A domestic violence conviction can affect a person’s ability to possess a firearm in West Virginia. State law restricts firearm possession after certain domestic violence convictions. A person may also face restrictions while subject to a domestic violence protective order. Violating these restrictions can create additional criminal consequences. Knowing which rule applies is important when a firearm and domestic violence case overlap.
What convictions can affect gun possession?
West Virginia law restricts firearm possession after certain misdemeanor assault or battery convictions involving a spouse, an intimate partner, a person with whom the defendant shares a child with, or a household member. The restriction applies to qualifying domestic violence offenses.
The specific offense and relationship between the people involved can affect whether the restriction applies. Reviewing the conviction itself may therefore be important when determining whether a person can legally possess a firearm.
What does possessing a gun mean?
A firearm restriction involves more than carrying a gun in public. Possession can include owning, buying, using, carrying, transporting or selling a firearm.
This means that keeping a firearm at home can create a legal issue even if the person does not carry it outside. The circumstances surrounding the firearm can also matter when determining whether a person possessed it.
What happens if the restriction is violated?
A person who knowingly possesses a firearm despite a legal prohibition may face a separate criminal charge. The potential consequences depend on the circumstances and the specific restriction involved.
A domestic violence conviction and a protective order can create different legal issues. Someone facing a firearm-related allegation may need to examine the underlying conviction, court orders and circumstances surrounding the firearm. Those details can affect whether the firearm restriction applies and what criminal consequences may follow.