West Virginia law authorizes an arresting officer to seize all weapons that are possessed in violation of a valid protective order, subject to the requirements of the state and federal Constitutions.1 See the West Virginia Domestic Violence & Firearms section for further information.
Once an individual has become prohibited from possessing firearms due to a formal adjudication regarding their mental competency or an involuntary commitment to a mental health treatment facility, West Virginia law states that they “shall be duly notified” that they are to immediately relinquish any firearms in their ownership or possession; provided, however, that the mental hygiene commissioner or circuit judge must first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered firearms.2
West Virginia does not have any other laws mandating the surrender or removal of firearms.
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- W. Va. Code § 48-27-1002(e)(3).
- W. Va. Code § 61-7-7(a)(4).