West Virginia Self-Defense - Assault

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Multi-State
Control #:
US-00890
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Word; 
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Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

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FAQ

§61-3A-7. Organized retail theft; offenses; penalties; cumulation; venue; forfeiture.

West Virginia Law West Virginia has enacted a stand your ground law which removes the duty to retreat before using deadly force in self defense when a person is in any place he or she has a legal right to be.

Also, if that person who carries a concealed firearm has a felony conviction or certain drug convictions, s/he can be imprisoned for up to ten years, issued a fine of up to $10,000, or both.

Can You Carry a Loaded Gun in Your Car in West Virginia? Yes. Loaded firearms can be carried concealed in vehicles by anyone who is at least 21 years old (18 years old for members of the United States Armed Forces, Reserve or National Guard) and legally entitled to have a firearm under state and federal law.

West Virginia's concealed carry laws have no impact on your right to openly carry an unconcealed weapon. Instead, the concealed carry laws recognize that persons 21 years of age or older who may lawfully possess a firearm may carry a deadly weapon in a concealed manner without a license.

Possessing deadly weapons on premises of educational facilities; reports by school principals; suspension of driver's license; possessing deadly weapons on premises housing courts of law and family law courts.

Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties.

(A) ? Except as provided in this section, no person shall possess a firearm who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. (2) Is an unlawful user of or habitually addicted to any controlled substance, including alcohol.

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West Virginia Self-Defense - Assault