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Search Term Q&A: Felons and Gun Rights |
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Gregory Morris, 10/15/08 12:56:29 pm |
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Question: "law to get gun rights back for felon in wva"
Answer: To my knowledge, after completion of any probation, a felon in West Virginia may have their right to vote restored in certain cases. However, the right to own a firearm is completely lost forever.
US Code, Section 922(g)(1) states It shall be unlawful for any person ... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year ... [to possess] any firearm or ammunition That ban on possession also extends to anyone convicted of a "misdemeanor crime of domestic violence".
I am not aware of any means of restoring gun rights once you have been convicted of a felony (in WV or anywhere else.)
The Supreme Court's recent decision in the DC vs Heller case seems to affirm that it is constitutional to deny the right to keep and bear arms to anyone who has been convicted of a felony.
I've heard arguments that perhaps "antique" firearms, or muzzle-loading blackpowder firearms might be kosher for a felon to own since the federal government, as well as many states, do not consider them to be firearms. You need to consult with a lawyer on that, because these definitions often differ from state to state.
The state of Florida does not consider an antique gun to be a firearm unless it is used to commit a crime. On the other hand, an acquaintance of mine in WV who has a felony record once asked his lawyer if he could own a muzzle-loader, and got a very solid "NO" in response. Regardless, it would be risky for a felon to own any firearm, antique or not, because the laws are vague and I guarantee the police and prosecutor will not give you the benefit of the doubt. |
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