Stun Gun Laws in West Virginia

Learn about stun gun laws and possession requirements in West Virginia.

A stun gun (popularly also known as a Taser, the main maker of stun guns) is a non-lethal weapon that is capable of temporarily immobilizing a person by inflicting an electrical charge.

This article describes West Virginia state law regarding who may not have a stun gun, and the circumstances or situations when carrying a stun gun is illegal in the state.

To learn more about how stun guns work, and how permitting laws vary by state, see State Gun Laws and Permit Requirements.

People Who May Not Carry a Stun Gun in West Virginia

In West Virginia, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit.

Situations or Circumstances Where Carrying a Stun Gun is Illegal

It is illegal to carry a concealed stun gun if it is intended to be used as a deadly weapon, unless you are located on your own property or business. Deadly weapons include any instrument designed or readily adaptable to produce serious bodily injury or death. Peace officers and specified others are exempt from this rule.

(W. Va. Code Ann. §§ 61-7-2, 61-7-3, 61-7-6.)

Assaults Using a Stun Gun

Anyone who maliciously uses a stun gun to assault a peace officer, firefighter, or other select state employee engaged in the performance of his or her duties commits a felony, punishable by three years (and up to 15 years) in prison.

(W. Va. Code Ann. § 61-2-10b.)

Anyone who unlawfully but not maliciously uses a stun gun to assault a peace officer, firefighter, or other select state employee engaged in the performance of his or her duties commits a felony, punishable by two years (and up to five years) in prison.

(W. Va. Code Ann. § 61-2-10b.)

Penalties for Stun Gun Carry Violations

It is a misdemeanor to possess a concealed stun gun if it is intended to be used as a deadly weapon. Penalties include a fine of $100 (and up to $1,000), up to 12 months in jail, or both. Subsequent violations are felonies, punishable by a fine of $1,000 (and up to $5,000), one year (and up to five years) in prison, or both.

(W. Va. Code Ann. §§ 61-7-2, 61-7-3, 61-7-6.)

Getting Legal Help

If you have any questions about whether you are allowed to purchase, carry, or use a gun in West Virginia, or if you are facing charges for a stun gun violation, consult a qualified criminal defense lawyer.

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