State Gun Laws

Under West Virginia law, anyone who has a gun while s/he is prohibited from possession because of any of the restrictions listed in I am a victim of domestic violence and the abuser has a gun. Is that legal? is guilty of a misdemeanor. The punishment for a misdemeanor conviction is a fine between $100 and $1,000, confinement in the county jail for between 90 days and one year, or both.¹ However, if the person had a prior felony conviction or certain drug convictions, then s/he is guilty of a felony, which is punishable by imprisonment up to five years, a fine of up to $5,000, or both.²

If someone who is not allowed to carry a gun is caught with a concealed gun, s/he is guilty of a felony, which is punishable by imprisonment up to three years, a fine of up to than $5,000, or both.³ Also, if that person who carries a concealed firearm has a felony conviction or certain drug convictions, s/he can be imprisoned for up to ten years, issued a fine of up to $10,000, or both.⁴

Federal laws, which apply to all states, may impose additional penalties for violating federal gun laws under certain circumstances. Go to Federal Gun Laws to get more information.

¹ W. Va. Code § 61-7-7(a)
² W. Va. Code § 61-7-7(b)(2)
³ W. Va. Code § 61-7-7(d)
⁴ W. Va. Code § 61-7-7(e)