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View Full Version : 2nd amendment news from W.VA


vantec08
01-25-2011, 4:48 AM
http://www.wvgazette.com/News/201101240608

Patrick-2
01-25-2011, 6:23 AM
Members of the West Virginia Citizens Defense League filed a civil complaint in U.S. District Court on Monday challenging handgun laws in the three Kanawha County cities. Attorney Jim Mullins, who filed the complaint, alleges the cities' laws violate the U.S. Constitution's Second Amendment right for citizens to keep and bear arms.

All three cities ban the carrying of handguns on city property. Charleston also has a city ordinance requiring a three-day waiting period before someone can buy a gun within city limits, and limits gun purchases to one per month.
Keep in mind WV is in the Fourth Circuit, home of the recent Chester opinion.

I haven't found the complaint yet, but it looks like they are challenging waiting periods and one-per-month limits. Success here would affect MD if it gets to the Circuit Level.

Charleston Mayor Danny Jones was standing beside Charleston's ordinances.

"If it's illegal for us to do it [ban guns on city property], then it's illegal for the state Capitol to do it, it's illegal for the county courts and it's illegal for the federal courts to do it," Jones said. "I think we should be able to restrict firearms on our own property."
He cannot see the difference between a court house and a city parking garage. Education is going to happen slowly, one court case at a time.

wchutt
01-25-2011, 6:30 AM
Don't you love the mind set of the Mayor, just like here in Cali,
Jones said. "I think we should be able to restrict firearms on our own property."
Mayor, its the people's property, you are a servant to the public...

SanPedroShooter
01-25-2011, 6:30 AM
defintion of "senstive places" again? I thought SCOTUS gave us direction about what was and what was not a sensitive place?

krucam
01-25-2011, 7:13 AM
defintion of "senstive places" again? I thought SCOTUS gave us direction about what was and what was not a sensitive place?

http://www.scotusblog.com/wp-content/uploads/2008/06/07-290.pdf
Pg 57/157
Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be
taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or
laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings, or laws imposing
conditions and qualifications on the commercial sale of arms.26

J.D.Allen
01-25-2011, 8:18 AM
It would seem the city property thing would be a loser. Waiting periods and rationing? We shall see...

Patrick-2
01-25-2011, 9:56 AM
It would seem the city property thing would be a loser. Waiting periods and rationing? We shall see...

Depends on the property and how far SCOTUS will go in letting the government define a "sensitive" place.

Is a jail a sensitive place?

How about a criminal court?

Community or State College Campus?

High School?

City Park?

City Parking Garage?

City Streets?


All of these are governmental entities with some form of "governmental ownership" attached. All happen to actually belong to the people.

Sensitive places - to me - are places where a compelling needs exists to temporarily disenfranchise a right for the protection of the whole. BUT, in doing so, it also transfers the burden of protection from the individual to the state. That means if you have your ability to defend yourself removed, it requires a compensating move by the government. Not police at the end of a 911 call, but real active protection. This means guards with guns and scanners protecting the entire group, not just a subset (official, judges) of it.

And it also implies a responsibility to protect. We all know the state is not obliged to protect you (you cannot sue if they fail to try). But removing my ability to defend myself means that they need to step up. With authority comes responsibility. If they fail to act, there has to be real consequences.

J.D.Allen
01-25-2011, 10:03 AM
Depends on the property and how far SCOTUS will go in letting the government define a "sensitive" place.

Is a jail a sensitive place?

How about a criminal court?

Community or State College Campus?

High School?

City Park?

City Parking Garage?

City Streets?


All of these are governmental entities with some form of "governmental ownership" attached. All happen to actually belong to the people.

Sensitive places - to me - are places where a compelling needs exists to temporarily disenfranchise a right for the protection of the whole. BUT, in doing so, it also transfers the burden of protection from the individual to the state. That means if you have your ability to defend yourself removed, it requires a compensating move by the government. Not police at the end of a 911 call, but real active protection. This means guards with guns and scanners protecting the entire group, not just a subset (official, judges) of it.

And it also implies a responsibility to protect. We all know the state is not obliged to protect you (you cannot sue if they fail to try). But removing my ability to defend myself means that they need to step up. With authority comes responsibility. If they fail to act, there has to be real consequences.

I totally agree with you. I work for the state courts. They of course don't allow weapons inside the buildings but to me it's OK because they have metal detectors and x-ray machines with screeners at every entrance, and armed security all over the place. To me it doesn't matter where it is, if there's no screening coming in and no armed security already present to safeguard the public, then no guns is a no go. But will the court see it that way???

Gray Peterson
01-25-2011, 10:20 AM
I'm willing to bet these were filed purely due to Chester.

rromeo
01-25-2011, 10:38 AM
I can't carry in the county courthouse or city offices, but I can in the capital and general assembly.