West Virginia

5. Threat to human life

There are no cases in West Virginia where the courts have discussed the issue of a matter subpoenaed involving a threat to human life.

a. Denial.

(This section is blank. See the point above.)

K. Gun permits.

West Virginia requires those who desire to carry concealed weapons to obtain a license. W. Va. Code § 61-7-4. The license application must be made to the county sheriff. If the license is granted after an investigation, the County Sheriff is required to forward to the Superintendent of the West Virginia State Police a certified copy of the approved application. The Superintendent of the West Virginia State Police is required to maintain a register of all persons who have been issues concealed weapons licenses. W. Va. Code § 61-7-4.

1. Executive branch.

Since every individual state officer constitutes a "public body" under the Freedom of Information Act (cf. Daily Gazette v. Withrow, 177 W. Va. 110, 350 S.E.2d 738 (1986)), the records of the executives themselves (governor, mayor, other chief executive) are subject to the act so long as they "contain information relating to the public's business." The FOIA makes no other distinctions based upon the functions of a public agency.

E. Minor testimony


West Virginia


(This section is blank. See the subpoints below.)

D. Non-compliance remedies

In West Virginia, there is no special exemption for reporters to protect them from contempt holdings for failing to testify. Thus, if a court finds a reporter in contempt of an order compelling the reporter to testify or produce information, the court has available to it the full range of penalties or remedies to impose on the reporter that it could impose on any other person who fail to comply with a valid, upheld subpoena.

2. Time limits for filing appeals.

The losing party has four months from the entry of the circuit court's ruling to appeal to the state Supreme Court.

3. Contact of interested amici.

The Reporters Committee for Freedom of the Press has a substantial interest in reporters' rights of access to government information and frequently files friend-of-the-court briefs for open records issues when they are being considered at the highest appeal level in the state. Other news organizations and associations within the state also may want to support your position by filing amicus briefs, since any decision in your case will affect them all.