West Virginia Pawn Regulation:
Article 26 and Local Authority

West Virginia regulates pawnbrokers under Chapter 47, Article 26 of the West Virginia Code. The statute establishes comprehensive requirements for transaction records, prohibited transactions, and—effective January 1, 2025—mandatory video surveillance for all pawn shops.

West Virginia's framework includes specific, detailed definitions of pawn transactions, purchase transactions, and the types of property that may (or may not) be accepted . Counties and municipalities may also adopt ordinances establishing additional requirements, as long as they do not conflict with or create lesser standards than state law.

PPSS is a recordkeeping tool. It does not interpret West Virginia law, determine compliance status, or enforce regulations. You are solely responsible for configuring the software to align with your legal obligations and for submitting correct information to state and local authorities.

Pawnbroker Pawn Shop Software West Virginia Interface

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Rich Mountain Trading & Pawn Company, Elkins, WV

"We're a family-operated business specializing in firearms, ammunition, and gun pawn services in Elkins. PPSS helps us manage our transaction records, track serial numbers, and stay organized for law enforcement inspections. The one-time payment made sense for us."

— Rich Mountain Trading & Pawn Company, Elkins, West Virginia

Located on the Midway Loop in Elkins • Family-operated • PPSS customer since 2005

i Key Definitions — §47-26-1

WV Code §47-26-1 establishes the statutory definitions that shape West Virginia pawn regulation.

Pawnbroker defined: Any person, partnership, association, or corporation advancing money in a pawn transaction in exchange for collateral in the property of the pledgor. Excludes banks, credit unions, and licensed finance companies.

Pawn transaction defined: A transaction where the pledgor's property is placed in the pawnbroker's possession as security for money or other valuable consideration, with the condition that the pledgor may pay a pawn charge and redeem the property within a predetermined time frame.

Excluded from pawn transactions: Transactions where securities, titles, or printed evidence of indebtedness are used as security.

Purchase transaction defined: The transfer and delivery of goods by a person to a pawnbroker by acquisition for value, consignment, or trade for other goods.

Excluded from purchase transactions: Purchases of items not used or intended for resale, consignment, or trade.

i Transaction Records — §47-26-2

WV Code §47-26-2 establishes comprehensive recordkeeping requirements for all purchase and pawn transactions.

Required transaction report information:

Date of the transaction .
Name of the seller .
Name of the clerk who handled the transaction .
Corresponding pawn ticket number .
Terms of the loan or purchase .
Copy of the seller's or pledgor's government photo identification and type. If the seller or pledgor does not have government-issued photo ID, the pawnbroker shall have a photograph of the seller or pledgor .
Detailed description of the property .

Detailed description requirements:

Firearms: Brand, model, caliber, type, and serial number .
Jewelry: Type of jewelry, karat weight, whether white gold, yellow gold, or other precious metals, and description of stones, shape, cut, and oddities sufficient to describe the article .
Other articles: Type of article, brand, model, serial number, or other identifying information sufficient to specifically describe the item .

Signature and ownership affirmation: The seller or pledgor shall sign the transaction statement, and a signed statement affirming ownership shall appear on the bill of sale or pawn ticket completed at the time of transaction.

Record retention: The pawnbroker shall maintain the original of all purchase or pawn transaction statements for three years and shall make them available for inspection by law-enforcement officers upon request during posted business hours.

Confidentiality: Transaction information is confidential and not public record, but this does not impede the pawnbroker's duty to accurately collect and timely provide information to law enforcement.

i Video Surveillance Requirement — Effective January 1, 2025

WV Code §47-26-2(e) contains a significant new mandate taking effect January 1, 2025.

Equipment requirement: All pawnbrokers shall equip each location with electronic monitoring/recording equipment that records:

All public and nonpublic entrances and exits to the building .
All transactions being conducted .

Technical specifications: The equipment shall consist of video or digital imaging of a sufficient resolution and clarity to be easily monitored and reviewed on playback.

Archive requirement: All business locations shall keep an archive of video for 30 days.

Signage requirement: A sign of sufficient size informing customers of videotaping shall be located in a conspicuous place on the business premises.

i Prohibited Transactions — §47-26-2a

WV Code §47-26-2a lists specific transactions a pawnbroker may not conduct.

A pawnbroker may not purchase, accept in pawn, receive in trade, or exchange for goods:

Articles from a minor .
Articles from a person who appears to be intoxicated or under the influence of a controlled substance at the time of the transaction .
Articles that the pawnbroker knows, or has reason to believe, are stolen .
A general-use prepaid gift card, store gift card, store credit, merchandise card, gift certificate, activated phone card, or similar items .
Property with serial numbers, personalized inscriptions or initials, or other identifying marks that the pawnbroker knows, or has reason to believe, have been intentionally altered or rendered illegible .

i County and Municipal Authority — §47-26-4

WV Code §47-26-4 preserves the ability of local governments to regulate pawnbrokers.

Local ordinance authority: This article may not be construed to prohibit or otherwise limit any county or municipality from adopting an ordinance, to the extent that the ordinance does not conflict or create lesser requirements than this article, establishing additional requirements of pawnbrokers within its jurisdiction.

Reporting coordination: Pawnbrokers located in a county or municipality in which an ordinance establishes reporting requirements to local law-enforcement officials are not required to provide duplicate information to other law-enforcement officials pursuant to section three of this article.

This means local governments may impose stricter requirements (such as more frequent reporting or additional record fields) as long as they are not weaker than state law.

i West Virginia Jurisdictions — Local Considerations

Elkins (Randolph County): Home to Rich Mountain Trading & Pawn Company, located on the Midway Loop near Beverly Five-Lane . Pawnbrokers should consult Randolph County ordinances and Elkins city code for any local reporting requirements.

Charleston (Kanawha County): State capital; contact Charleston Police Department for local reporting specifications.

Huntington (Cabell County): Second-largest city; may have local ordinances with additional requirements.

Morgantown (Monongalia County): Home to West Virginia University; local requirements may differ.

Parkersburg (Wood County): Verify local ordinances with city clerk.

Wheeling (Ohio County): Historic city with potential local pawn regulations.

Rural counties: For unincorporated areas, county commissions may have adopted ordinances under §47-26-4. Pawnbrokers should check with county clerk or sheriff's office.

This information is based on publicly available statutes. Local requirements change, and interpretations vary. You must confirm current licensing and reporting obligations with the city or county where you operate.

i Penalties — §47-26-3

WV Code §47-26-3 establishes criminal penalties for violations.

Misdemeanor offense: A pawnbroker who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 and not more than $1,000 for each offense.

Enhanced penalty for repeat offenders: A pawnbroker convicted of a third violation of this article within a two-year period shall be confined in jail for up to 30 days in addition to the fine assessed.

Three Editions — One Philosophy: Pay Once, Own It

All editions include tools to help you organize pawn data and export records. No edition automatically complies with any West Virginia law or local ordinance; you are responsible for proper configuration and submission.

Deluxe Edition

$695 once
Pawns, buy-outs, reminders, forfeits, payments, redemptions. Data export capability. Plain paper ticket printing. Suitable for single-terminal shops.

Diamond Edition

$895 once
Adds employee permissions, network support, thermal label printing, cash drawer integration, barcode scanning. For multi-user shops.

24karat Edition

$995 once
Adds driver's license scanning, fingerprint capture, signature capture, webcam/microscope imaging, electronic gun logs. Peripheral integration for shops that choose these tools.

i West Virginia LEADS & Police Reporting

Reporting authority: West Virginia does not have a single statewide electronic reporting mandate. Reporting requirements are established at the local level under §47-26-4, and state law requires that transaction records be made available to law enforcement upon request.

Reporting to law enforcement: The statute requires pawnbrokers to maintain records and make them available for inspection, but does not specify a frequency for automatic reporting. Local ordinances may establish specific reporting schedules (daily, weekly, etc.).

Electronic vs. paper: Some West Virginia municipalities accept electronic submissions; others may require paper. You must confirm with your local police department.

Agencies that may receive reports:

Charleston Police Department
Huntington Police Department
Morgantown Police Department
Parkersburg Police Department
Wheeling Police Department
Elkins Police Department (Randolph County)
County sheriff's offices (for unincorporated areas)

PPSS and reporting: The software can export transaction data in delimited text formats. If your local agency provides a file layout specification or requires electronic submission, you may be able to configure your export to match. PPSS does not automatically format exports for any specific West Virginia agency; you are responsible for testing and validation.

Fees: PPSS does not charge per report or per transaction. Local licensing fees, if any, are paid directly to the city or county.

i Military Lending Act — 36% APR Cap

The federal Military Lending Act (MLA) applies to pawn transactions with covered borrowers (active-duty service members and their dependents). The APR, including pawn service charges, may not exceed 36%.

Verification of covered status is performed using the DMDC (Defense Manpower Data Center) portal, a free public website. Pawnbrokers must check the borrower's status at or before the transaction and retain proof of verification.

PPSS does not automatically verify MLA status, calculate APR, or cap interest rates. Users may manually record DMDC confirmation numbers in transaction notes and attach screenshots or PDFs to the customer record. Interest rates are entered by the user; the software performs arithmetic but does not enforce compliance with federal or state limits.

i Sales Tax on Forfeited Goods — 110-15-61

W. Va. Code R. §110-15-61 addresses sales tax treatment of pawn transactions.

Interest not taxable: If the pledgor redeems merchandise, the charge made by the pawnbroker is considered interest and is not subject to sales tax.

Forfeiture and resale: If the pledgor does not redeem, the property is forfeited to the pawnbroker and title passes. When pawnbrokers thereafter sell such articles, they are making sales subject to the sales and service tax.

Hardware Compatible with PPSS

PPSS works with common off-the-shelf peripherals. No proprietary hardware is required.

Printers: Any Windows printer (inkjet, laser). Thermal label printers from Zebra, Dymo, TSC, Godex, and compatible generics.
Scanners: Driver's license scanners (1D/2D barcode). TWAIN-compatible document scanners. (West Virginia requires copy of government photo ID or photograph of customer if no ID .)
Fingerprint: SecuGen biometric devices.

Cash Drawers: POS-X, Star, Epson, or generic drawers with RJ11 interface.
Signature Pads: Topaz Systems models.
Cameras: USB webcams, microscope cameras, or IP cameras for item and customer imaging. (West Virginia requires customer photo if no ID; also separate 30-day video surveillance requirement effective 2025 .)

West Virginia 2025 surveillance requirement: Effective January 1, 2025, all pawn shops must have electronic monitoring/recording equipment covering all entrances/exits and all transactions, with 30-day video archive . PPSS does not provide video surveillance software; you must implement a separate security camera system that meets these requirements. The 24karat Edition includes transaction-level image capture, but this is distinct from the surveillance camera mandate.

ID and customer photo requirement: West Virginia law requires either a copy of government photo ID or, if the customer has no ID, a photograph of the customer . The 24karat Edition includes license scanning and webcam capture capabilities. You are responsible for ensuring that captured images meet local requirements for legibility and are properly stored with transaction records.

View full hardware compatibility list ?

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West Virginia Pawnbrokers — In Their Own Words

"We're a family-operated shop in Elkins specializing in firearms and ammunition. The detailed description requirements in §47-26-2 are critical for us—firearms need brand, model, caliber, type, and serial number. PPSS lets us capture all that data and store it with the customer record. We also scan IDs to meet the copy requirement."

— Rich Mountain Trading & Pawn Company, Elkins, WV

"The 2025 video surveillance requirement means we're planning upgrades. The law requires cameras covering all entrances and all transactions, with 30-day storage. That's separate from our transaction software, but we're budgeting for it now. PPSS helps with the transaction records, but the video system is a whole different project."

— Mountain State Pawn, Charleston, WV

"We had a situation where a customer tried to pawn jewelry with altered serial numbers. The prohibition in §47-26-2a is clear—you cannot accept property with intentionally altered identifying marks. We trained our staff to inspect everything carefully. The software doesn't inspect the item for you; you have to know the law and look."

— Tri-State Pawn, Huntington, WV

These are real experiences shared by West Virginia customers. Every shop's process is different, and your results depend on your own configuration and local requirements.

Why Some West Virginia Pawn Shops Choose PPSS

1. No monthly fees. You pay once. No one can raise your price or turn off your access.

2. Your data is stored locally. Customer records, scanned IDs, item photos, and transaction history remain on your own computers. You control backup, retention, and deletion—critical for West Virginia's three-year retention requirement.

3. Works without internet. PPSS does not require cloud connectivity to process pawns or print tickets. Internet is only needed for electronic reporting or DMDC lookup.

4. ID scanning and image capture. The 24karat Edition supports license scanning and customer photography to help meet West Virginia's requirement for ID copy or customer photo.

5. Detailed item descriptions. Flexible data fields allow you to capture West Virginia's required details for firearms (brand, model, caliber, serial number) and jewelry (karat, metal type, stone descriptions).

6. No per-report fees. We do not charge for each export or submission. Local licensing fees, if any, are separate.

Own Your Software — No Subscription

West Virginia pawnbrokers—including Rich Mountain Trading & Pawn Company in Elkins—have used PPSS since 2005. One payment, perpetual license.

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