Well it looks like the city council in Ranson WV is going to enact a local ordinance that would ban open carry on public property. Only one councilman protested in any way and only because he wants "public property" to be better defined.

I guess a local guy was open carrying at a semi pro football game and the police got bent out of shape because they had no legal means of forcibly disarming the man. He ended up "removing the gun from the premises".

The old tired and pathetic chestnut of "we don't want guns around our children" was used as the reasoning behind the ban.

I am furious that this ordinance is going to be passed. Martinsburg already has one, but for it to get this far west really chaps my hide. These damn Baltimore and DC hippies are migrating all throughout the panhandle and remaking our state in their own peaceful tree hugging bed wetting image.

Yeah.  I moved to Bunker Hill from Maryland to escape shit like this.  Not to bring it with me.  

Ranson.....
Pistolas= bad
Shankey topless dancers= good

Its all about the revenue I suppose

ETA:Sydney, Where in bunkerhill? same here

WV has preemption.  Who wants to sue Ranson?

§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.

ETA: Gun ban ordinance for public property considered in Ranson

RANSON — The first reading and discussion of a new ordinance in the city of Ranson that would prohibit firearms and weapons on public property was tabled at Tuesday night’s City Council meeting after concerns were raised by the city’s police chief that the wording of the new ordinance may be too vague.

The issue arose after an individual showed up at a semi-pro football game at Ranson’s Charles C. Marcus Field with a gun about a month ago.

“A fellow showed up at a recreational event and apparently he or she had a gun and frankly we did not have the means by which to, no law saying they couldn’t have a gun,” Mayor A. David Hamill said.

The man did have a permit to carry a concealed weapon, but agreed to remove the gun from the public field. The council now wants to enact an ordinance that would allow the city to prohibit people from carrying firearms on public property owned by the city. The point, Hamill said, is that the council does not want people to carry weapons at public functions within the city.

“The state code allows you to pass an ordinance like this but you have to have an ordinance in order to enforce it,” said city attorney Andy Blake, who drafted the proposed ordinance.

It’s the same type of ordinance that Blake wrote for the city of Martinsburg that is now enforced. The ordinance itself uses the same exact language as the state code but the phrase “government entities” was replaced with the “city of Ranson.”

“We don’t want to have guns around our kids,” Councilman Scott Coulter said.

Ranson Police Chief William Roper said his only concern was that the ordinance does not define what public property the weapons would be banned from.

“Route 115 and 13th Avenue are public property. Are we banning it from that?” Roper asked.

Blake said that when he wrote the ordinance, the intent was to prohibit weapons and firearms in public facilities, public buildings, structures, parks and other properties owned by the city of Ranson, but not on sidewalks or within the city limits.

“Would it benefit from identifying those areas?” Roper asked. “My guys might enforce it when it is not supposed to be.”

The council later agreed to table discussion on the ordinance so it could be reviewed further. Blake said he would meet with Roper to discuss the ordinance.

“All I’m asking is that it (public property) be identified,” Roper said.

Quoted: I am furious that this ordinance is going to be passed. Martinsburg already has one, but for it to get this far west really chaps my hide. These damn Baltimore and DC hippies are migrating all throughout the panhandle and remaking our state in their own peaceful tree hugging bed wetting image.

2IDdoc,

Do you (or anyone else) know off hand when the Martinsburg OC ban went into effect?

I don't go there often, but I do remember seeing someone OC'ing in a downtown diner, but that was many years ago.

This is a most unsatisfactory situation.  Bed wetting control freeques suck.

Quoted: Ranson..... Pistolas= bad Shankey topless dancers= good Its all about the revenue I suppose ETA:Sydney, Where in bunkerhill? same here

Go easy on the dancers underdog!  Strippers are people too!

Seriously, would you rather people that probably don't have qualifications to be much else to be collecting welfare?  It is nice that most peoples "money makers" are above the shoulders, rather than below them, but at least they are taxpayers.

Does the WVCDL know anything about this yet?

Quoted: Does the WVCDL know anything about this yet?

I forwarded Jim the Journal News article around lunchtime today.

Quoted: Quoted: Ranson..... Pistolas= bad Shankey topless dancers= good Its all about the revenue I suppose ETA:Sydney, Where in bunkerhill? same here Go easy on the dancers underdog!  Strippers are people too! Seriously, would you rather people that probably don't have qualifications to be much else to be collecting welfare?  It is nice that most peoples "money makers" are above the shoulders, rather than below them, but at least they are taxpayers.

Agreed,  I meant it more like, "They have no problem with stripjoints and bars ever half mile but cant live with a few lawfully owned and used firearms"

i'll carry anyway.  My life is more important to me than to be asked to leave  because it is in violation of a property rule.  


It would scare you how big ranson really is.  The cops in ranson patrol a lot of area, so they better word it right.

Quoted: Quoted: Quoted: Ranson..... Pistolas= bad Shankey topless dancers= good Its all about the revenue I suppose ETA:Sydney, Where in bunkerhill? same here Go easy on the dancers underdog!  Strippers are people too! Seriously, would you rather people that probably don't have qualifications to be much else to be collecting welfare?  It is nice that most peoples "money makers" are above the shoulders, rather than below them, but at least they are taxpayers. Agreed,  I meant it more like, "They have no problem with stripjoints and bars ever half mile but cant live with a few lawfully owned and used firearms"

Yeah you can't really swing a dead cat around the Eastern Panhandle without hitting an "Exotic Dancer Club".  I bet those clubs are a big "Money Maker" to the local gov's with their hands out whining "More $$$, More $$$!!!"

DUCT TAPE ALERT!



The City of Ranson, Jefferson County, is in the process of violating West Virginia’s municipal gun control preemption law, West Virginia Code §8-12-5a (1999), by trying to prohibit law-abiding citizens from exercising our individual right to keep and bear arms on city property.

WVCDL is in the process of preparing its full response to this effort and will have more to say shortly.

In the meantime go to http://www.legis.state.wv.us/WVCODE/code.cfm?chap=08&art=12 to read the preemption law for yourself:

§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.



Thanks to Melinda Meador for passing this to us.



Jim Mullins
President, West Virginia Citizens Defense League, Inc.
Chairman, WVCDL-PAC
[email protected]
www.wvcdl.org
www.wvcdl-pac.org




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WVCDL-ALERT is a project of the West Virginia Citizens Defense League, Inc. (WVCDL), an all-volunteer, nonpartisan grassroots organization dedicated to the promotion of the individual’s fundamental human right to self-defense.


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Yeah I caught that.

06/19 WVCDL Alert:

*****

We will have additional updates early next week.  All state and local offices will be closed tomorrow for West Virginia Day and will reopen on Monday.  We have provided several links at the end of our press release containing pertinent information on this issue.

Today, WVCDL responded to the proposed city property carry ban ordinance pending before the Ranson City Council.  We sent Ranson city leaders the attached letter, the text of which follows:

--------------------------------------------------------------------------------

An Open Letter to the City of Ranson, West Virginia:

Yesterday’s edition of the Martinsburg Journal reports that your city council is considering an ordinance that would prohibit the possession and carrying of firearms on city-owned property.  As the President of the West Virginia Citizens Defense League, I write to inform you that this proposed ordinance is unwise and in direct violation of state law. WVCDL is a nonpartisan, nonprofit, all-volunteer, grassroots organization of concerned West Virginians who support our individual right to keep and bear arms.

West Virginia Code § 8-12-5a (1999) provides, in pertinent part, that “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[.]”

The Legislature enacted W.Va. Code § 8-12-5a specifically to prohibit any future restrictions on the possession or carrying of firearms other than those enacted by the Legislature.  This section is a total preemption of municipal ordinances or other action that, in any way, shape, or form, limits the rights of law-abiding gun owners. You do not have the power to enact this ordinance and I strongly advise that you immediately cease further consideration of it.

I am aware that you may justify your proposed ordinance under the provisions of W.Va. Code § 8-12-5(16), which is exempted from the preemption provisions of W.Va. Code § 8-12-5a and authorizes municipalities “[t]o 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[.]”

W.Va. Code §8-12-5(16), which is an old provision that mirrors W.Va. Code 61-7-1 (1975), is unconstitutional on its face under State ex rel. City of Princeton v. Buckner, 180 W.Va. 457, 377 S.E.2d 139 (1988), which invalidated W.Va. Code § 61-7-1 (1975), as “overbroad and violative of article III, section 22 of the West Virginia Constitution, known as the ‘Right to Keep and Bear Arms Amendment.’” Syllabus Point 2, Buckner, supra. Regardless of whether your proposed ordinance does or does not pass a Buckner analysis, it is fatally flawed because the authorizing statute is void as a delegation by the Legislature to municipalities of an unconstitutional act.

I am also aware that you may be attempting to use the provisions of W.Va. Code § 61-7-14 (1989), which authorizes any property owner, without distinction between public and private entities, to prohibit the possession or carrying of weapons on their premises.  This section predates the preemption law, W.Va. Code § 8-12-5a (1999), and is not exempted within the provisions of § 8-12-5a.  Therefore, because of the statutory conflict, the preemption section prevails as the most recent legislative enactment.

The Journal article indicates that your proposed ordinance mirrors a similar ordinance in Martinsburg.  Unless the Martinsburg ordinance was enacted before 1999 and covered by the grandfather clause in § 8-12-5a, it too violates the preemption law.  Furthermore, regardless of whether it is barred by the preemption law, if the City of Martinsburg has derived its justification for its ordinance from W.Va. Code § 8-12-5(16), it suffers from the same constitutional infirmity as your proposed ordinance. We will investigate this issue and seek appropriate relief.  In the meantime, consider yourself on notice that any action, regardless of your proffered justification, to restrict the possession or carrying of firearms violates state law and will not be tolerated.

So-called “gun-free zones” are nothing more than criminal protection zones that offer law-abiding citizens a false sense of security while emboldening potential criminals who know that their intended victims are most likely to be defenseless.  More than 20 years of experience have shown that individuals who choose to exercise their right to carry a weapon—whether it be the lawful carrying of a licensed, concealed weapon or the open carrying of a weapon for which West Virginia state law requires no license—are not a danger to themselves or others. On the contrary, there have been hundreds of incidents over the last 20 years in which ordinary citizens have saved their own lives and the lives of others from criminals and madmen who prefer nothing better than defenseless victims. This is, in part, why the Legislature has recognized the need to protect our rights by enacting the municipal gun control preemption law. W.Va. Code § 8-12-5a.

For these reasons, I urge you in the strongest possible terms to reject any proposals that would restrict when, where, how, or by whom any firearm may be possessed or carried and defer to state and federal law on these matters, as you are required to do under W.Va. Code § 8-12-5a.

Sincerely,

James M. Mullins, Jr.

President

--------------------------------------------------------------------------------

We also sent the following press release and a copy of our letter to Ranson city leaders to most media outlets throughout the state:

News from the West Virginia Citizens Defense League

For Immediate Release

Thursday, June 19, 2008

West Virginia Citizens Defense League, Inc.

PO Box 783

Morgantown, WV 26507
For Details, Contact:

Jim Mullins

E-mail: [email protected]
Web site: www.wvcdl.org

Gun Owners Condemn Proposed Ranson Gun Ban

Proposed Ordinance Violates State Preemption Law

Morgantown, W.Va. — Today, the West Virginia Citizens Defense League (WVCDL) sent an open letter to officials in the City of Ranson in opposition to a proposed ordinance that would prohibit law-abiding citizens from exercising their right to otherwise lawfully carry a firearm on city property.

The Wednesday, June 18, 2008 edition of the Martinsburg Journal reported that Ranson City Council is considering an ordinance that would prohibit firearms on all city-owned property. WVCDL President Jim Mullins says this proposed action is unwise and in direct violation of West Virginia’s municipal gun control preemption law, West Virginia Code § 8-12-5a.

Mullins, a third-year law student at the WVU College of Law, says the West Virginia Legislature passed the preemption law 9 years ago specifically to protect the rights of gun owners from a confusing, patchwork quilt of local gun laws more restrictive than state law.  “The Legislature has established a strong public policy in this state favoring the right of ordinary citizens to be able to defend themselves and has decided that the Legislature—and only the Legislature—will regulate when, where, how, or by whom a gun may be possessed, carried, transported, etc., in this state,” Mullins said.

Mullins and other WVCDL leaders have been seeking passage for the last two legislative sessions of legislation that would strengthen the existing preemption laws and protect gun owners from local ordinances that were grandfathered into the preemption law and clarify the Legislature’s position as the sole regulator of firearms under state law.  This legislation was introduced in 2007 as SB 715 and 2008 as SB 732.  WVCDL plans to further refine this legislation and seek its passage during the 2009 regular legislative session.

During the 2008 regular legislative session, WVCDL was instrumental in defeating proposed legislation that would have raised fees for concealed handgun licenses by 33% and banned the carrying of weapons in the casino areas of the state’s four racetracks. WVCDL’s efforts have contributed to the establishment of many of the new concealed handgun license reciprocity agreements established by Attorney General Darrell McGraw over the last year.

--30--

A copy of WVCDL’s letter to the City of Ranson is attached as a Microsoft Word document.

The Martinsburg Journal article cited above is available at http://www.journal-news.net/page/content.detail/id/507780.html

Current state preemption law for municipalities (counties are subject to § 7-1-3): http://www.legis.state.wv.us/WVCODE/code.cfm?chap=08&art=12

2007 SB 715:  http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=715&year=2007&sessiontype=RS&btype=bill

2008 SB 732:  http://www.legis.state.wv.us/Bill_Status/bills_History.cfm?input=732&year=2008&sessiontype=rs&btype=bill

--------------------------------------------------------------------------------

Jim Mullins
President, West Virginia Citizens Defense League, Inc.
Chairman, WVCDL-PAC
[email protected]
www.wvcdl.org
www.wvcdl-pac.org

*****

I've only lived in WV since 2006.  Anyone know when Martinsburg's No Guns on Public Property ordinance was passed?

Quoted: Quoted: Quoted: Ranson..... Pistolas= bad Shankey topless dancers= good Its all about the revenue I suppose ETA:Sydney, Where in bunkerhill? same here Go easy on the dancers underdog!  Strippers are people too! Seriously, would you rather people that probably don't have qualifications to be much else to be collecting welfare?  It is nice that most peoples "money makers" are above the shoulders, rather than below them, but at least they are taxpayers. Agreed,  I meant it more like, "They have no problem with stripjoints and bars ever half mile but cant live with a few lawfully owned and used firearms"

You mean I can't wear a drop leg holster in Vixens? What the shit man!

Quoted: Quoted: Quoted: Quoted: Ranson..... Pistolas= bad Shankey topless dancers= good Its all about the revenue I suppose ETA:Sydney, Where in bunkerhill? same here Go easy on the dancers underdog!  Strippers are people too! Seriously, would you rather people that probably don't have qualifications to be much else to be collecting welfare?  It is nice that most peoples "money makers" are above the shoulders, rather than below them, but at least they are taxpayers. Agreed,  I meant it more like, "They have no problem with stripjoints and bars ever half mile but cant live with a few lawfully owned and used firearms" You mean I can't wear a drop leg holster in Vixens? What the shit man!

lol God I haven't been there in forever.

Nice to see a 3rd year law student taking up the fight.  We need more conservative lawyers in order to keep up the defense of our rights.  One reason I took the financial hit of law school and stepped up.  Volunteer in these organizations, donate, and take them on in court if you can - it's only money and time  

Preemption FTW! You go guys and girls!

Quoted: You mean I can't wear a drop leg holster in Vixens? What the shit man!

Only if your packin a water pistol filled with baby oil,.... Or so Ive been told

Be sure to make the state attorney general aware of what is going on.

Quoted: Quoted: You mean I can't wear a drop leg holster in Vixens? What the shit man! Only if your packin a water pistol filled with baby oil,.... Or so Ive been told

Thanks for planning my evening pal!

Just in from WVCDL

Pressure scuttles gun ban

By Edward Marshall

Journal Staff Writer

June 24, 2008



RANSON — The Ranson City Council is expected to abandon efforts to pass a proposed ordinance that would ban firearms from city-owned property due to pressure from gun rights groups.

Groups such as the National Rifle Association and the West Virginia Citizens Defense League have sent letters to city officials decrying the proposed ordinance and have threatened to take action should the council attempt to pass it.

“I think it’s enough to say that we’ve heard from the interested parties — without being specific about who the interested parties are — and we feel that it is probably in our best judgment to forgo any further action relative to this situation,” Ranson Mayor A. David Hamill said Monday.

The proposed ordinance was brought up at the council’s last general meeting, but consideration of the ordinance was tabled because of concerns its wording might be too vague.

The intent of the proposal was to ban firearms from city-owned properties such as city-owned buildings and parks, but not within the entire city limits itself. The issue arose after an individual showed up with a gun about a month ago at a semipro football game at Ranson’s Charles C. Marcus Field. The man did have a permit to carry a concealed weapon, but agreed to remove the gun from the public field.

“Our only interest was protecting those persons who are participating at public events. We did not realize the gravity of the situation. We’re neither pro- nor anti-gun, we’re just common law-abiding citizens just like everybody else,” Hamill said.

WVCDL President James M. Mullins Jr. said he believes the ordinance would prohibit law-abiding citizens from exercising their right to otherwise lawfully carry a firearm on city property.

Mullins, who is a third-year student the West Virginia University College of Law, said the state legislature passed a pre-emption law nine years ago to protect the rights of gun owners from a “confusing, patchwork quilt” of local gun laws more restrictive than state law.

“The legislature has established a strong public policy in this state favoring the right of ordinary citizens to be able to defend themselves, and has decided that the legislature — and only the legislature — will regulate when, where, how, or by whom a gun my be possessed, carried, transported, etc., in this state,” Mullins said in a letter he sent to the council.

Mullins called so-called “gun free zones” nothing more than “criminal protection zones” that offer law-abiding citizens a false sense of security while emboldening potential criminals who know that their intended victims are most likely to be defenseless.

“More than 20 years of experience have shown that individuals who choose to exercise their right to carry a weapon ... are not a danger to themselves or others,” Mullins said.

Hamill said he doubts that there will be support from the council to bring the ordinance back to the table, adding he believed City Attorney Andrew Blake is drafting a letter to the NRA and WVDL to inform them they do not anticipate taking further action on the ordinance.

—Staff writer Edward Marshall can be reached at (304) 725-6581, or [email protected]

Quoted: “I think it’s enough to say that we’ve heard from the interested parties — without being specific about who the interested parties are — and we feel that it is probably in our best judgment to forgo any further action relative to this situation,” Ranson Mayor A. David Hamill said Monday.

That's great...!!!  I think this is my favorite quote from the article.

Dan.

Quoted: We’re neither pro- nor anti-gun, we’re just common law-abiding citizens just like everybody else,” Hamill said.

Not quite, bud. You & your buddies, up on your imagined "thrones of power" (who'd want to
rule Ranson anyway? ) decided to pull a power-play to keep us peasants in our place
and "You got busted!"

The Ranson City Council is expected to abandon efforts to pass a proposed ordinance that would ban firearms from city-owned property due to pressure from gun rights groups.

Translation: the city attorney checked the pre-emption law and told us we'd lose in court if we passed it.

So where does that leave me? I live in Martinsburg.  Here I was making fun of my buddy who lives in Ranson and the whole time I never knew my town had already passed this unconstitutional crapfest, lol.  

I'll carry where I carry when I want to carry, and that is that.

Man I love this site!

The newspaper article said that Martinsburg had such an ordinance, and unfortunately that's all I know about it.

Quoted: So where does that leave me? I live in Martinsburg.  Here I was making fun of my buddy who lives in Ranson and the whole time I never knew my town had already passed this unconstitutional crapfest, lol.

Hey, I'm just south of you in Inwood.  I'm in Martinsburg quite a bit.  I think the ordinance only applies to city property.  I've seen the signs posted, mainly when I had to go get set up for my personal property taxes on the cars.

I've been trying to find out when the Martinsburg ordinance was passed and haven't had any luck; their stuff isn't online, dang it.

Quoted: The Ranson City Council is expected to abandon efforts to pass a proposed ordinance that would ban firearms from city-owned property due to pressure from gun rights groups. Translation: the city attorney checked the pre-emption law and told us we'd lose in court if we passed it.

Eat that suckers!

maybe its time for the WVCDL to get involved with the Martinsburg issue. I never knew Martsinburg has such a law....I carry there all the time.

I'm going to send the WVCDL some cash now.

Thank you 2IDdoc for bringing this to the Hometown forums attention.

Thank you Bubbles for forwarding this to WVCDL.

Thank you WVCDL for fixing your legalese bayonet and running the gun grabbers through!

Was Martinsburgs ban in place before the state adopted the preemptor laws a few years back?  And could that mean M-Burgs  law is some how grandfathered in?  Or people just never thought about it and had no clue they could get it overturned.

Quoted: Was Martinsburgs ban in place before the state adopted the preemptor laws a few years back?  And could that mean M-Burgs  law is some how grandfathered in?  Or people just never thought about it and had no clue they could get it overturned.

That is currently under investigation.

Quoted: Quoted: Was Martinsburgs ban in place before the state adopted the preemptor laws a few years back?  And could that mean M-Burgs  law is some how grandfathered in?  Or people just never thought about it and had no clue they could get it overturned. That is currently under investigation.

Meaning Bubbles has to work for a living......and hasn't gotten to it yet







Kidding  Seriously tho, what's the hold up?!!

Yes, I have to work for a living and don't have a lot of time to call around Martinsburg gov't looking for info on an ordinance.  Fortunately WVCDL is on it!  From their latest alert:

1. WVCDL TO APPEAR AT NEXT WEEK’S RANSON CITY COUNCIL MEETING

Yesterday, we learned that Ranson city leaders decided to drop their plans for an ordinance to ban carrying on city-owned property, in violation of West Virginia’s municipal gun control preemption law.  We are keeping our plans to attend the July 1, 2008, city council meeting—this time to say “Thank You!” to officials who saw the light after we contacted them in opposition to their earlier proposal.  The City Council will meet at 7 PM at Ranson City Hall. Ranson City Hall is located at 312 South Mildred Street in Ranson.  A map and driving directions are available at tinyurl.com/58l9yg

Let’s have a strong turnout and show not just Ranson but other local governments in the Eastern Panhandle that gun owners are serious about protecting our rights and enforcing West Virginia’s preemption law!


--------------------------------------------------------------------------------

2.  MARTINSBURG IS VIOLATING THE PREEMPTION LAW, HAS ILLEGAL CITY PROPERTY GUN BAN!

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:

(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.

We just received a copy of this ordinance today and are planning our course of action.

The Martinsburg City Council (www.martinsburg.com/city/cty.ccil.html) meets on the second Thursday of each month at 6:30 PM.

ETA: My husband and I plan on being in Ranson on the 1st.  Are there any other ARFCOM'ers going?

bttt.  Who is going to the Ranson City Council meeting tomorrow night?  If there's a good turnout, I suspect Martinsburg will quietly repeal its ordinance rather than being forced to do it via a lawsuit.

OC or CC? If it's OC, I think I'll take the AR

I'd hope it was OC, simply to show the "citizens" just how many of us evil gun folks there are. Maybe while we're in that intimidating light they'll pass a "must carry" law while we're there? Kinda like my hometown tried a while back

Regardless, I'll be carrying a check for Jim for expenses.  Gas ain't cheap, and it's a bit out of his way to come up here.

From Jim Today:

Please plan to attend tomorrow night’s meeting of the Ranson City Council and thank them for dropping their plans for a city property gun ban ordinance.

The city council meets at 7 PM, Tuesday, July 1, 2008, at Ranson City Hall, 312 South Mildred Street in Ranson.

For a map and driving directions, go to http://tinyurl.com/58l9yg

We need a strong turnout to show other cities (i.e., Martinsburg) that Eastern Panhandle gun owners refuse to be treated like second-class citizens and will defend the state preemption law and our right to defend ourselves.

WVCDL Secretary Leonard Roman and I will travel from Morgantown and WVCDL Vice President Keith Morgan will travel from Charleston (yes, I said Charleston, not Charles Town!).  We look forward to a good turnout!


--------------------------------------------------------------------------------

Jim Mullins
President, West Virginia Citizens Defense League, Inc.
Chairman, WVCDL-PAC
[email protected]
www.wvcdl.org
www.wvcdl-pac.org




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Quoted: So where does that leave me? I live in Martinsburg.  Here I was making fun of my buddy who lives in Ranson and the whole time I never knew my town had already passed this unconstitutional crapfest, lol.   I'll carry where I carry when I want to carry, and that is that.

I would like to know also. I will also carry when and where I see fit.

StagPower

Well, it was nice meeting Jim Mullins, ceding my opening comment to the council to him. Thanks to all that attended. I think they got the point...and were receptive, even thankful, to the get "other side of the story". Kudo's to the Mayor and other council members for recognizing us.

Except the Police Chief, who became visually agitated when you evil gun carrying folks showed up.  What cracks me up, is the fact that with the exception of the little girl in the 2nd row, most likely all 6 folks directly behind him were carrying concealed.  Maybe, if your so afraid of guns, you take up a different profession.......

I almost took offense to his attitude.  I was not in the least bit concerned with the open carry folks.  But, that's what you get when you spend more trigger time in a month than most local LEO's spend do in a lifetime.  I understand his position, but I don't understand his position.  The folks that he needs to worry about don't attend council meetings or go around open carrying.  But, to each his own. He should have been told that we had his back if something happened.  But, where else can a Chief LEO have that many people covering him.

Of course, that's just my opinion, I could be wrong.

(thanks to you VACDL folks for coming up, and thanks again to Jim and crew.)

From the latest WVCDL Alert - the Ranson AAR:

1. WVCDL THANKS RANSON CITY COUNCIL FOR DROPPING PROPOSED GUN BAN

Last night, several WVCDL members and unaffiliated members of the general public appeared at the Ranson City Council meeting to personally thank them for dropping their plans for a city property gun ban and commend their rapid response to our concerns.

WVCDL Vice President Keith Morgan drove from Charleston to Morgantown and rode with me to Martinsburg. Originally, WVCDL Treasurer Leonard Roman planned to join us but was unable to do so because of a last-minute change in his work schedule. We met and began our trip at about 1 PM yesterday.  We unloaded our guns, separately locked our unloaded guns and their ammo for the 112 miles of our trip that took us through the People’s Republic of Maryland, and drove to Martinsburg.  The I-81 southbound West Virginia Welcome Center is just past the Potomac River Bridge, where we stopped to, among other things, resume normal carrying.

The Ranson City Council met at the cozy and intimate Ranson City Hall and had a light agenda. A standing-room-only crowd was in attendance—most of whom were present to speak or at least be seen in support of our right to carry. We would like to thank VCDL member Ian Branson for recording the public comments and making them available online (see links below).

After WVCDL members Jim Miller and Melinda Meador—who arrived before Keith and I—yielded to me to speak first, I thanked Mayor David Hamill and members of the city council and briefly discussed the state preemption law.  Some of our supporters (including several VCDL guys who made the trip from Fairfax County) chose to open carry, some carried concealed, and others I did not ask.  Mayor Hamill and the council members were very receptive to us and could not have been nicer.  At one point, Mr. Branson, who chose to OC, and the police chief had a polite but somewhat tense discussion about Mr. Branson’s choice to legally OC at the meeting.  There is some discussion of this issue on the OpenCarry.org forum at opencarry.mywowbb.com/forum56/12170.html.  I would like to note that although individuals who wish to address the council are normally required to register prior to the meeting, Mayor Hamill graciously opened public comments to anyone who wished to speak.

This brings me to an issue about which I am often asked.  WVCDL does not make specific recommendations about whether or where to carry other than these decisions are personal choices that should be informed by good judgment, common sense, and knowledge of the law.  Although I did not poll everyone present, it’s fair to say that all three lawful choices with respect to the question of whether to carry were represented among the audience.  Some people legally open carried.  Some people legally carried concealed.  Other did not carry.  WVCDL supports and stands for the rights of all three groups.

Since OC is less common in West Virginia than Virginia, tonight was an educational experience for some individuals who were not familiar with OC.  Not only is OC legal in West Virginia, it is the only way visitors to our state who do not live in one of the (now) 14 states with which we have concealed carry reciprocity or young adults 18, 19, or 20 years old (who are not allowed to get a concealed handgun license or carry concealed with a reciprocal state’s license) may legally carry a gun in this state.  Unlike Virginia, we have never had to deal with laws restricting concealed carry but allowing OC in certain locations (such as restaurants).  Also unlike Virginia, there have not been significant incidents of police harassment of individuals who OC and I hope this will remain the case.

Mr. Branson has made the video of our comments to the council available online in both a high-definition format at http://vimeo.com/1267360 and standard format at www.youtube.com/watch?v=PgXFix7XwKA.  We will soon post these links on our web site (www.wvcdl.org).

After the council meeting, several of us in attendance greeted and spoke with Mayor Hamill and individual council members.  Council member Howard Shade and I had talked for several minutes about concealed carry laws (he has a CHL and is interested in reciprocity issues) and the Castle Doctrine bill that was enacted this year.  Many who attended the meeting gathered on the porch outside Council chambers for conversation and fellowship following the meeting.  Keith and I had to leave around 8:30 PM to begin our trip back to Morgantown.  We stopped at the BP at the I-81 Falling Waters/Marlowe exit for gas and to unload and lock up everything for our 112-mile return trip through Maryland.  Our next stop was the West Virginia Welcome Center on I-68 at Hazelton, Preston County, around 10:45 PM.  We returned to Morgantown around 11:15 and Keith continued to Charleston in his car.

I want to thank all who attended and urge everyone who has not done so to join WVCDL and keep the momentum going.  Our membership application is available online at www.wvcdl.org/Membership.html.


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2. RANSON MEETING IN THE NEWS



www.herald-mail.com/?module=displaystory&story_id=197708&format=html

July 2, 2008

Gun rights advocates bear arms to thank Ranson City Council members

By DAVE McMILLION ([email protected])

RANSON, W.Va. — At least four people carried exposed handguns into a Ranson City Council meeting Tuesday night when a group of gun rights advocates showed up to thank council members for dropping a proposed law that would prohibit guns at city recreation areas.

At least one other member of the group was carrying a concealed gun under a permit that allowed him to do so.

Ranson Police Chief Bill Roper, who appeared obviously tense, stood up when several gun rights advocates - one of them armed - approached council members to speak.

In an exchange with gun rights advocate Ian Branson of Vienna, Va., Roper said situations have arisen in which officials such as city managers have been shot in public areas.

Branson said not everyone who carries a gun is a criminal.

Roper he had no idea who in the group might have been dangerous.

"That's why I'm standing up," Roper said.

Roper said after the meeting that he thinks the gun rights advocates went too far by carrying guns.

"What protection do you need in a government process?" Roper asked.  [JM:  The same reason as anywhere else.]

Under West Virginia law, anyone can carry a gun if it is exposed, Roper said. [JM:  Any adult who is not prohibited by federal law or state law (West Virginia Code § 61-7-7 is similar to 18 U.S.C. § 922(g)) from possessing a firearm is not subject to a prohibition or licensing requirement to OC.  Prohibitions on carrying by minors or prohibited possessors still apply, as do laws against the unlawful use of weapons.] Concealed weapons can be carried, but officials must approve of permits to have them.

Council members considered banning people from bringing guns to city recreation areas after someone recently brought a gun to the Charles C. Marcus Field behind The Marketplace at Potomac Towne Center along the Charles Town Bypass.

Although the man had a permit to carry the gun, state law allows the city to pass a law prohibiting guns to be brought to public facilities, Mayor David Hamill said.  [JM:  Although the Legislature could have more clearly written the preemption statute, we maintain cities have no power to enact any firearm restrictions not grandfathered under the law. Regardless of what happens in other cities, we do need to enact a stronger preemption law next year.]

City officials were concerned about the safety of people, particularly children, at public facilities, councilman Duke Pierson said.

Word spread among gun rights advocate groups about Ranson's proposal and at least a dozen gun rights advocates showed up at Tuesday's meeting.

Jim Mullins, president of the West Virginia Citizens Defense League, said during the meeting that he faxed a letter to city officials expressing his concern about the proposed law.

Gun rights advocates believe in the right to protect themselves with firearms and that extends to public areas, especially since taxpayers own those facilities, said Mullins, who was carrying a concealed weapon.  [JM:  Only when asked did I say so.]

Mullins, of Morgantown, W.Va., thanked council members and Hamill for dropping consideration of the law. Also attending the meeting was Pete Morgan of Charleston, W.Va., who is the vice president of the West Virginia Citizens Defense League.  [JM:  That’s Keith Morgan.]

Mullins said after the meeting that he had a permit to carry the concealed weapon he had.

Hamill said city officials did not realize the potential impact of the law, and that they lacked sensitivity to the issue.

Roper said he thinks the issue still needs to be examined.

Lyle Seigel of Bunker Hill, W.Va., told council members their proposed law was a "bad ordinance."

"I have a (gun) permit and I keep that up to date," said Seigel, a member of the National Rifle Association.

In response to Roper's criticism that the gun rights advocates went too far in bringing guns to the council meeting, Branson said after the meeting that those doing so only were demonstrating how it is a right in the United States.

"We're trying to demystify the practice," said Branson, who had an exposed handgun tucked in his waistband.

Branson said a community in another part of the country passed a law similar to the one that Ranson was considering. Then during a meeting in that community, a man came to a town meeting, shot a bailiff, then started shooting town officials.

"Gun bans don't stop criminals," Branson said. "They don't care about them."

We unloaded our guns, separately locked our unloaded guns and their ammo for the 112 miles of our trip that took us through the People’s Republic of Maryland, and drove to Martinsburg

Someone tell Mullins they weren't legal during the trip through Maryland. Their destination was not one of the legal destinations allowed by Maryland law and their destination wasn't another state so they weren't covered by FOPA either.

Sucks, but it's true.

MD code
§4-203. Wearing, carrying, or transporting handgun.

(a) Prohibited.-

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;


(b) Exceptions.- This section does not prohibit:


(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;


I have a sticked thread in the Maryland HTF with the entire code if anyone needs to read it.

What you can do is drive into either VA or PA during each segment of the trip through MD, and you'd be covered by FOPA.

eta- sent him an email

Quoted:

Just one of the many reasons I avoid that state as much as possible: I do no business within its borders walls, and do my best to rarely visit family members living voluntarily unarmed held hostage there.

You folks that can stomach it, for the most part, deserve it.

And he spelled republic wrong...it's spelled RepubliK, like Kalifornia, Little Kalifornia or Kalifornia East.

Of course, that's just my opinion.  You could be wrong.

MD. Talk about violating the 2cd ammendment of the US Consitution, "To Bear Arms."

Anyway I wish I was able to be at the Ranson meeting. I apologize all of you for my lack of support. I actually worked until dark.

StagPower

height=8

Quoted: MD. Talk about violating the 2cd ammendment of the US Consitution, "To Bear Arms." Anyway I wish I was able to be at the Ranson meeting. I apologize all of you for my lack of support. I actually worked until dark. StagPower

With the recent Supreme Court decision, It wont take long for MD to be challenged on thier gun laws...