West Virginia residents may ask courts to restore firearm rights after mental health rulings

People seeking to regain firearm rights must file their treatment history, permission to release their mental health records to the prosecutor, and a verified exam certificate. This applies to people seeking relief from a firearm ban based solely on a mental health finding or commitment. The exam certificate must say the person is competent and unlikely to endanger public safety. Counselors, social workers, psychiatric nurse practitioners, and physician assistants may examine the person only if a circuit court first approves them based on their expertise. The exam must take place within 30 days before the person files the petition.

A circuit court may restore firearm rights if clear and convincing evidence shows the person is competent, can handle the responsibility, is unlikely to endanger public safety, and restoration serves the public interest. The court may consider only petitions based on mental health findings or commitments that occurred in West Virginia, and may grant only the relief requested. The court must consider evidence about why the firearm ban was imposed, the person’s mental health and criminal records, and character evidence.

Records filed in a firearm rights petition are confidential. This covers petitions, exam certificates, treatment records, and other filed papers containing mental health or substance use information. The prosecutor may inspect the records to represent the state in the case, and the petitioner and their lawyer may inspect them. Others may inspect the records only with the petitioner’s or legal representative’s permission, or by court order; publication also requires that permission.