Can a felon own a gun in West Virginia?

West Virginia prohibits firearm possession for persons convicted of a felony involving violence, or certain drug felonies, or who are under a domestic violence protective order. Non-violent felons may not be prohibited under state law (only federal law). For those prohibited under state law, only a gubernatorial pardon restores rights.

How can a felon restore gun rights in West Virginia?

Apply for a gubernatorial pardon (for those prohibited under state law). Non-violent felons should note that while state law may not prohibit them, federal law does.

What is the waiting period for gun rights restoration in West Virginia?

Must complete sentence. No fixed waiting period for pardon application.

Are there exceptions to gun rights restoration in West Virginia?

Non-violent felons are not prohibited from possessing firearms under West Virginia state law — only 'crimes of violence' and certain drug felonies trigger the state prohibition. However, federal law (18 USC 922(g)) prohibits all felons.

Can a felon get gun rights back in West Virginia?

Yes, but the path depends on the type of conviction. For nonviolent felonies, expungement under WV Code 61-11-26 is the most accessible route — you can petition the circuit court 5 years after completing your sentence. For violent felonies and drug offenses, an unconditional gubernatorial pardon is the only option. Note that even if state law does not prohibit you (because your offense was nonviolent), federal law still does, and expungement or a pardon is needed to address the federal ban.

How do I apply for a pardon in West Virginia?

Contact the Governor's office at (304) 558-2000 to request an Executive Clemency application. Complete the application with your personal and criminal history details, evidence of rehabilitation, and submit it to the Governor's office. The application is forwarded to the West Virginia Parole Board for investigation and recommendation, and the Governor then makes the final decision.

How long does the West Virginia pardon process take?

The timeline varies. There is no fixed statutory waiting period before applying, but you must have completed your sentence. The Parole Board investigation and recommendation can take several months. The entire process from application to the Governor's decision typically takes several months to over a year, depending on the complexity of the case and the Governor's schedule.

What felonies qualify for expungement in West Virginia?

Under WV Code 61-11-26, nonviolent felony offenses are eligible for expungement 5 years after conviction, incarceration, or supervision completion (whichever is later). Under 61-11-26A, the waiting period drops to 3 years if you complete an approved substance abuse treatment or job readiness program. Violent felonies, sexual offenses, and offenses involving minors are NOT eligible for expungement.

Does expungement in West Virginia restore gun rights?

Yes. WV Code 61-7-7 explicitly provides that persons whose conviction is 'expunged or set aside' are not prohibited from possessing firearms. A successful expungement under WV Code 61-11-26 or 61-11-26A should remove both the state and federal firearms disabilities because the conviction is effectively removed from the record.

What is the penalty for a felon possessing a firearm in West Virginia?

Under WV Code 61-7-7, a prohibited person who possesses a firearm is guilty of a felony punishable by imprisonment in a state correctional facility for not less than 1 year and not more than 5 years, or a fine of not more than $5,000, or both. Additional penalties may apply under federal law.

Does a West Virginia pardon lift the federal firearms ban?

Generally yes. Under 18 USC 921(a)(20), an unconditional state pardon that restores civil rights is recognized as lifting the federal firearms disability, provided the pardon does not expressly exclude firearms. A West Virginia unconditional pardon should lift the federal ban. Consult an attorney to confirm the specific language of your pardon.

What about the new federal 18 USC 925(c) process — can that help West Virginia felons?

The DOJ revived the 18 USC 925(c) petition process in 2025-2026, which allows individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy that does not depend on West Virginia state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override any state prohibition under WV Code 61-7-7 — you would still need a state-level remedy (expungement or pardon) for state-law purposes.

Is there pending legislation to change West Virginia's gun rights restoration laws?

Yes. In the 2025 legislative session, HB 2618 was introduced to provide automatic restoration of Second Amendment rights upon completion of sentence for nonviolent felony convictions. HB 3219 addressed defining crimes of violence and clarifying firearm protections. These bills represent ongoing efforts to expand restoration pathways. Check the West Virginia Legislature's website (wvlegislature.gov) for current status.

Felon Gun Rights in West Virginia

Pardon only

It depends on the type of felony. If your conviction was for a non-violent, non-drug felony, West Virginia state law may not prohibit you from possessing firearms — but federal law still does. If your conviction was for a crime of violence or certain drug offenses, you cannot legally possess firearms unless you receive an unconditional pardon from the Governor or your conviction is expunged. There is no court petition process specifically for gun rights restoration.

Last updated: 2026-03-21

Overview

West Virginia prohibits firearm possession for persons convicted of a felony involving violence, certain drug felonies, or those under a domestic violence protective order under WV Code 61-7-7. Notably, non-violent felons may not be prohibited under state law — only the federal prohibition under 18 USC 922(g)(1) applies to them. For those who are prohibited under state law, the primary paths to restoration are an unconditional gubernatorial pardon or expungement of the conviction under WV Code 61-11-26. West Virginia does not have a court petition process specifically for firearm rights restoration apart from expungement.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms regardless of West Virginia state law. This means that even non-violent felons who are not prohibited under WV Code 61-7-7 are still federally prohibited. A West Virginia gubernatorial pardon that restores civil rights is generally recognized as lifting the federal firearms disability under 18 USC 921(a)(20), provided the pardon does not expressly exclude firearms. Expungement of the conviction also removes the federal disability. The revived 18 USC 925(c) federal petition process, reopened by the DOJ in 2025-2026, may provide an additional federal pathway for individuals to seek relief from federal firearms disabilities.

Can restore gun rights

✓Persons who receive an unconditional pardon from the West Virginia Governor
✓Persons whose felony conviction is expunged under WV Code 61-11-26 (nonviolent felonies, 5-year waiting period after sentence completion)
✓Persons whose felony conviction is expunged under WV Code 61-11-26A (accelerated 3-year expungement with approved treatment or job program completion)
✓Persons whose conviction is overturned on appeal or through post-conviction proceedings
✓Persons who successfully completed a deferred adjudication or pretrial diversion where no felony conviction was entered
✓Persons eligible for the revived federal 18 USC 925(c) petition process for relief from federal firearms disabilities

Cannot restore gun rights

✗Persons convicted of a felony involving violence who have not received a pardon or expungement
✗Persons convicted of qualifying drug felonies who have not received a pardon or expungement
✗Persons convicted of violent felonies, sexual offenses, or felonies involving minor victims — these are ineligible for expungement under WV Code 61-11-26
✗Persons convicted of misdemeanor domestic violence offenses — prohibited under both state and federal law
✗Persons subject to an active domestic violence protective order
✗Persons convicted of federal felonies or out-of-state felonies — must seek restoration in the jurisdiction of conviction or obtain federal relief

Step-by-Step Process

Determine whether state law prohibits you

WV Code 61-7-7 only prohibits persons convicted of a 'crime of violence' or certain drug felonies from possessing firearms. If your felony was non-violent and not drug-related, you may not be prohibited under state law (though federal law still applies). Review your conviction with an attorney to determine your status.

Evaluate your restoration options

There are two primary paths: (1) expungement of your conviction under WV Code 61-11-26 or 61-11-26A, or (2) an unconditional gubernatorial pardon. Expungement is generally more accessible for nonviolent felonies. Violent felonies and sexual offenses are not eligible for expungement and require a pardon.

Option A — Petition for expungement (nonviolent felonies)

If eligible, you may petition the circuit court for expungement after 5 years from conviction, completion of incarceration, or completion of supervision (whichever is later). Under WV Code 61-11-26A, the waiting period is reduced to 3 years if you completed an approved substance abuse treatment or job readiness program. File the petition in the circuit court where you were convicted.

Option B — Apply for a gubernatorial pardon

Contact the Governor's office at (304) 558-2000 to request an Executive Clemency application. Complete the application with your personal information, criminal history, employment history, and evidence of rehabilitation. Submit the completed application to the Governor's office by mail.

Parole Board review (pardon path only)

The Governor's office forwards your clemency application to the West Virginia Parole Board. The Parole Board compiles a written report evaluating the circumstances of the crime, criminal history, employment and education, substance use history, and institutional conduct. The Board then makes a recommendation to the Governor.

Governor's decision (pardon path only)

The Governor has sole discretion to grant or deny the pardon and is not bound by the Parole Board's recommendation. If an unconditional pardon is granted, your right to possess firearms is restored under WV Code 61-7-7. The entire pardon process can take several months to over a year.

Confirm restoration and update records

Whether through expungement or pardon, confirm that your records have been updated with the West Virginia State Police and the FBI's NICS database. For pardons, verify the pardon is unconditional and does not expressly exclude firearms. You may petition to have records expunged one year after receiving a full unconditional pardon.

Waiting Period

For expungement under WV Code 61-11-26, you must wait at least 5 years after conviction, completion of incarceration, or completion of supervision, whichever is later. Under WV Code 61-11-26A, this is reduced to 3 years if you completed an approved treatment or job program. For a gubernatorial pardon, there is no fixed statutory waiting period, but you must have completed your sentence. The pardon process itself can take several months to over a year from application to decision.

Key Laws

Law	Year	Description
WV Code 61-7-7 — Persons Prohibited from Possessing Firearms	1987 (amended multiple times)	Prohibits possession of firearms by persons convicted of a crime of violence, certain drug felonies, persons adjudicated mentally incompetent, persons under domestic violence protective orders, and minors. Also provides that persons whose conviction is expunged, set aside, or who receive an unconditional pardon are not prohibited. Violations are a felony punishable by 1-5 years imprisonment.
WV Code 61-11-26 — Expungement of Certain Criminal Convictions	2019 (SB 152)	Allows persons convicted of nonviolent felony offenses to petition the circuit court for expungement 5 years after conviction, incarceration, or supervision completion. Excludes violent felonies, sexual offenses, and offenses involving minors. Successful expungement restores firearm rights.
WV Code 61-11-26A — Accelerated Expungement with Treatment/Job Program	2020 (SB 562)	Provides an accelerated 3-year expungement timeline for persons who complete an approved substance abuse treatment or job readiness training program. Applies to the same eligible nonviolent offenses as 61-11-26.
WV Constitution, Article VII, Section 11 — Governor's Pardon Power	1872	Grants the Governor the power to remit fines and penalties, commute sentences, grant reprieves and pardons after conviction. This is the constitutional basis for executive clemency in West Virginia.
WV Code 5-1-16A — Executive Clemency Procedures	1992	Establishes the procedures for executive clemency applications, including the role of the Parole Board in investigating and making recommendations to the Governor.

Edge Cases

I was convicted of a nonviolent, non-drug felony — am I prohibited from possessing firearms under WV law?

Possibly not under state law. WV Code 61-7-7 specifically prohibits persons convicted of a 'crime of violence' or certain drug felonies. If your conviction does not fall into these categories, you may not be prohibited under state law. However, federal law under 18 USC 922(g)(1) prohibits ALL felons from possessing firearms regardless of the type of offense. You remain federally prohibited until you obtain a pardon, expungement, or other relief. Consult an attorney to determine your exact status.

Can I get my gun rights restored through expungement in West Virginia?

Yes, if your conviction qualifies. WV Code 61-7-7 explicitly states that persons whose conviction is 'expunged or set aside' are not prohibited from possessing firearms. Under WV Code 61-11-26, nonviolent felony convictions may be expunged after a 5-year waiting period (or 3 years under 61-11-26A with an approved treatment program). Violent felonies, sexual offenses, and crimes against minors are not eligible for expungement.

Does West Virginia have a court petition process for firearm rights restoration separate from expungement?

No. Unlike many states, West Virginia does not have a standalone court petition process specifically for restoring firearm rights. Your options are limited to expungement (for eligible nonviolent felonies) or a gubernatorial pardon. WV Code 61-7-7(f) does reference a court petition, but this applies narrowly to persons found mentally incompetent, not to felons.

What if I was convicted of a felony in another state — can I possess firearms in West Virginia?

The WV Code 61-7-7 prohibition applies to convictions 'in this state or any other jurisdiction.' If your out-of-state conviction was for a crime of violence or drug felony, you are prohibited under West Virginia state law. Additionally, federal law prohibits all felons from possessing firearms. You would need to seek restoration in the state of conviction or obtain federal relief.

I received a conditional pardon — does that restore my gun rights?

It depends on the terms. WV Code 61-7-7 specifically requires an 'unconditional pardon' to lift the firearm prohibition. A conditional pardon may not restore gun rights if it includes restrictions or conditions that remain in effect. Review the specific language of your pardon with an attorney.

Can I possess antique firearms or black powder weapons with a felony conviction in West Virginia?

West Virginia law defines 'firearm' broadly, but antique firearms (manufactured before 1899) and replicas may fall outside the definition. However, federal law under 18 USC 922(g)(1) has its own definitions, and the ATF exempts certain antique firearms from the federal prohibition. Consult an attorney before possessing any weapon, as the intersection of state and federal definitions is complex.

Frequently Asked Questions

Can a felon get gun rights back in West Virginia?: Yes, but the path depends on the type of conviction. For nonviolent felonies, expungement under WV Code 61-11-26 is the most accessible route — you can petition the circuit court 5 years after completing your sentence. For violent felonies and drug offenses, an unconditional gubernatorial pardon is the only option. Note that even if state law does not prohibit you (because your offense was nonviolent), federal law still does, and expungement or a pardon is needed to address the federal ban.
How do I apply for a pardon in West Virginia?: Contact the Governor's office at (304) 558-2000 to request an Executive Clemency application. Complete the application with your personal and criminal history details, evidence of rehabilitation, and submit it to the Governor's office. The application is forwarded to the West Virginia Parole Board for investigation and recommendation, and the Governor then makes the final decision.
How long does the West Virginia pardon process take?: The timeline varies. There is no fixed statutory waiting period before applying, but you must have completed your sentence. The Parole Board investigation and recommendation can take several months. The entire process from application to the Governor's decision typically takes several months to over a year, depending on the complexity of the case and the Governor's schedule.
What felonies qualify for expungement in West Virginia?: Under WV Code 61-11-26, nonviolent felony offenses are eligible for expungement 5 years after conviction, incarceration, or supervision completion (whichever is later). Under 61-11-26A, the waiting period drops to 3 years if you complete an approved substance abuse treatment or job readiness program. Violent felonies, sexual offenses, and offenses involving minors are NOT eligible for expungement.
Does expungement in West Virginia restore gun rights?: Yes. WV Code 61-7-7 explicitly provides that persons whose conviction is 'expunged or set aside' are not prohibited from possessing firearms. A successful expungement under WV Code 61-11-26 or 61-11-26A should remove both the state and federal firearms disabilities because the conviction is effectively removed from the record.
What is the penalty for a felon possessing a firearm in West Virginia?: Under WV Code 61-7-7, a prohibited person who possesses a firearm is guilty of a felony punishable by imprisonment in a state correctional facility for not less than 1 year and not more than 5 years, or a fine of not more than $5,000, or both. Additional penalties may apply under federal law.
Does a West Virginia pardon lift the federal firearms ban?: Generally yes. Under 18 USC 921(a)(20), an unconditional state pardon that restores civil rights is recognized as lifting the federal firearms disability, provided the pardon does not expressly exclude firearms. A West Virginia unconditional pardon should lift the federal ban. Consult an attorney to confirm the specific language of your pardon.
Are non-violent felons allowed to possess firearms in West Virginia?: Under West Virginia state law, the firearm prohibition in WV Code 61-7-7 targets persons convicted of 'crimes of violence' and certain drug felonies — not all felons. This means some nonviolent, non-drug felons may not be prohibited under state law. However, federal law under 18 USC 922(g)(1) prohibits ALL felons from possessing firearms. You remain federally prohibited even if WV state law does not prohibit you. Possessing a firearm under these circumstances could result in federal charges.
What about the new federal 18 USC 925(c) process — can that help West Virginia felons?: The DOJ revived the 18 USC 925(c) petition process in 2025-2026, which allows individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy that does not depend on West Virginia state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override any state prohibition under WV Code 61-7-7 — you would still need a state-level remedy (expungement or pardon) for state-law purposes.
Is there pending legislation to change West Virginia's gun rights restoration laws?: Yes. In the 2025 legislative session, HB 2618 was introduced to provide automatic restoration of Second Amendment rights upon completion of sentence for nonviolent felony convictions. HB 3219 addressed defining crimes of violence and clarifying firearm protections. These bills represent ongoing efforts to expand restoration pathways. Check the West Virginia Legislature's website (wvlegislature.gov) for current status.

Take Action — Direct Links

West Virginia Parole Board — Executive Clemency
Official information about the executive clemency process in West Virginia, including the Parole Board's role in reviewing pardon applications.
West Virginia Governor's Office — Clemency Application
Contact the Governor's office at (304) 558-2000 to request an Executive Clemency application form.
West Virginia Judiciary — Expungement Information
Information and forms for petitioning the circuit court for expungement of eligible criminal convictions under WV Code 61-11-26.
Collateral Consequences Resource Center — West Virginia Profile
Comprehensive guide to West Virginia restoration of rights, pardon, expungement, and sealing — including gun rights restoration.
Legal Aid of West Virginia
Free legal assistance for eligible West Virginians, including help with expungement petitions and understanding rights restoration options.
ATF — Federal Firearms Disabilities and 18 USC 925(c) Relief
Federal information on firearms disabilities under 18 USC 922(g) and the revived 925(c) petition process for relief from federal firearms prohibitions.