Mike
Site Co-Founder
imported post
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OpenCarry.org Press Release – 15 April 2007
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OpenCarry.org regrets this announcement but it must be made - we have determined that there are grandfathered open carry bans on the books in Charleston, Dunbar, and possibly other unknown localities.
It is of course arguable, and frankly likely, that these few local open carry bans are invalid as unconstitutionally violative of Article III, Section 22 of the West Virginia Constitution[1] as construed by the West Virginia Supreme Court in State ex rel. City of Princeton v. Buckner, 377 S.E.2d 139 (W.Va. 1988) (striking down West Virginia's statute requiring a license to carry any weapon as an overbroad regulation of arms not permitted under Article III, Section 22 of the West Virginia Constitution).
Subsequent to State ex rel. City of Princeton v. Buckner, the West Virginia legislature enacted a new gun carry license law that only required licenses to “conceal carry” handguns. This is the majority statutory rule across the United States.
But OpenCarry.org has no crystal ball which predicts how a court would likely rule. Accordingly, as it is ambiguous if a citizen may lawfully open carry in localities like Charleston and Dunbar with grandfathered open carry bans not yet explicitly struck down by a court of law, West Virginia will now be categorized as an anomalous open carry state.
We urge the legislature to clear the air and enact full preemption of local gun control as a matter of statutory law – and regain West Virginia’s Gold Star Open Carry state status!
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Contact anytime on gun stories:
Mike Stollenwerk/John Pierce
[url]http://www.OpenCarry.org[/url]
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[1] Article III, Section 22 of the West Virginia Constitution provides in full that “A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.”
**************************************
OpenCarry.org Press Release – 15 April 2007
**************************************
OpenCarry.org regrets this announcement but it must be made - we have determined that there are grandfathered open carry bans on the books in Charleston, Dunbar, and possibly other unknown localities.
It is of course arguable, and frankly likely, that these few local open carry bans are invalid as unconstitutionally violative of Article III, Section 22 of the West Virginia Constitution[1] as construed by the West Virginia Supreme Court in State ex rel. City of Princeton v. Buckner, 377 S.E.2d 139 (W.Va. 1988) (striking down West Virginia's statute requiring a license to carry any weapon as an overbroad regulation of arms not permitted under Article III, Section 22 of the West Virginia Constitution).
Subsequent to State ex rel. City of Princeton v. Buckner, the West Virginia legislature enacted a new gun carry license law that only required licenses to “conceal carry” handguns. This is the majority statutory rule across the United States.
But OpenCarry.org has no crystal ball which predicts how a court would likely rule. Accordingly, as it is ambiguous if a citizen may lawfully open carry in localities like Charleston and Dunbar with grandfathered open carry bans not yet explicitly struck down by a court of law, West Virginia will now be categorized as an anomalous open carry state.
We urge the legislature to clear the air and enact full preemption of local gun control as a matter of statutory law – and regain West Virginia’s Gold Star Open Carry state status!
##########################
Contact anytime on gun stories:
Mike Stollenwerk/John Pierce
[url]http://www.OpenCarry.org[/url]
##########################
[1] Article III, Section 22 of the West Virginia Constitution provides in full that “A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.”