State Gun Laws

In West Virginia, a person cannot have or buy a gun if:

• s/he has been convicted of a crime that is punishable by imprisonment of more than one year, which is usually a felony;
• s/he has been convicted of a misdemeanor offense of domestic violence, assault, or battery where the victim was a current or former spouse or intimate partner, a parent, or household member;
• s/he is addicted to alcohol;
• s/he is addicted to, or uses, drugs;
• a judge decided that s/he has a mental illness;
• s/he has been involuntarily committed to a mental institution;
• s/he is unlawfully in the United States;
• s/he has been dishonorably discharged from military service; or
• s/he is subject to a domestic violence protective order that meets the following three requirements:
  1. it was issued after a hearing of which the abuser had notice and an opportunity to be heard;
  2. it restrains the abuser from:
     
     1. harassing, stalking, or threatening his/her intimate partner or a child of his/her intimate partner; or
     2. engaging in other conduct that would place his/her partner or the child in reasonable fear of bodily injury; and
  3. it either:
     
     1. includes a finding that the abuser is a credible threat to the physical safety of his/her intimate partner or child; or
     2. prohibits the use, attempted use, or threatened use of physical force against an intimate partner or his/her child that would reasonably be expected to cause bodily harm.¹

If a person is under 18, s/he can only have a firearm:

• with his/her parent’s permission;
• on his/her property;
• while hunting; or
• while traveling between areas where s/he is allowed to have a gun.²

Additionally, if a person is under the age of 21, s/he is not allowed to have a concealed firearm without a license.³

To read the definition of a felony, see What is the definition of a felony?

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ W. Va. Code § 61-7-7(a)
² W. Va. Code § 61-7-8
³ W. Va. Code § 61-7-7(c)(1)