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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.[/align]
[align=left]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.
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