West Virginia Gun Control Laws

The Second Amendment to the U.S. Constitution gives American Citizens the right to bear arms.  West Virginia is an open carry state.  According to Article 3, Section 22 of the West Virginia Constitution, individuals have the right to protect their property and lawfully hunt. In April 2008, the state enacted the Castle Doctrine, giving the citizens the right to use lethal force, if they are in danger of injury or death.

Carrying Guns and Possession Laws: Penalties & Regulations

Unfortunately, many people have forfeited their right to own and carry a gun because of criminal actions or behaviors that make it unsafe for the public to have possession of a firearm.    In an effort to keep the public safe and maintain law and order, penalties and regulations for unlawful possession apply.  For example:

• Anyone who carries and conceals a weapon without authorization faces up to a $1000 fine and a year in the county jail
• A second offense carries a much stiffer sentence of up to 5 years in the penitentiary and a minimum of a $1000 fine
• A person habitually addicted to alcohol may not possess a gun

Requirements:

West Virginia Gun Purchasing Laws

In West Virginia, an individual does not have to have a permit to purchase a handgun, shotgun, or rifle.   However, before obtaining a permit to carry a concealed weapon, the applicant must pass a permit test.  Restrictions for purchasing a gun are few in the state of West Virginia.   Other than age requirements, the basics are a clean criminal record and no known mental health issues.

Penalties & Regulations for Illegal Purchases

Unlawful purchases of guns in West Virginia carry stiff penalties.  The restrictions for purchase may not be very complicated.  However, for those who have forfeited the right to bear arms, or others ignoring the law, the consequences are serious.  For example:

• Anyone purchasing a gun for an unqualified buyer is subject to a $5000 fine, a year in jail, or both
• Illegal possession of a machine gun is punishable by no less than a $1000 fine and 90 days in jail

Requirements:

Firing Handguns and Self Defense

The state of West Virginia gives residents the right to bear arms and protect their families from the threat of injury or even death. However, the right extends to personal property and family.  It is not lawful to have a gun in possession for self-defense in certain circumstances.

• A gun on school grounds is unlawful, without a permit
• Possession a machine gun is not lawful
• Discharge of a firearm in a public place is prohibited

Legal Help

For persons facing illegal gun charges in the state of West Virginia, it is imperative to hire a good criminal attorney.  While the laws for acquiring a gun in the state are easy, penalties for misuse or illegal possession are very harsh.  A lawyer helps clients deal with charges like:

• Having a concealed weapon without a permit
• Unlawful discharge of a firearm
• Minor in possession of a weapon
• Bringing a gun on school property
• Using a gun in the commission of a crime