imported post
Mike, here is what I've been able to find.
From the WV State Code:
8-12-5 "General powers of every municipality and the governing body thereof."
Subsection 16: To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or other deadly weapon of like kind or character;
8-12-5a"Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition."
The provisions of section five of this article notwithstanding, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition. Nothing herein shall in any way impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution:
Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section:
Provided, however, That no provision in this section may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.
8-12-5a certainly makes it clear that a city can't limit a person's right to carry. However, I haven't been able to find out when 8-12-5a was passed.
Now here is something very interesting that I found. Its a bit off topic but I foundit almost shocking, as I always thought WV was a very gun friendly state.Not from the state code but from this website:
http://www.saf.org/LawReviews/Halbrook2.htm
"The Handgun Control Act enacted in 1993 by Charleston, West Virginia, is a direct registration system. Under that ordinance, "no person or dealer shall sell any handgun to any other person without first obtaining ... a registration form" containing information about the purchaser. [14] The purchaser must certify that the handgun is "not for resale within a thirty-day period" and that "the purchaser has not purchased any other handgun within the thirty-day period" before the date on the registration form. [15] A copy of the form is filed with the police. [16]"
I haven't found any hard evidence, but it looks like preemption wasn't passed until 1993 or sometime thereafter. If I find more I'll report back.
http://www.legis.state.wv.us/WVCODE/masterfrm3Banner.cfm
