West Virginia
Weird Laws in West Virginia: Which Are Still on the Books?
Independently fact-checked against primary sources (last audited October 21, 2026). · 5 primary sources cited on this page. How we verify our legal content
We checked five claims from popular lists against the West Virginia Code as of October 21, 2026. Three are current law, one was real until 2010, and for one no statute was found. For other states, see our guide to weird laws by state.
Weird laws in West Virginia: the verdicts
Each claim below was checked against the West Virginia code and, where it names a town, the local code. 5 claims checked.
The claim: You can take home and eat roadkill.
What the law says: West Virginia lets a person lawfully possess wildlife (except protected birds, elk, spotted fawn and bear cubs) killed or mortally wounded by accidental collision with a motor vehicle, if the possessor notifies law enforcement within 12 hours and obtains a nonhunting game tag within 24 hours. The statute covers possession; it does not mention eating.
“Wildlife, except protected birds, elk, spotted fawn and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed if the possessor of the wildlife provides notice of the claim within twelve hours to a relevant law-enforcement agency and obtains a nonhunting game tag within twenty-four hours of possession.”
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: Anyone who has taken part in a duel may not hold public office.
What the law says: W. Va. Code 6-5-7 makes any citizen who fights a duel with deadly weapons, sends or accepts a challenge, or acts as a second or knowingly aids a duel, permanently ('ever thereafter') incapable of holding any office of honor, trust or profit in the state.
“Any citizen of this state who shall, either in or out of the state, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in such duel, shall ever thereafter be incapable of holding any office of honor, trust or profit in this state.”
Penalty: Disqualification from state office; no criminal penalty stated
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: Hunting with a ferret is illegal.
What the law says: It is unlawful to hunt, catch, take, kill, injure or pursue a wild animal or wild bird with the use of a ferret, unless authorized by the director or by law.
“Hunt, catch, take, kill, injure, or pursue a wild animal or wild bird with the use of a ferret”
Penalty: W. Va. Code § 20-7-9: "Any person violating any of the provisions of this chapter or rules promulgated under the provisions of this chapter, the punishment for which is not prescribed, shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $20 nor more than $300, or confined in jail not less than 10 or more than 100 days, or be both fined and confined within the limitations aforesaid ..."
Primary source · Checked October 21, 2026.
The claim: Whistling underwater is illegal.
What the law says: No West Virginia statute found that prohibits whistling underwater, as of 2026-10-21.
No state law found in the West Virginia code as of October 21, 2026.
How we searched
We searched the full text of the West Virginia Code for whistling and underwater conduct, and read the public peace and public decency articles of the criminal code and the state's diving rules.
Parts of the code read
- West Virginia Code Chapter 61, Article 6 (crimes against the peace, including riots and disorderly conduct)
- West Virginia Code Chapter 61, Article 8 (crimes against chastity, morality and decency)
- West Virginia Code Chapter 20, Article 4A (diving: permitted waters and diver-down flags)
No town code was checked for this claim.
Primary source · Checked October 21, 2026.
The claim: Public swearing carries a $1 fine per swear.
What the law says: Former W. Va. Code 61-8-15 (Profane swearing and drunkenness) set a one-dollar fine per offense for profane cursing or swearing, or getting drunk, in public by a person of age. It was repealed by SB 457 (Acts 2010, ch. 34), effective June 11, 2010; the section number now holds the funeral-demonstration statute.
Primary source · Checked October 21, 2026.
Checked October 21, 2026. This is legal history and information, not legal advice. Laws change; the linked official text is the authority.
Roadkill, by the rules
The roadkill claim says West Virginians can take home and eat animals killed on the road. The possession half is in the statute. W. Va. Code 20-2-4(e) provides:
Wildlife, except protected birds, elk, spotted fawn and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed if the possessor of the wildlife provides notice of the claim within twelve hours to a relevant law-enforcement agency and obtains a nonhunting game tag within twenty-four hours of possession.
Two conditions come with it: notice within 12 hours and a nonhunting game tag within 24. The statute is silent on eating; what it authorizes is possession.
No ferrets in the field
Ferret hunting sounds like a list-maker's invention, but it is a listed offense. Among the acts W. Va. Code 20-2-5(a) makes unlawful is to "Hunt, catch, take, kill, injure, or pursue a wild animal or wild bird with the use of a ferret," unless the director or the law authorizes it.
The section does not set its own penalty, so the general wildlife penalty in W. Va. Code 20-7-9 applies: a misdemeanor, with a fine of $20 to $300 per offense, 10 to 100 days in jail, or both.
A duel ends a political career
The dueling rule is current law. W. Va. Code 6-5-7 reads:
Any citizen of this state who shall, either in or out of the state, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in such duel, shall ever thereafter be incapable of holding any office of honor, trust or profit in this state.
It reaches more than the duelists: sending or accepting a challenge is enough, and so is acting as a second or knowingly helping. It applies to duels fought outside West Virginia too. The consequence is permanent disqualification from state office; the section states no criminal penalty.
The dollar-a-swear fine, now gone
The swearing claim describes a real law that no longer exists. Former W. Va. Code 61-8-15, titled Profane swearing and drunkenness, set a one-dollar fine per offense for a person of age who cursed or swore profanely, or got drunk, in public.
Senate Bill 457 (Acts 2010, Reg. Sess., ch. 34) repealed it, along with sections 61-8-3 and 61-8-4, effective June 11, 2010. The section number now holds an unrelated law on funeral demonstrations.
Whistling underwater
No West Virginia statute prohibiting whistling underwater was found. We searched the full text of the West Virginia Code for whistling and underwater conduct, and read the crimes-against-the-peace article (Chapter 61, Article 6), the public decency article (Chapter 61, Article 8) and the state's diving rules on permitted waters and diver-down flags (Chapter 20, Article 4A). City codes were not checked.
Frequently Asked Questions
Is it legal to take roadkill in West Virginia?
W. Va. Code 20-2-4(e) says wildlife killed or mortally wounded by accidental collision with a motor vehicle may be lawfully possessed if the possessor notifies a relevant law-enforcement agency within 12 hours and obtains a nonhunting game tag within 24 hours. Protected birds, elk, spotted fawn and bear cubs are excluded. The statute addresses possession and does not mention eating.
Is hunting with a ferret illegal in West Virginia?
W. Va. Code 20-2-5(a)(10) makes it unlawful to hunt, catch, take, kill, injure or pursue a wild animal or wild bird with the use of a ferret, unless authorized by the director or by law. Under the general penalty in W. Va. Code 20-7-9, a violation is a misdemeanor with a fine of $20 to $300, 10 to 100 days in jail, or both.
Can someone who fought a duel hold office in West Virginia?
W. Va. Code 6-5-7 says a citizen who fights a duel with deadly weapons, in or out of the state, sends or accepts a challenge, acts as a second, or knowingly aids a duel shall ever thereafter be incapable of holding any office of honor, trust or profit in the state. The section states no criminal penalty.
Is there a fine for swearing in public in West Virginia?
There was. Former W. Va. Code 61-8-15 set a one-dollar fine per offense for profane cursing or swearing, or getting drunk, in public. It was repealed by Senate Bill 457 (Acts 2010, ch. 34), effective June 11, 2010.
Is whistling underwater illegal in West Virginia?
No West Virginia statute prohibiting whistling underwater was found as of October 21, 2026. The search covered the full text of the Code and the articles on public peace, public decency and diving. City codes were not checked.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- W. Va. Code § 20-2-4, West Virginia Legislature(code.wvlegislature.gov).gov
- W. Va. Code § 20-2-5, West Virginia Legislature(code.wvlegislature.gov).gov
- W. Va. Code § 6-5-7, West Virginia Legislature(code.wvlegislature.gov).gov
- Senate Bill 457, enrolled (2010 Regular Session)(wvlegislature.gov).gov
- W. Va. Code Chapter 61, Article 6, West Virginia Legislature(code.wvlegislature.gov).gov