Verified Firearm Specifications

WV1036 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

WV1035 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

WV1005 — shall issue (permit not required)

Citation: W. Va. Code § 61-7-3

§ 61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties.

WV1004 — shall issue

Citation: W. Va. Code § 61-7-4(f)

The sheriff shall issue a license unless he or she determines that the application is incomplete, that it contains statements that are materially false or incorrect or that applicant otherwise does not meet the requirements set forth in this section.

WV1003 — may issue

Citation: W. Va. Code §§ 6043, 6044 (1961)

§ 6043. Carrying Dangerous or Deadly Weapon without License; Second Offense a Felony; Penalties. lf any person, without a state license therefore, carry about his person any revolver or other pistol, dirk, bowie knife.

WV1007 — stand your ground

Citation: W. Va. Code § 55-7-22

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section.

WV1006 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

WV1046 — required

Citation: W. Va. Code, § 48-27-1002(e)

Whenever any person is arrested pursuant to the provisions of this article or for a violation of an order issued pursuant to section five hundred nine or subsections (b) and (c), of section six hundred eight, article five of this chapter the arresting officer, subject to the requirements of the Constitutions of this state and of the United States: (1) Shall seize all weapons that are alleged to have been involved or...

WV1052 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

WV1057 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

WV1053 — straw purchase - buyer liability

Citation: W. Va. Code § 61-7-10(f)

(f) Any person who knowingly solicits, persuades, encourages or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States is guilty of a felony.

WV1049 — comprehensive

Citation: W. Va. Code, § 8-12-5a(a)

Except as provided by the provisions of this section and the provisions of section five of this article, neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so...

WV1054 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

WV1055 — minimum age purchase - federal

Citation: 42 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

WV1056 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

WV1010 — youth possession

Citation: W. Va. Code § 61-7-8

Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: Provided, That a minor may possess a firearm upon premises owned by said minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of...

WV1011 — purchase and sale

Citation: W. Va. Code §§ 61-7-10; 61-7-8

W. Va. Code § 61-7-10: a person may not knowingly sell, rent, give or lend, or where the person is other than a natural person, knowingly permit an employee thereof to knowingly sell, rent give or lend a firearm or ammunition to a person prohibited by any provision of this article or the provisions of 18 U. S. C.§ 922. W. Va.

WV1030 — purchase and sale

Citation: W. Va. Code §§ 61-7-10; 61-7-8

W. Va. Code § 61-7-10: a person may not knowingly sell, rent, give or lend, or where the person is other than a natural person, knowingly permit an employee thereof to knowingly sell, rent give or lend a firearm or ammunition to a person prohibited by any provision of this article or the provisions of 18 U. S. C.§ 922. W. Va.

WV1032 — youth possession

Citation: W. Va. Code § 61-7-8

Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: Provided, That a minor may possess a firearm upon premises owned by said minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of...

WV1026 — dvro : expanded

Citation: W. Va. Code §§ 48-27-204; 502

204: “Family or household members” means persons who: (1) Are or were married to each other; (2) Are or were living together as spouses; (3) Are or were sexual or intimate partners; (4) Are or were dating: Provided, That a casual acquaintance or ordinary fraternization between persons in a business or social context does not establish a dating relationship; (5) Are or were residing together in the same household;...

WV1027 — dvro ex parte : expanded

Citation: W. Va. Code §§ 53-8-7(d)(1)(F), 48-207-204(4), 48-27-403

53-8-7(d)(1)(F): The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if: (i) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order; (ii) The respondent has violated any prior order as specified under this article; or (iii) The...

WV1025 — dvro

Citation: W. Va. Code, § 61-7-7(a)(7), (8)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (7) Is subject to a domestic violence protective order that: (A) Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate; (B) Restrains such person from harassing, stalking or threatening an intimate partner of such...

WV1023 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: W. Va. Code § 61-7-7(a)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction.

WV1024 — mental health : committed to mh facility

Citation: W. Va. Code § 61-7-7(a)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction.

WV1044 — federal

Citation: 18 U.S.C.A. § 922(s)

Repealed.

WV1043 — federal

Citation: 18 U.S.C.A. § 922(s)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-“(A) after the most recent proposal of such transfer by...