In West Virginia, it is perfectly legal for you to carry a firearm provided you are at least 21 years old, a United States citizen and not prohibited from possessing firearms due to felony convictions, mental health adjudications or drug offenses.
However, how you conduct yourself when in possession of a firearm can quickly turn a lawful carry into a serious criminal offense under state weapons laws. Instances of prohibited and dangerous firearm use that could land you in legal trouble include the following.
Threatening display or improper handling of firearms
Brandishing a firearm or displaying it in a manner that causes fear in others is strictly prohibited under West Virginia law. This includes pointing, waving or exhibiting the weapon in a threatening way that would reasonably cause alarm to bystanders. The offense can be elevated if it occurs in certain sensitive locations like school zones.
Reckless use of firearms creating public danger
Wanton endangerment involving firearms occurs when someone deliberately fires a weapon with reckless disregard for the safety of others. This includes firing into buildings, vehicles or crowded areas where there is a substantial risk of death or serious injury to others.
Firearms in educational facilities
West Virginia law strictly forbids possessing deadly weapons, including firearms on any school property or within designated school safety zones. This prohibition applies to both public and private educational institutions from primary schools to universities. Limited exceptions exist for law enforcement and authorized security personnel, but violations by others typically result in serious criminal charges.
Selling or transferring firearms to prohibited persons
Under West Virginia law, it is a serious criminal offense to knowingly sell, transfer or provide firearms to individuals who are legally prohibited from possessing them. This includes sales to individuals under 21 years of age, convicted felons, those with domestic violence convictions, individuals with active protective orders against them, habitual drug users or persons who have been adjudicated as mentally incompetent. The seller has a legal obligation to verify the buyer’s eligibility before completing any firearm transfer.
Firearm offense charges can get complex, and it is important to seek skilled legal guidance to help protect your rights and seek a favorable outcome.