Ohio County Man Pleads Guilty to Illegal Firearm Possession

Mark A. Simmons, 46, of Wheeling Island, West Virginia, has pleaded guilty to illegally possessing a firearm, a charge stemming from a November 2016 incident in Ohio County. The conviction marks another strike for a man already burdened by a felony record, this time for “Failure to Register or Provide Notice of Registration” out of Marshall County.

Simmons admitted to handling and possessing a Beretta pistol despite being legally barred from owning or controlling any firearms due to his prior felony conviction. Federal law strictly prohibits felons from possessing weapons, and violations carry severe penalties—up to ten years in federal prison and a $250,000 fine.

Acting United States Attorney Betsy Steinfeld Jividen confirmed the guilty plea, underscoring the federal government’s relentless scrutiny of repeat offenders with access to firearms. “Individuals with felony convictions who choose to possess guns endanger public safety and will be prosecuted to the fullest extent of the law,” Jividen stated.

The investigation was led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in coordination with the Wheeling Police Department. Their joint efforts uncovered evidence of Simmons’ possession, leading to federal charges and the eventual guilty plea in U.S. District Court.

Assistant U.S. Attorney Stephen L. Vogrin handled the prosecution. Senior U.S. District Judge Frederick P. Stamp, Jr. presided over the proceedings and will determine the final sentence. Under the Federal Sentencing Guidelines, the court will weigh the seriousness of the offense and Simmons’ criminal history before imposing a sentence.

Simmons now awaits sentencing, a date to be set by the court. If given the maximum penalty, he could spend a decade behind bars—time added onto a record already stained by past violations. For now, the message is clear: in West Virginia and across federal jurisdictions, illegal firearm possession by felons won’t go unnoticed or unpunished.

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