Morgantown Gun Crime Lawyer

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Morgantown Gun Crime Attorney

If you have been charged with or convicted of a felony or firearms-related crime in Morgantown, West Virginia, your gun rights may be limited. Whether your gun crimes are related to a firearm purchase or concealed carry laws, the Morgantown firearms lawyer at Crowe Law, LLC, can take on your case and inform you of your rights and options moving forward.

Our legal team is committed to working with individuals who have gun-related challenges with the law. If you are concerned that your right to carry arms may be at risk, our experienced attorney can analyze your charges and the available evidence. Then, our firm can help design a defense strategy that yields optimal case outcomes.

Understanding the Second Amendment

The Second Amendment, which underscores the right of individuals to bear arms under specific circumstances, is enshrined in the United States Constitution. This means that, even if you are found guilty of breaking certain laws in West Virginia, you may be able to refute the law’s constitutionality.

Therefore, if you are facing certain gun crime charges in West Virginia, it is important to work with criminal defense lawyers who are familiar not only with local and state law but also constitutional law. If you are facing charges that could restrict your Second Amendment rights, the Morgantown firearms lawyer at Crowe Law, LLC, can advocate for you on the county, state, and federal levels.

West Virginia Firearms Carry Laws

Any individual in West Virginia who is 21 years of age or older, and who does not meet certain restrictive requirements for owning or possessing a firearm in the state, is authorized to carry a legal firearm without first getting a concealed handgun license, or CHL.

This right applies to all individuals who are legally residing in the U.S., even if they are not West Virginia state residents. It is important to note, however, that this law only applies to the state of West Virginia, and gun laws may be different after crossing state lines. “Constitutional carry,” which is the right to carry a concealed weapon without a permit in the state, is protected under West Virginia Code §61-7-7(c).

For individuals who are over the age of 18 and younger than the age of 21, there is a possibility to apply for a provisional license that would allow such persons to carry concealed, should they meet certain requirements. A firearms lawyer can assist individuals who are unsure about their rights to carry a firearm in a concealed manner under West Virginia law.

Optional Concealed Handgun Licenses in West Virginia

A concealed handgun license, or CHL, can still be applied for by individuals in West Virginia who are already authorized to carry firearms in the state to secure additional benefits, including:

  • Being able to have a concealed handgun in a locked automobile located on the Capitol complex
  • Carrying a handgun in limited circumstances on primary or secondary school grounds
  • Having a concealed handgun in other states that recognize the West Virginia handgun license

If you are unsure about whether you should apply for a concealed carry license in West Virginia, a Morgantown firearms lawyer can help you understand your rights and eligibility for certain licenses. They can also help you determine whether you will need one based on your level of firearm use.

Where Is It Forbidden to Have a Firearm in West Virginia?

Although concealed carry is a right in the state for people who meet the requirements, there are still certain locations in West Virginia where firearms are not allowed, even if they are concealed. These include:

  • Buildings or property in which the owner or manager has prohibited firearms from being carried onto the premises
  • The State Capitol Complex, which has certain exceptions
  • Correctional facilities, detention facilities, and jails
  • County courthouses or the state courthouse building
  • Secondary and primary schools or school buses

If you are unsure about where you are legally authorized to carry your firearm in West Virginia, a firearms lawyer can work with you to ensure that you have the information you need for safe gun ownership. They can also help you avoid any challenges with the law.

Illegal Firearm Possession in Morgantown, West Virginia

Certain types of firearms and weapons are illegal to possess or sell in West Virginia. These types of weapons are typically known as either fully automatic weapons, submachine guns, or machine guns. However, there are certain exceptions.

It is a serious crime in West Virginia to own or operate certain weapons, such as a:

  • Rocket launcher
  • Military firearm
  • Steyr AUG
  • Kalashnikov

Oftentimes, firearms enthusiasts and collectors in West Virginia can unintentionally violate the law, as they may acquire certain weapons, such as historic pieces, without being aware that they are against the law.

If you are facing charges for illegal firearm possession in Morgantown, it is important to contact a skilled criminal defense lawyer who can understand your questions and concerns. They can analyze the details of your case to build an optimal defense strategy.

Who Is Not Allowed to Own Firearms in West Virginia?

In West Virginia, there are certain individuals who are not allowed to possess firearms of any type, even if they are considered to be legal in the state. These include:

  • Individuals who have been convicted of crimes that are punishable for a time period of greater than one year
  • People who have been deemed by the courts to be mentally incompetent
  • Anyone who has been admitted to a mental institution against their own will
  • People who have been convicted of domestic abuse charges
  • Those who have been deemed by the courts as being habitually addicted to alcohol or other controlled substances
  • Anyone who was dishonorably discharged from the U.S. Armed Forces

Additionally, any person who is considered to have an illegal status in the United States, such as those who have expired immigration papers in the state, cannot carry or own firearms. In such cases, immigration and firearm rights can overlap strongly.

If you are unsure about whether you have legal permission to own a firearm, or if you are concerned that your right to arms has been breached, the knowledgeable attorney at Crowe Law, LLC, represented by Patrick Crowe, can assist you.

Can I Carry Firearms in West Virginia If I Am Under 21?

It is illegal for people who are under the age of 21 to carry a firearm. However, it’s important to keep in mind that individuals between the ages of 18 and 21 can apply for a provisional concealed carry license.

If a person under 21 is charged with carrying a firearm without legal authorization for the first time, they can be charged with a misdemeanor. This offense is punishable by a maximum of one year in prison as well as $100 to $1,000 in fines. A second offense is a felony, which can result in incarceration from one to five years and a fine of $1,000 to $5,000.

Who Is Not Allowed to Sell Firearms in West Virginia?

All the individuals mentioned above, including those who have been deemed mentally incompetent, domestic abusers, addicts, or felons who are not able to own a firearm, cannot sell them either. Any individual who is legally authorized to sell firearms can face felony charges if they sell their products to individuals who are legally unauthorized to own them.

Furthermore, as a business owner or an employee, it is illegal for an individual to allow another employee to sell or provide a firearm to an individual who is legally not allowed to purchase or possess one. If you are a business owner or employee who is facing criminal charges for making unauthorized gun sales, the criminal defense lawyer at Crowe Law, LLC, can take on your case, helping defend your rights and your interests.

Can I Get My Gun Rights Back in West Virginia?

If you are an individual who has been disqualified from owning or possessing a firearm in West Virginia, you may qualify to petition to regain access. Since 2008, there is a possibility for banned gun owners to submit a petition to the local circuit court. A successful petition gives certain individuals back the right to own and purchase firearms.

The requirements for gun restoration rights cases can be difficult to meet, considering that you must show that certain health conditions and behaviors have improved dramatically with time. The firearms attorney at Crowe Law, LLC, can help you understand whether you are eligible to have your gun rights restored. Our firm can also guide you through the subsequent requirements and processes that you will need to fulfill.

A Morgantown Firearms Attorney Who Can Protect Your Second Amendment Rights

Safe and responsible gun ownership is a constitutional right of all law-abiding citizens in the United States and West Virginia. The legal team at Crowe Law, LLC, can assist you with your gun-related legal challenges in the state, whether you are working toward understanding your rights as a gun owner or fighting back against charges that may restrict your right to carry. Contact us today to get started.


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