imported post
John,
Belowis the part of the Charleston Code I was referring to. It says you can't carry but then refers to WV Code 61-7-2 and 61-7-3 thru 61-7-6 as exceptions. These are theexceptions for a concealed carry permit. Notice that there appears to be no distinqtion between concealed or open carry.
I wonder if 78-167 could let the police charge you with brandishing for causing 'a breach of peace' if you open carry?
Anyone in Charleston want to chime in?
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. 78-164. Carrying unlicensed or unauthorized weapons within designated areas of Kanawha Boulevard.
(a) It shall be unlawful for any person to carry on or about his person in the following designated Sternwheel Regatta area: Kanawha Boulevard, East, from Capitol Street to Clendenin Street and from the north bank of the Kanawha River to the south sidewalk of Virginia Street, East, for ten days preceding Labor Day, and including Labor Day, 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.
(Ord. No. 4867, 8-17-1992)
Sec. 78-165. Carrying unlicensed or unauthorized 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 and facilities, including recreation centers, playgrounds, swimming pools, dressing areas, tennis courts, parks and recreation areas; however, the provisions of this section shall not apply to city, county, state 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)
Sec. 78-166. Prohibited discharge.
It shall be unlawful for any person to discharge within the city any firearm, slingshot or other weapon or instrument which propels a projectile capable of inflicting bodily injury except in the lawful defense of person or property and except when necessary in the performance of a lawful duty. That this section shall not apply to the use of blank ammunition at athletic events, military funerals, theatrical performances and other functions at which the use of blank ammunition is appropriate and does not constitute any danger to any person or property, nor shall this section apply to the use of live ammunition or arrows on authorized target ranges where such use is conducted under competent supervision and adequate safeguards are provided for the protection of persons and property.
(Code 1975, § 18-67)
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.
OHHHHHH.......my brain hurts!
