West Virginia law adds nothing on top.
SBRs and SBSs: no state offense, but federal rules still apply, including the dealer-sale gap explained on our SBR page and Form 20 for travel.
Filing a voluntary form anyway: you'll send a copy to your sheriff or police chief. No sign-off is needed.
Hunting: check with the DNR first, as explained above.

West Virginia has 38,787 registered suppressors, according to ATF registry data obtained by the American Suppressor Association. For comparison, see Ohio, where state law is written around the federal registry and the Attorney General has asked lawmakers to clarify it, and Virginia, or compare every state in the 2026 State Gun Law Scorecard.

Frequently asked questions

Are suppressors legal in West Virginia in 2026?

Yes. West Virginia's dangerous weapons article (W. Va. Code 61-7) doesn't list or define suppressors, and no state law ties ownership to NFA registration. Federally, ATF stopped enforcing NFA approval and registration for suppressors on October 9, 2026; a Form 4473 and background check are still required at the dealer.

Does West Virginia require a sheriff to sign NFA forms?

W. Va. Code 61-7-16 requires a chief law-enforcement officer to provide a certification within 30 days when federal law requires one. Current federal rules (27 CFR 479.62(c)) only require sending the officer a copy of the form, so no sign-off is needed.

Are SBRs legal in West Virginia?

We found no short-barreled rifle or shotgun offense in W. Va. Code 61-7. Federal rules still apply, including Form 20 approval before taking an SBR or SBS across state lines.

Can you hunt with a suppressor in West Virginia?

We haven't confirmed it. W. Va. Code 20-2-5 and the DNR's 2026-2027 regulations summary don't mention suppressors, but that's an absence, not an authorization. Check with the West Virginia DNR before you hunt with one.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.

American Suppressor Association via NASGW: The Suppressor Map, state counts from ATF FOIA request 2026-01285 (May 2026) (industry group)