West Virginia Jury Instruction - Possession Of Unregistered Firearm

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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.

§61-7-7. 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. §61-7-8. Possession of deadly weapons by minors; prohibitions.

A felony is any crime that carries a penalty of imprisonment in the penitentiary for at least one year. This includes murder, manslaughter, theft crimes involving more than $1,000, third offense DUI, strangulation, and possession with intent to deliver a controlled substance.

Possessing a gun when prohibited and the offender has a prior felony crime of violence, felony sexual offense, or felony drug offense is a felony punishable by imprisonment for up to 5 years and a fine up to $5,000.

Living in separate rooms or having it under lock and key is not enough. Convicted felons cannot be in the same residential property as a firearm.

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.

Section 61-7-7(f) provides that a person dispossessed by virtue of a felony conviction may petition the circuit court of the county in which they reside to regain the ability to possess a firearm ?if the court finds by clear and convincing evidence that the person is competent and capable of exercising the ...

(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 Jury Instruction - Possession Of Unregistered Firearm