Kingwood Gun Crime Lawyer

Kingwood Gun Crime Attorney

The Second Amendment of the United States Constitution provides that individuals have a right to bear arms. However, West Virginia has the legal authority to impose certain restrictions on the ownership and possession of guns and other firearms. If you are facing criminal allegations related to guns, a Kingwood gun crime lawyer at Crowe Law, LLC, can fiercely advocate on your behalf at trial and outside of court.

At Crowe Law, LLC, our experienced legal team is committed to preserving the rights and freedoms of people in West Virginia facing criminal charges, including allegations of violating gun laws. Your lawyer can work tirelessly to develop a legal defense strategy tailored to your situation.

Gun Crime Cases

The term gun crime encompasses a wide variety of actual charges, which can range from minor misdemeanors to serious felonies, which can carry significantly more severe penalties. The specific offense depends on the defendant’s actions, when and where the incident took place, whether the weapon was used to commit another crime, and whether anyone was injured or killed. Examples of common gun crime charges include:

• Illegal possession by a prohibited person
• Threatening display or improper handling of firearms
• Reckless use of firearms, creating public danger
• Firearms in educational facilities
• Selling or transferring firearms to prohibited persons

West Virginia Gun Laws

West Virginia allows carrying firearms both openly and concealed. Open carry, which means people over the age of 18 do not require a permit or license to openly carry a firearm, as long as the person meets other criteria. Guns can be openly carried in a vehicle, but not in certain prohibited areas such as school property, courthouses, correctional facilities, the State Capitol, or private property with signs posted prohibiting firearms.

For concealed carry, West Virginia allows a person over 21 to carry a gun or other legal firearm without a concealed handgun license, provided the person meets all legal requirements. People aged 18-21 can apply for a provisional license to carry a concealed weapon, provided they meet the legal requirements. These laws also apply to non-West Virginia residents who are in the state.

To be eligible to carry a legal gun or firearm, or to receive a concealed handgun license, a person must meet certain legal criteria, including having legal immigration status and being legally competent. Other requirements include:

• No prior convictions for crimes that are punishable with incarceration of more than one year
• No history of addiction to alcohol or other controlled substances
• No convictions for domestic abuse offenses or restraining orders
• No dishonorable discharge from any branch of the United States armed forces
• No history of involuntary admission to mental institutions

Illegal Firearms in West Virginia

Not all weapons and firearms are legal to own, sell, or possess in West Virginia. In some cases, individuals can even violate the law unintentionally if they possess weapons without being aware that they are illegal. For example, some antique weapons may be prohibited, like blackjacks. Other illegal firearms in West Virginia include, but are not limited to:

• Military firearms
• Rocket launchers
• Fully automatic weapons
• High-capacity magazines
• Certain explosive devices

FAQs

Is West Virginia a Gun-Friendly State?

Yes, West Virginia is a gun-friendly state. West Virginia allows people to carry firearms openly or concealed without a permit and has a law that protects many people who use a gun in situations where they have reason to believe they are in imminent threat of harm or death. While there are some restrictions on who can use guns and where, West Virginia is generally considered among the most gun-friendly states.

Can You Use Lethal Force to Protect Property in West Virginia?

Yes, you can use lethal force to protect your home or business if you have a good reason to believe that you need to prevent serious bodily harm or death because of an intruder. However, it is important to note that this usually does not extend to personal belongings, and the force used must be proportional to the threat. A knowledgeable criminal defense attorney can help you understand how this law applies to the facts of your case.

Can I Shoot a Gun in My Backyard in West Virginia?

Yes, in some cases, you can shoot a gun in your backyard in West Virginia. However, there may still be some cases where it is illegal. You can’t shoot across a public road or within 500 feet of a school, church, or home, and you can’t shoot on someone else’s property. In addition, it is essential to have a safe backstop for bullets to make sure people on neighboring private property and public areas are not endangered.

What State Has the Worst Gun Violence Rate?

The state that has the worst gun violence rate is Mississippi, which has 29.4 gun deaths per 100,000 people, followed by Louisiana with 28.3, Alabama with 25.6, and New Mexico with 25.3. However, the District of Columbia, which is not technically a state, has a higher rate than Mississippi and has a rate of 30.6 gun deaths per 100,000 people. West Virginia, by contrast, has a rate of 16.8.

A Kingwood Gun Crime Attorney Can Help

Crowe Law, LLC, believes in the Second Amendment and in people’s right to protect themselves. Every gun crime case is unique. An experienced gun crime attorney can evaluate the facts of the case to determine the most effective legal defense strategy.

Common defenses include mistaken identity, self-defense, lack of intent, and improper law enforcement procedures. A Kingwood gun crime lawyer may be able to secure an acquittal, reduction of charges, or even a dismissal.

If you are facing allegations of a gun crime, it is crucial to hire a gun crime lawyer as soon as possible to protect your freedom, gun rights, and other interests. Whether it means having charges dismissed, negotiating a plea deal, or representing you at a court trial, your criminal defense attorney can help you navigate gun crime charges. You don’t have to face this alone.  Reach out to Crowe Law, LLC right away to learn your legal options.