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A step in the right direction

press1280

Regular Member
Joined
Sep 10, 2008
Messages
399
Location
Eastern Panhandle,WV ,
HB2471: Speaker Rick Thompson's bill prevents firearms or ammunition confiscations during a time of emergency
HB2866: Delegate Bill Hamilton's bill makes a change to the 500 foot rule. This bill makes an exception for your own property, as long as no one else's house or structure is within 500 feet of you.
HB2431: Delegate Rupie Phillips bill cleans up the CCW process, and allows for people with old and expunged disqualifying convictions a path to restoring their Second Amendment rights.
SB369: Senator John Unger's bill makes it legal for the Attorney General to enter into a concealed carry reciprocity agreement with any state that is willing to sign
SB435: This bill has a long and twisting story. This bill originally started life as Herb Snyder's home rule bill. But as most of us know, Delegate Rupie Phillips introduced HB2760 which is statewide preemption.

It is refreshing to know that in the face of our near neighbors such as NY we in WV are moving in the right direction. These bills have been passed by our legislature and are awaiting the governor's signature.

One thing I notice with SB435 is this :

- Home rule cities may enact carry bans on city hall and municipal courts.

- Home rule cities may prohibit open carry on city parks and other city property, but they MAY NOT prohibit concealed carry with a permit.

So, the city owned property ban in grandfathered under the old bill still stands it is just that CC holders may now carry on parks and other city property but OC is still prohibited. And the grandfather clause is gone so other cities can enact similar laws now too? This is how I read it.

- Home rule cities may not restrict how many, or how often you can buy firearms

So, in Charleston the 72hr wait and the registration form filed with Charleston PD is still valid? But not the 1 per month limit? Can other cities now enact waiting periods and registrations? This seems to be a two step forward one back kind of thing. Any of you who are well versed in this can explain further? If I read this correctly it has the potential to make our state more complicated as we now need to decide Is my city a member of home rule and if so do they restrict?

I'm not sure about the bill you're referring to but I'm happy about the Unger bill. The reciprocity scheme before had handcuffed us into not getting as many states as we could. There's no reason we shouldn't have reciprocity will all other states that will allow it. Correct me if I'm wrong, but we should be able to get reciprocity with all states now(who have reciprocity) EXCEPT Washington, because they require fingerprints?
 

ArmedSociety

Regular Member
Joined
May 31, 2011
Messages
58
Location
WV
Home rule cities will no longer be able to restrict firearms sales at all. This definitely applies to the waiting period, AFAIK the registration form too.

As for the grandfathering, remember this bill only applies to cities in the home rule program. If they're not in the program, nothing changes. As before, they can't make new gun restrictions, but any old restrictions still remain...

Well, maybe until next legislative session. :)
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Because a right does not need to voted upon ... if they wished to get rid of the gobbly-gook and just say "Hey, you violate someone's right and you'll have to pay fees and costs". then I would be OK with it....
 

press1280

Regular Member
Joined
Sep 10, 2008
Messages
399
Location
Eastern Panhandle,WV ,
Home rule cities will no longer be able to restrict firearms sales at all. This definitely applies to the waiting period, AFAIK the registration form too.

As for the grandfathering, remember this bill only applies to cities in the home rule program. If they're not in the program, nothing changes. As before, they can't make new gun restrictions, but any old restrictions still remain...

Well, maybe until next legislative session. :)

Will the OC bans in Charleston, Dunbar, and (forgot the other) be gone?
 

ArmedSociety

Regular Member
Joined
May 31, 2011
Messages
58
Location
WV
Martinsburg and South Charleston were the other cities

Because the preemption bill was attached to the home rule bill, if a city is in the home rule program, they can ban OC only on city property only. If they are NOT part of home rule, their grandfathered gun laws still stand.

Charleston is part of the home rule program and likely to renew, and plenty of other cities are considering applying.

Expanding the preemption bill to the whole state will be a WVCDL legislative priority next session.
 
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