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Can a fellow own a pellet gun in west. My wife is a

Can a fellow own...

Can a fellow own a pellet gun in west virginia

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My wife is a felon,can I have guns in a safe at the house as long as she doesn’t have acces

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10/2/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,312
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 9 months ago
I’ve been told I’m allowed to carry my concurred weapon with her as long as it is on me personally,is this true
Customer reply replied 9 months ago
Concielled

Your state defines a firearm as "any weapon which will expel a projectile by action of an explosion." That is similar to though not exactly like the Federal statute which says that defines a fireare as "any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive"

A pellet gun is not considered a firearm under Federal law because it doesn't require an explosive. Similarly, it would not appear to be a firearm under WV law either. I find nothing in WV case law directly on point about the legality of pellet guns for felons, but given the definition of a firearm, you'd have a strong legal argument that it was not one.

As for anything else, the only 100% way to keep your wife from being arrested is not to have any guns in the home or on your person when you are with her, concealed or otherwise. A gun safe to which she has no access is relatively safe, but under the right combination of circumstances, she could still end up charged with a crime. As for having it on your person, I don't know who told you that, but it puts her at great risk.

It's difficult when you share a home with someone whose rights have been taken away, because although you may still have yours, you lose some of your liberties in this area to keep her safe.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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