Weapons Charges and Gun Crimes

in West Virginia

Do You Face a Weapons Charge in WV? Call Stroebel & Johnson Today

Stroebel & Johnson, PLLC has offices in Charleston and Lewisburg, where we can consult with residents who want to protect their rights when they face weapons charges or gun crimes in West Virginia. Dangerous weapons under West Virginia law include:

  • Blackjack
  • False Knuckles
  • Gravity Knife
  • Knife
  • Nunchaku
  • Pistol
  • Revolver
  • Switchblade

Prohibited Firearms and Restrictions in West Virginia

While many feel our state has some of the least restrictive laws when it comes to firearms, West Virginia does align with restrictions imposed by the federal government prohibiting the ownership of certain guns and equipment, including:

  • Machine Guns
  • Sub-machine Guns
  • Fully Automatic Weapons
  • Silencers

Concealed Carry Regulations and Reciprocity

Additional areas of the law pertaining to concealed carry regulations may apply to your situation, as well as for persons visiting West Virginia who have concealed carry permits or license from their home state; otherwise known as reciprocity. Persons arrested in West Virginia who have out-of-state firearm licenses may speak with our experienced criminal attorney at Stroebel & Johnson for a full explanation of your rights.

Who is Prohibited from Owning Guns in West Virginia?

West Virginia residents are prohibited from having these guns or accessories under the law. Further, in West Virginia, you may not own a gun if you:

  • Carry a felony conviction on your record
  • Left the military with a dishonorable discharge
  • Are legally mentally incompetent
  • Are an undocumented person (‘illegal alien’)
  • Are an active substance abuser or are addicted to drugs or alcohol
  • Are a minor under age 18 without parental permission
  • Have a domestic violence protective order that restrains you from harming a partner or child
  • Are convicted of misdemeanor assault or battery against a household member (e.g., a current or former partner, spouse, parent, or child)

Illegal to Have Firearms On or Near School or Courthouse Grounds

Possessing a firearm, gun, or other deadly weapon to a courthouse, public or private school property, onto a school bus, van, or vehicle, or as part of a secondary vocational program can result in a felony offense. There are a few exceptions identified for:

  • Law enforcement officers
  • Mascots, like the WVU Mountaineer or Patriot from Parkersburg South High School
  • Unloaded gun displayed for a school raffle
  • Unloaded gun locked inside a car in a school parking lot

Law violation may result in jail time of two to ten years, plus a fine of up to $5,000. State weapons and gun laws do change regularly. Consult with experienced criminal defense lawyers at Stroebel & Johnson, PLLC regarding weapons charges:

  • If you have questions about gun laws
  • Are charged with violating the law
  • Would like to get your gun rights restored.

Restoring Gun Rights After Clearing Your Record

Seeking to expunge your record or have a conviction pardoned can help you restore your gun rights in West Virginia. Contact Stroebel & Johnson, PLLC today. Make an appointment at our Charleston or Lewisburg office to find out more about reinstatement of your rights to own a gun.

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