State Gun Laws

In West Virginia, the abuser is not allowed to have a gun if:

• 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; or
• s/he has been dishonorably discharged from military service.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

If any of the above apply to your situation, please talk to an advocate or lawyer in your area about how this law is being enforced. You can find information about free and paid lawyers on our Finding a Lawyer page.

If none of these situations apply, you can still make a plan for your safety. See our Safety Tips page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long-term or for a little while - might help improve your safety. See our WV Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in West Virginia, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. 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)