gun laws Weapons, Guns, Firearms

Why do you think those guns are not covered?

 

What state is this?

- Carl

 

A reading of WV code 61-7-7 indicates that if your offense resulted in a punishment of greater than one year in custody, you would be unable to possess a firearm. Additionally, 61-7-2(11) defines a "firearm" thus: "Firearm" means any weapon which will expel a projectile by action of an explosion."

So, under at least WV law you are dead in the water.

There may be some exception, so you may consider consulting an attorney.

- Carl

 

The P.O. was probably giving you info on what was permissable under federal law as he understood it ... WV law would appear to be different - and pretty clear on how a firearm is defined.

- Carl

 

Yes, but WV has the right to establish their own gun restrictions. As previously mentioned, if your offense in the federal system resulted in more than a year in federal custody, then WV says you cannot possess (or own) a firearm as defined under WV law.

Even if the feds don't care, WV does.

For instance, under federal law I should be allowed to carry my firearm into New York City because I am a full-time, paid police officer in CA. However, under NY state law - and New York City laws, I COULD be arrested if I tried to do so (this, in fact, an unsettled issue, but I think the inference is clear).

- Carl

 

I honestly don't know. I'm gonna guess on the "safe" side, and assume that the sentence will be what counts and not the actual time served. If you were sentenced to 14 months, that is probably going to be what WV would look at.

You might really want to consult an attorney in WV to be sure on this issue because there could be some loophole that I am unaware of. When I went to the WV AG's site, I found nothing on this subject, so gun laws don't seem to be high on their agenda ... in my state the AG has a LOT on gun laws.

- Carl