HB 3494
Certain persons prohibited from possessing firearms
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill expands the list of individuals prohibited from possessing firearms in West Virginia. Specifically, it adds convictions for certain domestic violence offenses (including those involving protective orders and credible threats) and misdemeanor assault/battery convictions to the list of crimes that trigger firearm prohibition. Individuals convicted of these offenses must sign a form acknowledging their prohibition and transfer any firearms they own to someone not prohibited. It also introduces enhanced penalties for carrying concealed firearms by individuals already prohibited from possessing them.
Key provisions
- Requires individuals convicted of specific domestic violence crimes (including those with protective orders and credible threat findings) to sign a form acknowledging their firearm prohibition.
- Adds misdemeanor assault and battery convictions to the list of offenses prohibiting firearm possession.
- Mandates the transfer of any firearms to a non-prohibited individual upon conviction of a prohibited offense.
- Increases penalties for carrying a concealed firearm for individuals already prohibited from possessing firearms.
- Allows individuals with expunged or pardoned felony convictions related to firearm offenses to petition for the ability to possess firearms.
- Specifies that a mental hygiene commissioner or circuit judge must determine a conservator for surrendered property.
- Defines specific types of domestic violence offenses that trigger the prohibition.
- Clarifies the definition of a firearm for the purposes of this bill.
Who is affected
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