• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Man charged with bringing weapon onto college campus, yesterday, in Martinsburg, WV

JimMullinsWVCDL

State Researcher
Joined
Jan 25, 2007
Messages
676
Location
Lebanon, VA
Additional commentary:

This story just came to WVCDL's attention this evening and we will be following it very closely. Thanks to Clint Sullivan for bringing this story to our attention. Those of you in the Eastern Panhandle should be prepared to take action in response to this story, so check your e-mail regularly and follow the advice in the item above for staying in touch with WVCDL.

In a nutshell, West Virginia state law does not criminalize carrying on a college, university, or other post-secondary educational institution's campus. As it relates to schools, W.Va. Code § 61-7-11a(b)(1) provides: "It shall be unlawful for any person to possess any firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function." This language is very clear and does not include post-secondary institutions (universities, colleges, community colleges, etc.).

Even if there was a violation of some campus policy (whose legality under state law I would seriously question), a campus rule violation is not grounds for a lawful arrest--much less felony charges.

I hope Joshua Beck gets a good attorney. As this story did not indicate whether Mr. Beck had a concealed handgun license, I cannot say right now whether Mr. Beck's conduct was completely legal. If Mr. Beck did not have a CHL, he could still be charged & convicted of a misdemeanor concealed weapons charge under W.Va. Code § 61-7-3. However, if Mr. Beck had a CHL, there was no crime and he could actually have a good case for a civil lawsuit for a variety of claims.

We will let you know more about this case when we have additional information.
 
Last edited:

justinmang892

Regular Member
Joined
Oct 4, 2011
Messages
14
Location
Shepherdstown, WV
A side note to this story is that the building which holds Blue Ridge CTC is also home to some of the Berkeley County offices. Martinsburg does have an ordinance in place to ban weapons on city property, BUT the ordinance was put into place after the state preemption laws so it would not be enforceable. Basically for all that do not know the college is downstairs and the offices are upstairs.
 

R50FJ60

Regular Member
Joined
Oct 10, 2011
Messages
22
Location
Manassas, VA & Shepherdstown, WVA
If its not prohibited by the higher power (state of wv), then the school should be told to get stuffed.
X2 on hoping he has a good attorny.
Who knows, maybe (hopefully) this will be the straw that broke the camels back- Just imagine, being able to go across campus at night armed and not having to worry about some drunken thug wanna-be trying to rob you. . .
 
Last edited:

justinmang892

Regular Member
Joined
Oct 4, 2011
Messages
14
Location
Shepherdstown, WV
More details on this story

http://articles.herald-mail.com/2011-10-14/news/30281946_1_documents-blue-ridge-ctc-college-campus

"At no time was there any active threat," the college said Friday evening in a statement explaining the reason for the abrupt closure at 5 p.m. Thursday.

A former Martinsburg Correctional Center officer, Beck was arraigned Thursday by Magistrate Joan V. Bragg. He was released from custody on a $2,500 personal recognizance bond, according to court documents.

College staff member said that Beck was in class when she noticed "a large bulge" beneath his shirt near his waistband on his back and, fearing it was a firearm, reported it to the school's student services director, the documents said.

Beck told the student services director that he did have a gun "because it's my job,"

Gardner later determined that Beck does have a concealed weapons permit, the documents said.

"At this time, there does not appear to be reason for alarm," Deputy County Administrator Alan J. Davis said in an email sent Friday to county employees notifying them of the situation.




--- this puts everything into perspective for everyone. seems the college was trying to make a point that they do not want ANY guns on their campus.

Justin Mang
 

Shallnotbeinfringed

Regular Member
Joined
Jun 1, 2008
Messages
88
Location
Martinsburg, West Virginia, USA
If its not prohibited by the higher power (state of wv), then the school should be told to get stuffed.
X2 on hoping he has a good attorny.
Who knows, maybe (hopefully) this will be the straw that broke the camels back- Just imagine, being able to go across campus at night armed and not having to worry about some drunken thug wanna-be trying to rob you. . .

Just a clarification, the incident happened at the annex in the old Corning plant, not the campus downtown.

It's good to hear he had his CHL. That puts things in a whole new light.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Let's see:

It is against the state law to bring a firearm onto the college campus.

And this guy thought the law was for everyone else, and brought a concealed handgun onto college property, and was arrested.

My thought: you reap what you sow.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Let's see:

It is against the state law to bring a firearm onto the college campus.

No it is not - WVa statute is silent on the issue. Normally a cite would be requested, but JimMullinsWVCDL has already provided that.

And this guy thought the law was for everyone else, and brought a concealed handgun onto college property, and was arrested.

Falsely arrested, using an inapplicable law.

My thought: you reap what you sow.

As to the latter, I could not agree more. The college administrators and LEOs should take heed, but perhaps that day has passed - they have already stepped in it.
 

justinmang892

Regular Member
Joined
Oct 4, 2011
Messages
14
Location
Shepherdstown, WV
So let me try to understand this. He was arrested yesterday for carrying a gun a couple days before he got arrested the first time? Well at this point the county is just trying to prove they have power. Glad he has a good lawyer. :dude:
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Not in the State of West Virginia. W.Va. Code § 61-7-11a(b)(1) only prohibits carrying on primary and secondary school property; it does not mention colleges or universities (or other "institutions of higher education," as West Virginia law often terms them).

Thank you for the link and for correcting me.

My initial comments were based strictly on this quote from the release:

"...according to a statement released Friday evening. One incident involved a student bringing a concealed weapon onto the BRCTC satellite campus, which is against state law, and two separate incidents involved medical issues, the release states."

Looks as if the release was wrong...but this still doesn't excuse my ignorance.

But, since I am here to learn, I'm not going to beat myself over it. I'll apologize and move on.:dude:
 

justinmang892

Regular Member
Joined
Oct 4, 2011
Messages
14
Location
Shepherdstown, WV

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
http://www.journal-news.net/page/co...-m-being-painted-as-the-bad-guy.html?nav=5006

Looks like this is getting the attention it deserves. Now we have his side of the story. There is also a protest event in place for this Saturday in Martinsburg. Here is the facebook like to the event. Let us all support this man.

http://www.facebook.com/event.php?eid=23386130000092

Thanks all.
Justin Mang

Has facebook taken this down?

This is what I get when I click on the link:

"Event Unavailable
We're sorry, this Event isn't working right now. Please try again later."
 
Top