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  1. #1
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    Thought I would stop in and say hi.I'm new to the forum and live in Charlestown,Ranson area of West Virginia.If any body is close give me a shout we will have a open carry lunch or dinner:celebrate

  2. #2
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    traylor, welcome to OCDO! Have you OC'ed before?

  3. #3
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    just got back from a oc trip to shell station,carquest,homedepot went great and even informed a gentleman that open carry was legal in wv

  4. #4
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    I doubt that you will see very many people OC in that part of WV.

  5. #5
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    I am over on the mountain outside of Harpers Ferry. Give me a shout and see about a lunch or dinner sometime. Open carry mostly in VA. since majority of my time is spent there.

  6. #6
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    Ever OC at the race track? My father loves the races, and during to Maryland next week, we'll probably venture your way to donate our next paychecks. :-)

  7. #7
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    timf343 wrote:
    Ever OC at the race track? My father loves the races, and during to Maryland next week, we'll probably venture your way to donate our next paychecks. :-)
    West Virginia's tracks are all posted. The signs have no legal weight unless you are confronted about the violation and refuse to either temporarily disarm or leave. We prevented passage of a bill during the last legislative session that would have enacted a track carry ban in state law.

    However, since Nevada won't recognize our concealed handgun licenses, our states do not have reciprocity. West Virginia's reciprocity law is limited to resident licenses of reciprocal states.
    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

  8. #8
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    the legal weight of a sign is still up for debate. I disagree with WVCDL's point of view on that matter. there is a topic on the subject



    http://opencarry.mywowbb.com/forum56/7531.html

  9. #9
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    wvguy wrote:
    the legal weight of a sign is still up for debate. I disagree with WVCDL's point of view on that matter. there is a topic on the subject



    http://opencarry.mywowbb.com/forum56/7531.html
    All I have previously said on this point is:
    W.Va. Code §61-7-14 allows notice to be given in any form. However, "no guns" signs or verbal orders, which are rare in this state, do not carry the weight of law. Rather, if you are caught violating the gun ban, you must leave the premises or disarm. However, the "opportunity cure" does not apply to an employer's ability to fire an employee or a state institution of higher education'sability to expel a student.
    Someone else quoted me and then said he thought signs had "no weight."

    In some states, such as Ohio, a person can be criminally prosecuted for violating one of these signs without being given an opportunity to cure the violation by leaving the premises (that is what I mean when I refer to a sign as "carry[ing] the weight of law"). In West Virginia, a person cannot be convicted without an "opportunity to cure." However, there is no legal requirement that an opportunity to cure be given before the property owner take some other form of adverse action, such as firing an employee or expelling a student, for violating a posted gun ban.

    Since we are on topic, the proposed casino ban I referred to in my prior post in this thread would have enacted a Lottery Commission rule that would have banned weapons in the casino area of a track. Click here (you may want to copy the link and manually open it in your media player for better results) to hear my testimony and Q&A at the committee hearing. Although no one could produce for us or legislators a definite answer as to what criminal penalty, if any, a track visitor who violated the carry ban could face, the proposed rule that we defeated would have given the tracks' gun ban signs legal weight.

    Because we defeated the proposed casino carry ban, someone with a concealed handgun license who does not work at the casino (which could fire that person if he or she was an employee) can still carry concealed with relative impunity notwithstanding the signs. All the track can do, if they ever discover you carrying in violation of their signs, is ask you to leave; they cannot legally detain you, call the police, and insist that you be arrested or otherwise prosecute you. The same is true in Nevada.
    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

  10. #10
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    §61-7-14. Right of certain persons to limit possession of firearms on premises.
    Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under his or her domain: Provided, That for purposes of this section "person" means an individual or any entity which may acquire title to real property.
    Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail not more than six months, or both: Provided, That the provisions of this section shall not apply to those persons set forth in subsections (3) through (6) of section six of this code while such persons are acting in an official capacity: Provided, however, That under no circumstances may any person possess or carry or cause the possession or carrying of any firearm or other deadly weapon on the premises of any primary or secondary educational facility in this state unless such person is a law-enforcement officer or he or she has the express written permission of the county school superintendent.

    That is the Code in question.

    In West Virginia, a person cannot be convicted without an "opportunity to cure."
    Your Opportunity to cure is at the point where the sign is posted, You can leave as advised.

    I believe If there is a sign posted saying weapons are prohibited, it is the same as someone who has care and custody of the property / premises telling you to leave or do not enter while armed, If you continue to enter the premises / property while armed you have violated 61-7-14 by refusing to leave.

    I don't know many people who have an extra $1000 and/or 6 months to give up testing whether or not they can call the police and file a criminal complaint for ignoring their signage. Also remember If convicted of this you can lose your CC permit and forever be denied one in the future. Its all up to the county sheriff.

    Once again, don't get me wrongIDO NOTsupport weapons being prohibited in any PUBLIC location. but I do support a persons rightto prohibit weapons in his/herPRIVATE residence and property and I believe that 61-7-14 should be rewritten to reflect this.

  11. #11
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    Very easy to get around that:

    "what sign?, I didnt see any sign"

  12. #12
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    Aluminum wrote:
    Very easy to get around that:

    "what sign?, I didnt see any sign"

    Very True.. With no Regulation on the size, shape, color, design, Languageor placement it would be easy to miss a small notation on a door filled with signs and advertisements


    Our local mall has one by most doors but they look like an advisement for the mall itself so if you didn't stop and read every little thing you could easily miss it.

    The Folks at WVCDL have been doing a great jobworking onthe laws and Billsdealing withweapons in WV.Hopefully they will be able to address the Sign issue at some point

  13. #13
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    Hi guys! I'm also new to the site. I found it in the latest WVCDL alert about the proposed Ranson gun ban. I was at the Ranson City Council meeting last night, and spoke at the meeting. If anyone else was there, you may remember a couple seated on the right with a three year old little girl. That was me and my husband. We also run a 07/02 and gunsmithing business in Inwood.


    EFI, LLC - 07/C2 in Inwood, WV
    Custom firearms, gunsmithing, machine gun rentals, and it's just $10 for a Transfer!

  14. #14
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    Hello and welcome to OC.Y es I remember you and would like to think you for showing up I was the gentleman in the camo pants standing at the door in OC fashion.Would also like to no more about your gunsmithing business and if or what you specialize in?



    Traylor

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