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Thread: WVCDL Sues Cities of Charleston, South Charleston, Dunbar, and Martinsburg

  1. #1
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    Post WVCDL Sues Cities of Charleston, South Charleston, Dunbar, and Martinsburg

    Yesterday, WVCDL filed a lawsuit in the U.S. District Court for the Southern District of West Virginia against the cities of Charleston, South Charleston, and Dunbar, and their respective mayors and police chiefs, challenging the constitutionality and statutory validity of ordinances in each of those cities prohibiting carrying a firearm on city-owned property. Additionally, WVCDL is challenging the constitutionality of Charleston's restrictive handgun sales ordinances.

    Also yesterday, WVCDL filed a lawsuit against the City of Martinsburg, its mayor, its city manager, and its police chief in the U.S. District Court for the Northern District of West Virginia, challenging the constitutionality and statutory validity of a Martinsburg ordinance prohibiting carrying a firearm in city-owned buildings.

    To read more about both of these cases, visit WVCDL's litigation page.

    Here are a few news stories on these cases:

    Martinsburg Journal
    Charleston Gazette
    AP
    West Virginia Metro News
    WHAG-TV
    WOWK-TV
    WCHS
    Last edited by JimMullinsWVCDL; 01-25-2011 at 11:11 PM.
    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

  2. #2
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    Request for information

    This is a repost from WVCDL email asking for assistance and information:

    ___________

    As part of its upcoming lawsuits challenging several local gun control ordinances, WVCDL asks that you take a few minutes and let us know if you can help provide any of the following information that will help bolster our upcoming litigation.

    First, if you have

    (1) ever purchased a handgun from Boggs Gun Shop, Gander Mountain, or any other gun dealer located within the city of Charleston; or

    (2) have, in the last 2 years, attempted to purchase a handgun from Boggs Gun Shop, Gander Mountain, or any other gun dealer located within the city of Charleston, and either:

    (A) completed the City of Charleston handgun purchase registration form and either did not complete the purchase or your attempted purchase was denied; or

    (B) walked away after being informed of the City of Charleston's handgun purchase ordinances and the requirements they impose on the sale of a handgun in addition to those prescribed by federal and state law,

    I need to hear from you ASAP. Please reply to this e-mail and tell me about the details of your case, including your name, address, phone number, when and where you purchased or attempted to purchase a handgun from a gun dealer located within the City of Charleston, and, if you did not complete your attempted purchase, the reasons for your denial. Also, please state whether or not you are currently a dues-paying WVCDL member (we want to hear from everyone regardless of your current membership status).

    Second, if you regularly visit city-owned buildings in the cities of Charleston, South Charleston, Dunbar, or Martinsburg, regularly visit city parks in the cities of Charleston, South Charleston, or Dunbar, or regularly visit any other city-owned property in the City of Charleston, I also need to hear from you. Please reply to this e-mail and tell me about the details of your case, including your name, address, phone number, and which venues you regularly visit. Also, please state whether or not you are currently a dues-paying WVCDL member (we want to hear from everyone regardless of your current membership status).

    Third (and finally), if you do NOT have a concealed handgun license and regularly open carry a handgun, I need to hear from you. Please reply to this e-mail and include your name, address, phone number, a general description of the frequency and regularity of your otherwise lawful open carrying, and whether you are a regular visitor to the City of Charleston (please respond even if you do not regularly visit Charleston, as we are working on another matter of interest to open carriers). Also, please state whether or not you are currently a dues-paying WVCDL member (we want to hear from everyone regardless of your current membership status).


    CONTACT JIM MULLINS, or WVCDL.

  3. #3
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    The following needs to happen: 1 West Virginia Code 8-12-5(16) needs to be REPEALED, AND 2 West Virginia Code 8-12-5a needs to be changed to REPEAL everything beyond the First Sentence.

  4. #4
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    Earlier today, Chief Judge John P. Bailey of the U.S. District Court for the Northern District of West Virginia entered an order denying the City of Martinsburg's motion to dismiss WVCDL's lawsuit challenging the constitutionality and statutory validity of Martinsburg's city building gun ban ordinance.


    In his order, Judge Bailey found that WVCDL had clearly established standing to sue and requested supplemental briefing on whether he should defer further proceedings on WVCDL's federal constitutional claims and direct WVCDL to separately litigate its state law claims in state court and then return to federal court to litigate its federal constitutional claims if necessary after state court litigation. WVCDL has 14 days to respond to this matter.
    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

  5. #5
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    Question

    Any updates to the June update for the suit vs City of Martinsburg?

  6. #6
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    Quote Originally Posted by fire1664man View Post
    Any updates to the June update for the suit vs City of Martinsburg?
    There has been a round of supplemental briefing on the issue of Pullman abstention and WVCDL filed an amended complaint. The major case filings are available here. I can't & won't comment on what is in the pipeline other than to suggest that you read the court filings carefully--especially WVCDL's 2 Pullman abstention briefs.
    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

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    How will the untimely death of Jim Mullins affect this litigation?
    http://forum.opencarry.org/forums/sh...29-Passed-Away

    I am reasonable confident that there were/are others on the team, but don't have knowledge of them nor their ability to pursue this.

    Any information would be helpful and appreciated.
    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.

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