(b) Whoever violates § 545.04 shall be fined not more than $1,000 or imprisoned not more than 30 days, or both.
(c) Notwithstanding the provisions of division (a) of this section, any person:
(1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense; or
(2) Who has been convicted in this state or any other jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in W. Va. Code 60A-2-204, 60A-2-205, and 60A-2-206, and who possesses a firearm as such is defined in § 545.01 shall be guilty of a felony and shall be prosecuted under appropriate state law. The provisions of § 545.04(b) shall not apply to persons convicted of offenses referred to in this division (c) or to persons convicted of a violation of this division (c).
(W. Va. Code 61-7-7)