JimMullinsWVCDL
State Researcher
imported post
The City of Martinsburg is violating West Virginia’s preemption law!
We learned last week in the Martinsburg Journal article that alerted us to the proposed Ranson gun ban that Martinsburg has a similar ordinance and promised that we would investigate.
Since 2005, Martinsburg City Code § 545.14 has provided as follows:
The Martinsburg City Council meets on the second Thursday of each month at 6:30 PM.
The City of Martinsburg is violating West Virginia’s preemption law!
We learned last week in the Martinsburg Journal article that alerted us to the proposed Ranson gun ban that Martinsburg has a similar ordinance and promised that we would investigate.
Since 2005, Martinsburg City Code § 545.14 has provided as follows:
We just received a copy of this ordinance today and are planning our course of action. You may want to view our letter to Ranson posted in the Ranson gun ban thread.(a) No person shall carry or possess a firearm or other deadly weapon, whether carried openly or concealed, on any public property or in any building owned, leased or under the care, custody and control of the City of Martinsburg or any political subdivision of the City of Martinsburg.
(b) No provision of this section shall apply to those persons set forth in Section 545.03 (c) to (f) 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.
(c) Any person carrying or possessing a firearm or other deadly weapon on any public property or in any building owned, leased or under the care, custody and control of the City of Martinsburg or any political subdivision of the City of Martinsburg 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 less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense and, in the discretion of the Police Court Judge, may be placed in jail for a term not to exceed thirty (30) days, or both.
The Martinsburg City Council meets on the second Thursday of each month at 6:30 PM.