Who Cannot Own Guns in WV?
West Virginia, like many other states in the United States, has laws regulating the ownership and possession of firearms. While the Second Amendment to the US Constitution guarantees the right to bear arms, there are certain individuals who are prohibited from owning or possessing guns in the state. In this article, we will explore who cannot own guns in West Virginia.
Felons and Convicted Criminals
One of the most significant groups of individuals who cannot own guns in West Virginia is felons and convicted criminals. West Virginia Code § 61-7-7 prohibits any person who has been convicted of a felony from owning or possessing a firearm. This includes individuals who have been convicted of crimes such as murder, assault, robbery, and burglary.
Mental Health Issues
Individuals with mental health issues are also prohibited from owning or possessing guns in West Virginia. West Virginia Code § 61-7-7 states that any person who has been adjudicated as mentally defective or who has been committed to a mental institution is prohibited from owning or possessing a firearm.
Domestic Violence Offenders
Individuals who have been convicted of domestic violence offenses are also prohibited from owning or possessing guns in West Virginia. West Virginia Code § 61-7-7 states that any person who has been convicted of a misdemeanor crime of domestic violence is prohibited from owning or possessing a firearm.
Individuals Subject to a Domestic Violence Protection Order
Individuals who are subject to a domestic violence protection order are also prohibited from owning or possessing guns in West Virginia. West Virginia Code § 61-7-7 states that any person who is subject to a domestic violence protection order is prohibited from owning or possessing a firearm.
Minors
Minors, or individuals under the age of 18, are also prohibited from owning or possessing guns in West Virginia. West Virginia Code § 61-7-7 states that any person under the age of 18 is prohibited from owning or possessing a firearm.
Individuals with a History of Substance Abuse
Individuals with a history of substance abuse are also prohibited from owning or possessing guns in West Virginia. West Virginia Code § 61-7-7 states that any person who has been addicted to or is a habitual user of any controlled substance is prohibited from owning or possessing a firearm.
Table: Prohibited Individuals in West Virginia
| Category | Description |
|---|---|
| Felons | Convicted of a felony |
| Convicted Criminals | Convicted of a crime other than a felony |
| Individuals with Mental Health Issues | Adjudicated as mentally defective or committed to a mental institution |
| Domestic Violence Offenders | Convicted of a misdemeanor crime of domestic violence |
| Individuals Subject to a Domestic Violence Protection Order | Subject to a domestic violence protection order |
| Minors | Under the age of 18 |
| Individuals with a History of Substance Abuse | Addicted to or a habitual user of a controlled substance |
Other Prohibitions
In addition to the above categories, there are other individuals who are prohibited from owning or possessing guns in West Virginia. These include:
- Undocumented Aliens: Individuals who are not lawfully present in the United States are prohibited from owning or possessing a firearm.
- Illegal Aliens: Individuals who are present in the United States in violation of federal law are prohibited from owning or possessing a firearm.
- Individuals Who Have Been Dishonorably Discharged: Individuals who have been dishonorably discharged from the military are prohibited from owning or possessing a firearm.
- Individuals Who Have Been Found to be a Menace: Individuals who have been found to be a menace to society are prohibited from owning or possessing a firearm.
Conclusion
In conclusion, there are many individuals who are prohibited from owning or possessing guns in West Virginia. These individuals include felons and convicted criminals, individuals with mental health issues, domestic violence offenders, individuals subject to a domestic violence protection order, minors, individuals with a history of substance abuse, undocumented aliens, illegal aliens, individuals who have been dishonorably discharged, and individuals who have been found to be a menace. It is important for individuals to understand the laws and regulations surrounding gun ownership in West Virginia to ensure compliance and avoid legal consequences.
