WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: West Virginia

State Gun Laws

Updated: 
November 8, 2023

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

West Virginia law says 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; or
  • 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.1

1 W. Va. Code § 61-7-7(a)(1), (a)(8)

How can I find out if the abuser has been convicted of a crime?

Criminal records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records. In West Virginia, you need a picture ID to get access to any records involving domestic violence at the courthouse.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?