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Thread: Open Carry.org has incorrect information regarding WV

  1. #1
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    Open Carry.org has incorrect information regarding WV

    There are several inaccuracies on this page:

    http://www.opencarry.org/?page_id=314

    Specifically:

    Preemption Complete State Preemption of All Firearm Laws except those ordinances that were in effect at the time preemption was passed.
    NOTE: Almost all states allow local regulation of the discharge of firearms.


    This is no longer true. With the passage of SB317 last year, all grandfathered ordinances are pre-empted. There are additional restrictions a city or municipality can enact with regards to events that are held in open spaces. This section needs removed until it has been corrected.

    Open Car Carry You may open carry in a vehicle except guns configured for hunting.

    This is also incorrect.
    http://www.legis.state.wv.us/wvcode/...2&section=5#02 20-2-5 specifically forbids carrying in a vehicle.

    An exemption to 20-2-5 can be found in 20-2-6a which specifically states one must possess a concealed handgun license to carry a loaded self-defense firearm in a vehicle. http://www.legis.state.wv.us/wvcode/...&section=6A#02

    Furthermore, there is a State Supreme Court case that reaffirms the restriction against carrying in a vehicle. http://caselaw.findlaw.com/wv-suprem...s/1185303.html

    In 1996 a man was pulled over, a .22 caliber pistol was found in the vehicle. He was charged and found guilty under 20-2-5, he appealed it stating his Constitutional rights had been infringed by 20-2-5. The State Supreme Court found that the restriction on carrying a loaded firearm in a vehicle did not violate the state Constitution.

    The bottom line is that the information on OCDO is incorrect, and there are people who are quoting it as being accurate.

    Who specifically can I contact to have this incorrect information removed until the correct information can be put up?

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Forwarding the above information with link to this thread to the adminstration.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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  3. #3
    Campaign Veteran MAC702's Avatar
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    While you're at it, Grapeshot, please remind them of the severe inaccuracies we've been complaining about for over a year on the Nevada page.
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  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Consider it done - as I understand it, this is a work in progress.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
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    Thanks Grapeshot.

  6. #6
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    Not trying to stir the pot here...but the references to the WV code given here apply to Natural Resources/DNR. Yes i know it mentions unconcealed carry in a vehicle but it's still in the context of DNR regs. For example "long barreled handgun" and the legal time frames given, which of course again applies to DNR regs.
    While not actual WV Code it does say on the WV State Police website(FAQ), and with specific reference to,what is legal
    regarding open and concealed carry in a vehicle. That said....

    In a real life scenario, i'd hate to try to calm an alerted officer from any branch after seeing an openly viewed handgun in a vehicle. Avoiding this scenario causes one to opt for the permit. Pennsylvania accomplishes this(forcing you to apply for a permit) by not allowing open vehicle carry.
    If i was in a situation where i was charged with open vehicle carry, i would surely challenge by referencing the WV State Police website.

    I'm not a lawyer,
    Last edited by Maverick; 04-09-2015 at 02:15 AM.

  7. #7
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by Maverick View Post
    Not trying to stir the pot here...but the references to the WV code given here apply to Natural Resources/DNR. Yes i know it mentions unconcealed carry in a vehicle but it's still in the context of DNR regs. For example "long barreled handgun" and the legal time frames given, which of course again applies to DNR regs.
    While not actual WV Code it does say on the WV State Police website(FAQ), and with specific reference to,what is legal
    regarding open and concealed carry in a vehicle. That said....

    In a real life scenario, i'd hate to try to calm an alerted officer from any branch after seeing an openly viewed handgun in a vehicle. Avoiding this scenario causes one to opt for the permit. Pennsylvania accomplishes this(forcing you to apply for a permit) by not allowing open vehicle carry.
    If i was in a situation where i was charged with open vehicle carry, i would surely challenge by referencing the WV State Police website.

    I'm not a lawyer,
    You're not stirring the pot but your statements are baseless. You use the term "DNR regs" as if it was not law. The OP is quite correct. In any case I doubt the potential success of the "I saw it on the WVSP website" legal defense.
    "I support the ban on assault weapons" - Donald Trump

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  8. #8
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    There is no such thing as "DNR Regs" there is the state code, period. Any LEO can enforce ANY portion of the state code. It doesn't matter if you are in downtown Charleston or the middle of the forest.

    I'd be interested in seeing the qualifications of a lawyer who used the "But I saw it on teh internets" defense.

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