State Gun Laws

If you have a protective order against some who has abused you, then in most cases, West Virginia law doesn’t allow that person to have a gun. A judge might also include a specific provision in the order about not having a gun but that isn’t necessary for the law to apply. The law says that for a person to be prohibited from having a gun due to a protective order, there must be an 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

Additionally, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get moe information.

¹ W. Va. Code § 61-7-7(a)(7)