Who Cannot Carry
W. Va. Code § 61-7-7 — a felony record, addiction, a protective order, and a minor's limits
- A person convicted of a crime punishable by imprisonment for a term exceeding one year.
- A person habitually addicted to alcohol, or an unlawful user of a controlled substance.
- A person adjudicated mentally incompetent or involuntarily committed.
- A person discharged from the armed forces under dishonorable conditions.
- A person subject to a domestic violence protective order issued after a hearing.
Those are among the persons who may not possess a firearm. A person convicted of a felony crime of violence or a felony sexual offense who possesses one faces not more than five years or $5,000, or both.
The way back. A prohibited person may petition the circuit court of their county, and the court may allow possession on clear and convincing evidence of competence, where federal law allows. A conviction expunged, set aside or unconditionally pardoned no longer prohibits.
A person under the age of 18 who is not married or emancipated may not possess or carry any deadly weapon, apart from family property, permission on another's land, and lawful hunting and travel to and from it.
Federal law adds prohibitions of its own. A particular record is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 61-7-7 — Persons prohibited from possessing firearms; right of nonprohibited persons to carry concealed
- W. Va. Code § 61-7-8 — Possession of deadly weapons by minors; prohibitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.