West Virginia Gun Laws & Firearms Safety Practice Exam

Can a person be charged for not safely storing a firearm away from children in West Virginia?

1. Yes, in all cases

2. No

3. Yes, if the child uses the firearm

4. Yes, but only if the child causes harm

The correct answer is: Yes, if the child uses the firearm

In West Virginia, a person can be held legally accountable for improperly storing a firearm away from children, particularly if the child gains access to the firearm and subsequently uses it in a manner that could result in injury or harm. This legal framework emphasizes the responsibility of firearm owners to secure their weapons, especially in households with minors, to prevent unauthorized access. If a child gains access to a firearm, it poses a significant risk, and this context can lead to criminal liability for the firearm owner. The heightened duty of care becomes particularly relevant when assessing the consequences of a child's action with the firearm. By establishing that the firearm owner can be charged when a child uses the firearm, the law focuses on promoting safety and preventing tragedies that arise from negligent storage practices. Other options do not capture the nuance of the law, as the responsibility to safely store firearms is contextual, focusing on the implications of access and use by a child rather than solely on whether the firearm was accessible.