This was posted in the WVCDL Facebook group today:
4/10/2017 UPDATE ON PEACEMAKER NATIONAL TRAINING CENTER LAWSUIT
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Many of you have been following the “nuisance” lawsuit filed by a California tort lawyer against Peacemaker National Training Center in Berkeley County (Civil Action No. 15-C-520). As you might recall from our prior email address, WVCDL has been closely monitoring this case. In fact, when an expansive discovery request was granted by Berkeley County Circuit Court Judge Gray Silver, which threatened to turn over reams of sensitive and confidential information pertaining to customers and guests of Peacemaker National Training Center, WVCDL filed a “Motion to Intervene” on behalf of our many members who have trained at the facility and all gun owners throughout West Virginia. This motion sought to further challenge the discovery order in this case and in doing so prevent future parties from attacking the sensitive data of other West Virginia range facilities and/or firearms dealers.
In the interim, we worked very hard to get SB575, which protects West Virginia range facilities against these type of civil suits, through the legislature and onto the desk of Governor Justice. While our Motion to Intervene was filed before the Court as early as mid-March, we still have yet to be granted a hearing on it (which is unusual). In fact, it is our understanding that pursuant to the discovery order issued by Judge Silver, the plaintiffs have begun to search through some of the sensitive data.
Today, we received word that Judge Silver has recused himself (withdrawn from the case and assigned it to another judge). The judge cites some negative attention from gun rights advocates as his reasoning but it is also certainly interesting to note that this recusal motion was filed on 4/4/2017 – the precise date that the Senate concurred with the House and passed SB575.
It is our position that this lawsuit as a whole is baseless under West Virginia law and without merit. Furthermore, we continue to strive to protect the personal confidential information of West Virginia gun owners. Our fight to defend firearm rights does not end with the legislative session wrapping up. It is a year-round struggle and one that spans all fifty-five West Virginia counties. Given that hearings in the Peacemaker National court case are open to the public, we may be asking members to attend if they are able to do so.
Please stay tuned for details. In the meantime, please call Governor Justice at 304-558-2000 and ask that SB575 be signed into law. Thank you all for your hard work and continuing efforts.