Morgantown Weapons Charge Defense Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 12, 2026

West Virginia has some of the broadest carry laws in the country, which can make it easy to assume a gun charge is a technicality. It is not. A weapons conviction can mean jail or prison and, in many cases, the loss of the right to possess a firearm.

Slavey & Shumaker PLLC defends state weapons charges in Monongalia, Preston, Marion and Harrison Counties. We handle charges under West Virginia law; we do not handle federal firearm prosecutions.

1. Who May Carry in West Virginia

A person may carry a concealed deadly weapon without a license if he or she is at least 18 years of age, a United States citizen or legal resident, not prohibited from possessing a firearm under West Virginia law, and not prohibited under the federal statutes listed in the law, 18 U.S.C. § 922(g) or (n) (W. Va. Code § 61-7-7(c)). Some places, such as schools, have their own rules, discussed below.

2. Prohibited Persons

West Virginia law prohibits certain people from possessing a firearm, including a person who (§ 61-7-7(a)):

• Has been convicted in any court of a crime punishable by imprisonment for more than one year
• Is habitually addicted to alcohol, or is an unlawful user of or habitually addicted to a controlled substance
• Has been adjudicated mentally incompetent or involuntarily committed, as described in the statute
• Has been dishonorably discharged from the armed forces
• Is subject to a domestic violence protective order that meets the requirements of the statute; see our protective order page
• Has been convicted of misdemeanor assault or battery against a spouse, intimate partner or certain other family or household members, or a comparable domestic violence offense

A violation of subsection (a) is a misdemeanor punishable by a fine of $100 to $1,000, 90 days to one year in jail, or both. Possession by a person convicted of a felony crime of violence against a person, a felony sexual offense or certain felony controlled substance offenses is a felony punishable by up to five years, a fine of up to $5,000, or both (§ 61-7-7(b)). Carrying a concealed firearm while prohibited is a separate felony (§ 61-7-7(d), (e)).

3. Brandishing

It is unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry or not, to carry, brandish or use it in a way that causes or threatens a breach of the peace. Brandishing is a misdemeanor punishable by a fine of $50 to $1,000, 90 days to one year in jail, or both (W. Va. Code § 61-7-11).

4. Wanton Endangerment With a Firearm

A person who wantonly performs any act with a firearm that creates a substantial risk of death or serious bodily injury to another is guilty of a felony, punishable by one to five years, or in the court’s discretion, up to one year in jail or a fine of $250 to $2,500, or both (W. Va. Code § 61-7-12). These charges often arise from shots fired in celebration, in anger or during a dispute.

5. Schools and College Campuses

It is unlawful to possess a firearm or other deadly weapon on a school bus, in or on the grounds of a primary or secondary school, or at certain school-sponsored functions, subject to exceptions listed in the statute (W. Va. Code § 61-7-11a(b)).

College campuses are different. A person holding a current and valid license to carry a concealed deadly weapon may carry a concealed pistol or revolver on the campus and in the buildings of a state institution of higher education, such as West Virginia University, but the institution may regulate carry in certain locations, including organized events at stadiums or arenas with a capacity of more than 1,000 spectators and rooms where student or employee disciplinary proceedings are held (W. Va. Code § 18B-4-5b). The campus provision refers to license holders, so permitless carry rules should not be assumed to apply the same way on campus.

6. Restoring Firearm Rights

A person prohibited under subsection (a) may petition the circuit court of the county where he or she lives to regain the ability to possess a firearm. The court may enter an order allowing possession if it finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility, and if possession would not violate federal law (§ 61-7-7(f)). That petition does not apply to people convicted of the offenses in subsection (b). A person whose disqualifying conviction was expunged or set aside, or who received an unconditional pardon, is not prohibited by the section (§ 61-7-7(g)); see our expungement page.

7. Defending a Weapons Charge

8. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, appear regularly in the magistrate, circuit and municipal courts of Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

9. Frequently Asked Questions About Weapons Charges

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.