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Press Release

Dunbar man sentenced for being a prohibited person in possession of a firearm

For Immediate Release
U.S. Attorney's Office, Southern District of West Virginia

Prohibited Person Status as Due to Two Prior Domestic Violence Convictions

CHARLESTON, W.Va. -- A Dunbar, West Virginia man was sentenced to 18 months in prison, announced United States Attorney Mike Stuart. Brian M. Oliver, 22, previously pled guilty on December 17, 2018, to the felony offense of being a prohibited person in possession of a firearm.  Oliver also agreed to the forfeiture of the gun.   Stuart praised the work of the Dunbar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Domestic violence is an insidious, diabolical force in society that must be rooted out at every level,” said United States Attorney Mike Stuart.  “Those folks that are domestic batterers have lost their right and privilege to possess a firearm.  There’s no greater champion of the Second Amendment than me but the thugs that beat and whip and abuse those weaker than them should never be near a firearm.”

On April 29, 2018, Dunbar Police Officers stopped a truck for a traffic infraction.  Oliver was a passenger in the truck.  During the course of the traffic stop, Oliver admitted to officers that he had a firearm on his person.  Dunbar officers subsequently patted down Oliver and recovered an Iver Johnson .22 caliber pistol in his front pants pocket.  Record checks revealed Oliver had been convicted of the misdemeanor offense of Domestic Battery in Kanawha County Magistrate Court in January 2017, and also of Second Offense Domestic Battery in March 2017.   As a result of these convictions, Oliver is prohibited from carrying a firearm.  Oliver admitted to the Dunbar police officers that he possessed the firearm and was not supposed to do so.  The ATF traced the gun, revealing that it had traveled in interstate commerce as it was not manufactured in West Virginia.

Assistant United States Attorney Erik S. Goes is handling the prosecution. The hearing was held before United States District Judge Joseph R. Goodwin.


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Updated March 13, 2019

Firearms Offenses