Results 1 to 9 of 9

Thread: OC in Charleston

  1. #1
    Regular Member
    Join Date
    Aug 2007
    Location
    , ,
    Posts
    7

    Post imported post

    OC is supposed to be prohibited by local ordinance in the cities of Charleston, Dunbar and South Charleston. I live in South Charleston and spend lots of time inthese threecities. My wife and I have seen a number of persons OCingwithin the city limits of Charleston.I know of a case where a gentlemen waswearing two cowboy type pistols along with cowboy hat, boots etc. He was inside a large mall and was asked to leave the mall by uniformed officers. He was asked to leave the mall because it is private property and mall operators prefer no visible guns in the mall. The officers did not tell the gentleman to disarm after leaving the mall even though all of Charlestonis a no OC locale. My wife observed a lady in a cafe in the middle of town with a very obvious revolver tucked into her waist band. I have observed another lady OC a full size glock in a holster on her belt with no attempt to conceal. None of these three persons were even close to being law enforcement persons. They were obviously every day people. My guess is law enforcement is not interested in pursuing normal people who open carry in town.



  2. #2
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676

    Post imported post

    Actually, Charleston has a license to carry ordinance (Charleston City Code § 78-163)that requires a license to carry without distinction between open and concealed carry. This ordinance is identical to an oldstate law that was declared unconstitutional in State ex rel. City of Princeton v. Buckner, 180 W.Va. 457, 377 S.E.2d 139 (1988). The Legislature responded by changing the law to require a license only to conceal. However, Charleston's ordinance remains on the books in its old form but I do not believe anyone has ever sued to seek an injunction against its enforcement. However, if you have a concealed handgun license, this is a moot point.

    Also remmeber that Charleston has a separate ordinance (Charleston City Code § 78-165)prohibiting carrying on all city-owned property (Dunbar and South Charleston have similar ordinances). These ordinances are all grandfathered under the current preemption law, W.Va. Code § 8-12-5a (1999). HB 3335 would preempt these and other grandfathered ordinances.

    Although I cannot post direct links to the specific sections, you can find the applicable Charleston city ordinances here.
    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

  3. #3
    Regular Member
    Join Date
    Feb 2009
    Location
    , ,
    Posts
    21

    Post imported post

    Posted here before, I'm sure...but here it is again. I live in Charleston, but have not OC'd (I also have a ccw). My brother in-law is LEO (Charleston PD) and he was not aware of any ordinance that prohibits OC within city limits. He says the only thing they know is no guns on school property, City Hall, magistrate court, etc. I am very hesitant to OC myself because I work in construction, which is very dirty. Not a good environment for an open weapon. Also, I'm sure I would look somewhat menacing to some passer by after a days work with a gun on my hip. It's not uncommon for me to look like I just fell out of a dumpster...crawling around under houses and in attics and doing drywall, roofing, etc.



    Sec. 78-163. Carrying without license or other authorization.

    (a)It shall be unlawful for any person to carry on or about his person any revolver or pistol, dirk, bowie knife, slingshot, razor, billy, metallic or other false knuckles, or other dangerous or deadly weapon of like kind or character. (b)This section shall not be construed so as to prohibit the carrying of any weapon pursuant to licenses or other authorization issued under the authority of W. Va. Code § 61-7-2, nor shall it be construed to prevent the carrying of any weapon by persons exempted under W. Va. Code §§ 61-7-3--61-7-6. (Code 1975, § 18-66)

    Sec. 78-165. Carrying weapons upon municipal public property.

    It shall be unlawful for any person to carry on or about his person any revolver or pistol, dirk, bowie knife, slingshot, razor, billy, metallic or other false knuckles, or other dangerous or deadly weapon of like kind or character in or upon city hall, municipal auditorium, the civic center, and all parks and recreation buildings ad facilities, including recreation centers, playgrounds, swimming pools, dressing areas, tennis courts, parks and recreation areas and all other buildings, structures, facilities, and grounds thereof, owned or occupied by the City of Charleston; however, the provisions of this section shall not apply to city, county, sate and federal law enforcement officers and to exhibitors and performers at city-sanctioned events who obtain advance written authorization from the chief of police. (Ord. No. 4941, 4-19-1993; Bill No. 7103, 12-6-2004)


    Sec. 78-167. Brandishing or exposing weapons; threatening or causing breach of peace; penalty.

    It shall be unlawful for any person armed with a pistol, gun or other dangerous or deadly weapon, whether licensed to carry the weapon or not, to carry, expose, brandish or use such weapon in a way or manner to cause or threaten a breach of peace. Any person violating this section shall, upon conviction, be subject to the penalties set forth in section 1-8. (Code 1975, § 18-68) State law references: Similar provisions, W. Va. Code § 61-7-11.


  4. #4
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    Just checking i am going to visit my dad in mar-met w.v so is it going to be alright to open carry there. i just wanted to make sure that they are an open carry state and i do have a pa permit and w.v is in a reciprocating agreement with pa. i just wanted to make sure. im not going to be in the city limits of Charleston. i think i read on here that they have a city ord.

  5. #5
    Regular Member
    Join Date
    Feb 2009
    Location
    , ,
    Posts
    21

    Post imported post

    Marmet locks and dam...I fish there from time to time. Also, there is a nice gun shop in Marmet. Don't remember the name, though.

  6. #6
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    ya my dad was running for mayor there this year and almost won. in the town of marmet

  7. #7
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    question i know open carry in legal in WV and open carry . besides the 2 city's and one is in Charleston. and open carry is legal in restaurants. but is it legal to open carry in a place like buffalo wild wings that serve beer. i don't drink. but i was just wondering. hell in pa i can go into a bar as long as i am not drinking i can carry a weapon. don't know if that's the same in WV

  8. #8
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676

    Post imported post

    There are no state laws or gandfathered local ordinances in West Virginia restricting carrying in restaurants or bars.
    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

  9. #9
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    thank you i just wanted to make shore

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •