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Thread: SB 317 signed-preemption

  1. #1
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    SB 317 signed-preemption

    With SB 317 now law, are the OC bans of Charleston, Dunbar and Princeton now illegal?

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    press1280:

    Pursuant to The Enrolled Public Act of Senate Bill 317 by The West Virginia Legislature, as Signed into Law by Governor Tomblin, The Amended Provisions of West Virginia Code Section 8-12-5a(a) Preempt and Preclude Municipalities from Regulating: '...The Carry[ing] of any Revolver, Pistol, Rifle, or Shotgun'.

    As a Result, a Municipality may no longer Prohibit Open Carry of a Firearm within its' Jurisdictional Limits.

    HOWEVER, a Municipality may Prohibit or Regulate: 1.The Possession of a Firearm Actually INSIDE its' Municipal Buildings, under W.V.C. 8-12-5a(c)(1), 2. The Possession of a Firearm WITHIN its' Municipal Recreational Centers Pursuant to W.V.C. 8-12-5a(c)(2), or 3. Actually AT that Portion of a Area where an Event is then Occurring on Public Property for not more than 14 Days under W.V.C. 8-12-5a(h)(2).

    PROVIDED FURTHER, that in The Case of The Exceptions Listed under 2. and 3., above, it is a Defense to any Local Ordinance Violation that The Possessor was a Person to Whom a Valid Concealed Handgun License had been Issued. But, in The Case of 2., a Person must Store it in a Locker.

    If You are in Legal Possession of a Firearm and You happen to Enter a Building which is Owned by a Municipality or Enter inside The Portion of Event Hosted by a Municipality where Firearms are then Legally Prohibited by Municipal Decree Pursuant to The Exceptions 1. through 3. Outlined above, The Municipality must, Prior to Arrest, Afford that Person an Opportunity to Voluntarily Leave The Building or Event, IF: When Asked to Leave, You Leave, OR You Voluntary Surrender Your Firearm for Storage.

    It Follows that:
    On Private Property, Open Carry will be Legal and Preempted so as long as The Rightful Owner of Property chooses to Allow Open Carry.
    On Public Property where no Event is taking Place, Open Carry will be Legal and Preempted.
    On Public Property where an Event is taking Place, Open Carry may or may not be Legal Depending on Local Ordinance, however; if You have a Valid Concealed Handgun License You will be Exempt from any Restriction.
    Inside Public Buildings, Open Carry may or may not be Legal, Depending on Local Ordinance, but Concealed Carry will be Legal nevertheless in Publically-Owned Recreational Facilities, provided; that You Store The Firearm in a Locker when not in Use.

    W.V.C. 8-12-5a(f) of Senate Bill 317 Awards a Person with Reasonable Attorneys Fees, Costs, and other Damages under Action Pursuant to Chapter 53 of West Virginia State Law, most likely under Article 5 of that Chapter.

    aardvark

    *** NOTE: Nothing under This Bill Changes West Virginia State Law 61-7-11 OR 61-7-12, regarding Illegally Brandishing a Firearm or Wanton Endangerment through The Misuse of a Firearm in a Reckless Manner. Where Open Carry under West Virginia State Law, which is Legal, becomes Brandishing, under Section 11 of that Article of that Chapter, is Unclear. You may want to Consult Case Law on that Matter. If I find any, I will Share it with You. ***
    Last edited by aadvark; 03-29-2014 at 12:54 PM.

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    Is it safe to say WV should get gold star OC state status back? The minor exceptions in the bill shouldn't stop that, at least from my knowlege.

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    Quote Originally Posted by press1280 View Post
    Is it safe to say WV should get gold star OC state status back? The minor exceptions in the bill shouldn't stop that, at least from my knowlege.
    Yes, I think WV lost its Gold Star status due to some court case some years ago arguably upholding local open carry bans - is there any other issue, e.g., open carrying in vehicles driving thru forests/game lands that would weigh against this?

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    Quote Originally Posted by Mike View Post
    Yes, I think WV lost its Gold Star status due to some court case some years ago arguably upholding local open carry bans - is there any other issue, e.g., open carrying in vehicles driving thru forests/game lands that would weigh against this?
    http://www.wvdnr.gov/hunting/Regs131...nting_Regs.pdf

    I do see references to needing a carry permit for loaded possession on hunting grounds (when not hunting) and in vehicles. I'm not sure if there are other bills passed recently that may remedy this.

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    http://www.legis.state.wv.us/Bill_St...sessiontype=RS

    4431 will make it okay to OC in the woods without a permit, but unfortunately does not address vehicle carry or loaded rifle magazines in a vehicle. Cleaning that up is a top priority next year.

  7. #7
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    Quote Originally Posted by press1280 View Post
    Is it safe to say WV should get gold star OC state status back? The minor exceptions in the bill shouldn't stop that, at least from my knowlege.
    IMO, think there is likely gold in them thar there hills
    Last edited by Grapeshot; 03-31-2014 at 10:26 AM.
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