Mark A. Simmons Charged with Illegal Firearm Possession

Mark A. Simmons, 46, of Wheeling Island, Ohio County, is facing federal charges for illegally possessing a firearm in November 2016. The indictment unsealed this week alleges Simmons was in unlawful possession of a Beretta pistol—a violation of federal law due to his prior felony conviction.

Simmons was previously convicted in Marshall County on the felony charge of “Failure to Register or Provide Notice of Registration.” That conviction strips him of the legal right to possess firearms under federal law, making his alleged possession of the Beretta a serious federal offense.

He now faces up to ten years in federal prison and a fine of $250,000. Prosecutors stress that while the maximum penalty looms, the actual sentence—if Simmons is convicted—will be determined under the Federal Sentencing Guidelines, weighing the severity of the offense and his criminal history.

Assistant U.S. Attorney Stephen L. Vogrin is leading the prosecution on behalf of the government. The case emerged from a joint investigation conducted by the Wheeling Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), highlighting continued pressure on illegal gun possession in West Virginia.

Authorities have not disclosed the exact circumstances leading to the discovery of the firearm but sources confirm the investigation involved surveillance and forensic follow-up after a tip was received. The Beretta was reportedly recovered during a targeted search tied to unrelated local criminal activity.

An indictment is merely an accusation. Mark A. Simmons is presumed innocent unless and until proven guilty in a court of law.