How to obey orders prohibiting guns and firearms
If you have or own any guns or firearms, you must complete the steps below. If you don't own any guns or firearms, do not try to get or buy any until the orders against you end.
Before you start
You will need a copy of the restraining order. It should be on one of these forms:
- Form WV-110,
- Form WV-130, or
- Form WV-730.
Decide what you want to do with your firearms and ammunition
If you have or own firearms, you must do one of the following within 24 hours of being served with the restraining order:
If your job requires you to carry a firearm, you can ask a judge to allow you to have a firearm for work only. For more information about how to ask a judge, talk to a lawyer or get more information from your local Self-Help Center. You cannot carry or possess firearms or ammunition, even at work, until you have permission (a signed court order) from the judge.
- Turn your firearms over to local police
- Sell your firearms to a licensed gun dealer
- Store your firearms with police or licensed gun dealer (you will likely have to pay a fee for storage)
Have police or licensed gun dealer complete the required form
You must prove to the judge that you turned in, sold, or stored all firearms you own or have.
To do this, print out a form called Proof of Firearms Turned in, Sold, or Stored (form WV-800).
Yes, if it has the same information that is included on form WV-800. Make sure you get the original copy of the form to file with the court.
- You fill out items 1, 2, 3, 8, and the case number.
- Have the police officer or licensed gun dealer complete item 5 or 6, and item 7.
- Sign and date the form on the bottom of page 2.
File the form with the court clerk
Once the form is complete, make a copy and file the original with the court clerk right away. It must be filed within 48 hours from when you were served with the restraining order. There is no fee to file this form.
You can file your form at the courthouse listed on the court papers that you got from the other side (for example, the court is listed at page 1 on form WV-109).
At the courthouse, you’ll file the forms by giving the original and your copy to the court clerk. The clerk will keep the original, stamp your copy, and return the copy to you for your records.
Some courts have a drop box that you can use. A drop box may be located inside or outside the courthouse. If you put your court papers in a drop box make sure include the original plus two copies, and use an envelope or rubber band to keep all your papers together. If you use a drop box, you will still have to return to the courthouse to pick up your court papers.
Using a drop box may not be the fastest way to get your papers reviewed by a judge. If you need your papers right away, take your forms to a court clerk.
Some courts allow online filing. You can find out if your court has online filing by visiting your court’s website.
Get information about different steps in the restraining order process for the restrained person.