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Arrested for Felon in Possession of a Firearm in West Virginia? Here’s What to Do

Frank C. Walker II Feb. 13, 2025

West Virginia’s gun laws are among the least restrictive in the country, but the rules change drastically for individuals with felony convictions. If you’re a felon caught in possession of a firearm, you’re facing serious criminal charges that can result in severe penalties, including lengthy prison sentences. If you’ve been arrested under these circumstances, it’s critical to understand the legal implications and act quickly to protect your rights.

At Frank Walker Law, we understand the high stakes of this situation and are here to guide you through every step of the legal process. Here’s what you need to know and what actions to take if you’re arrested for being a felon in possession of a firearm in West Virginia.

What Does the Law Say About Felons and Firearms in West Virginia?

Under federal law (18 U.S.C. §922(g)) and West Virginia state law, it is illegal for a person convicted of a felony to own, possess, or control a firearm. This prohibition applies regardless of the type of firearm or whether it is loaded or operable at the time of possession. A felony conviction includes any crime punishable by more than one year of imprisonment.

Penalties for Felon in Possession of a Firearm

Being convicted of possessing a firearm as a felon can lead to significant consequences, such as:

  • State Charges: Penalties may include several years in state prison and hefty fines.

  • Federal Charges: If prosecuted federally, you could face up to 10 years in federal prison, with enhanced penalties for repeat offenders or those involved in violent crimes.

Because this offense often involves both state and federal jurisdictions, it’s essential to have an experienced attorney who understands both legal systems.

Step 1: Remain Silent and Cooperate

If you’re arrested, do not attempt to explain your situation to law enforcement. Anything you say can and will be used against you. Instead, politely exercise your right to remain silent and refrain from making any statements until you have an attorney present.

Step 2: Contact an Experienced Criminal Defense Attorney

Time is critical in cases involving firearms possession by a felon. Contact Attorney Frank Walker as soon as possible to start building a strong defense. With years of experience handling complex criminal cases, Frank Walker Law is prepared to fight for your rights and explore every possible defense.

Step 3: Document All Details of the Arrest

Write down everything you remember about the incident, including:

  • How the firearm was discovered.

  • Whether law enforcement had a warrant.

  • The circumstances of your arrest.

This information can be valuable in identifying potential violations of your rights, such as unlawful searches and seizures.

Step 4: Understand Potential Defenses

There are several possible defenses to charges of felon in possession of a firearm, including:

  • Unlawful Search and Seizure: If the firearm was discovered during an illegal search, the evidence may be suppressed.

  • Lack of Knowledge: You may not have known that the firearm was in your possession.

  • Mistaken Identity: If the firearm belonged to someone else, this could be a viable defense.

  • Restoration of Rights: In some cases, felons may have had their firearm rights restored, which could negate the charges.

Why Choose Frank Walker Law?

When your freedom is on the line, you need an attorney with the skills, experience, and dedication to mount an aggressive defense. Attorney Frank Walker has a proven track record of defending clients against serious criminal charges in West Virginia. We will meticulously examine the evidence, challenge the prosecution’s case, and fight for the best possible outcome.

Take Action Today

A charge of felon in possession of a firearm is serious, but you don’t have to face it alone. Contact Frank Walker Law today for a consultation. We’ll review your case, explain your legal options, and develop a defense strategy tailored to your unique situation. Protect your future and your rights—let us fight for you.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.