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Thread: complete list of municipalities/towns where grandfathered OC prohibitions exist?

  1. #1
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    do we have a complete list yet?

    i'm driving through WV this week and will OC in the car, even though I have CCW's up the wazoo (just not ones that WV will recognize).

    i think i'm okay as long i stay in the car, but would like to know before i step out and gas up, drain the lizard, etc.

    thanks.

    -****

  2. #2
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    *Bump*

    Even if you don't have a "complete" list, it would be very useful to post any known cities with grandfathered statutes.

    MANY THANKS!

    Tim

  3. #3
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    I'M FROM WV AND I DRIVE AROUND WITH MY GUN STICKING OUT BETWEENTHE SEATS IN MY TRUCK, AND CARRY OUT IN THE OPEN WHEN RIDING MY HORSE ANDWHEN IGOFOR WALKS. THE LAW NEVER SAYS ANYTHING TO ME.I ACTUALLY HAD A COP TELL ME HE WISHED EVERYONE DID THAT. I HAVE A CONCEALED PERMIT BUT THEY HAVE NEVER ASKED FOR IT. I THINK YOUR O.K. AS LONG AS ITS OUT WHERE THEY CAN SEE IT. WERE PRETTY LAID BACK AROUND HERE. HAVE A GOOD TRIP.

  4. #4
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    To my knowledge, the only cities in West Virginia with grandfathered ordinances (the state preemption law grandfathers pre June ?, 1999, municipal ordinances)are Charleston and Dunbar, both of which have old ordinances that duplicate the state law in effect prior to 1988.

    The Supreme Court of Appeals declared the state license to carry law unconstitutional in State ex re. City of Princeton v. Buckner, 377 S.E.2d 139, 180 W.Va. 457 (1988). I cannot give legal advice, but I believe that if either of these ordinances were enforced, they would be similarly voided.

    The Charleson City Code is available online. It contains two main sets of grandfathered weapons ordinances:

    1. Chapter 18, Article XI, is a handgun dealer regulation ordinance that imposes duplicate paperwork, a 3-day waiting period, and a one-handgun-per-month purchase limit.
    2. Chapter 78, Article III, Division 2, contains a number of weapons ordinances, including the license to carry section and other sections banning carrying on city property and certain other places.
    Every ordinance in these two parts of the Charleston City Code is grandfathered under W.Va. Code§ 8-12-5a (the county preemption language is contained in§ 7-1-3).

    The bigger problem people who OC in a vehicle face is W.Va. Code § 20-2-5(9), a hunting law that is frequently abused--primarily by the Division of Natural Resources, although all law-enforcement agencies have concurrent power to enforce it.

    There is substantial confusion over how numerous firearm regulations under West Virginia’s hunting laws apply to handguns carried for self-defense purposes. For an example of this confusion, compare the conflicting statements of the State Police (open carry in a vehicle is legal) with the Division of Natural Resources (loaded firearms in vehicles illegal except concealed handguns carried with concealed handgun license). Although there is some public perception that these regulations are subject to an interpretation that they somehow only apply to guns configured by hunting, that perception is without clear support in either the statute or case law.

    In a case whose underlying facts were not well-presented by the court's opinions, the Supreme Court of Appeals gave such a sweeping endorsement of what is now § 20-2-5(9) in State ex rel. West Virginia Div. of Nat. Resources v. Cline, 200 W.Va. 101, 488 S.E.2d 376 (1997) (slip opinions: majority | dissent),that there seems little wiggle room without legislation. In the words of dissenting Justice Elliott Maynard, “leaves the right to keep and bear arms in an extremely vague and contradictory state.” This decision resulted in utter chaos for CHL holders for the nearly 5 years it took the Legislature to enact W.Va. Code §20-2-6a in 2002. W.Va. Code § 20-2-6a, enacted in 2002,provides relief for people who are legally carrying a concealed handgun, but it is written in a way to exclude OC, even if you have a CHL. In light of the sweeping endorsement the court gave to the what is now § 20-2-5(9) in 1997, I would not take that chance.

    WVCDL is seeking legislation to revise numerous firearms provisions of the hunting laws to clarify an individual's right to carry, whether you have a CHL and carry concealed or want to exercise our right to OC. We wrote 2008 SB 319 and are working to further improve it and have the updated bill introduced again next year. We are also working on a stronger state preemption law (the 2008 version was SB 732, which, like SB 319, will be improved and reintroduced next year) that will, among other things, wipe out the grandfathered ordinances and bring state agencies under preemption.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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