West Virginia2026Enacted

HB4169

Rules for Regaining Firearm Rights After Mental Health Issues

Last scannedAug 22, 2026, 11:08 AM

In one sentence

This law sets new rules and professional requirements for people in West Virginia who want to ask a circuit court to restore their right to own firearms after being banned due to mental health reasons.

Requires petitioners to list all past mental health treatment facilities when asking the court to regain firearm rights.
Mandates that petitioners sign an authorization allowing prosecutors to see their mental health records.
Updates who can perform a required mental health exam, adding licensed counselors, social workers, nurse practitioners with psychiatric certification, and physician assistants if they have special training approved by a judge order.
Requires the court to review criminal history, character witnesses, and past circumstances before deciding on the petition.
Orders county clerks to send copies of approval orders to state police so federal background check systems can be updated.

People in West Virginia banned from owning guns due to a mental health court ruling or involuntary hospitalization that occurred in the state.
Circuit courts that hear petitions to restore firearm rights.
Mental health professionals who perform examinations for these legal cases, including physicians and specific non-physician providers with court approval.
Prosecuting attorneys and state police agencies involved in background checks.

The law only applies to cases where the original ban happened in West Virginia.
Non-physician professionals can only perform exams if a judge specifically orders them based on their special expertise.
All documents filed with the court are confidential and cannot be seen by the public.

Plain language

Petition: A formal written request to a circuit court asking for the right to possess firearms again.
Involuntary commitment: When a person is placed in a mental health facility against their will by order of a court or official under state law.
Verified certificate: An official document signed by a qualified professional stating the petitioner's current mental state and safety risk level within 30 days of filing.

Official record

Validated

Relating to mental health examination requirements.

Official activity