Martinsburg WV...Public Gun Ban

[chesire17201]

Apparently Philly isn't the only city that doesn't seem to understand what PREEMPTION means...

http://your4state.com/content/fulltext/?cid=26111


Advocacy Group Challenging Ordinance Banning Guns In Public.

MARTINSBURG, WV - A pro-gun group wants to do away with a Martinsburg law that bans guns in city buildings, but city officials intend to keep the rule in place.

As a gun owner and owner of Shep's Sporting Goods store in Martinsburg, Brad Sheppard believes in the right to bear arms.

"If a person has a right to carry a gun for their protection, then they should be allowed to do so," he said.

On the other hand, he also understands Martinsburg's ordinance that says people can't carry a firearm or other deadly weapon into a building owned, leased, or controlled by the city.

He added, "I feel as though there are places you shouldn't take guns. You know, of course normal places like courthouses, schools."

The rule has been in effect since 2005, but there's one aspect of the way the ordinance is written that city officials want to change.

Currently it says people can't carry guns on any "public property" or in a building owned, leased, or controlled by the city. City manager Mark Baldwin tells NBC25 they want the language of the ordinance to more clear by taking out the phrase "public property" to avoid confusion.

But no matter how it's written, members of the West Virginia Citizens Defense League (WVCDL) say the ordinance violates a state statue.

"Neither a municipality, nor its governing body may limit the right of a person to possess, carry, transport, sell, purchase, and several other activities with respect to firearms," said Jim Mullins with WVCDL.

The organization wants Martinsburg to repeal the ordinance. Mullins says they believe municipalities in West Virginia don’t have the authority to pass firearms restrictions if it wasn’t in effect before 1999.

Members will speak at the city council meeting.

City officials are hoping to make a final decision on changing the ordinances' language.

The meeting starts Thursday at 6:30 p.m. at Martinsburg City Hall.

[headcase]

Good post. They should be able to get it repealed, as it violates the state statute. What I find most disturbing, is this attitude that seems to be prevalent among not only gun owners themselves, but supposed 2A supporters(like the opinion writer for the Heller decision), that there are places you just shouldn't be able to carry a firearm. WTF is it with these people? While my own personal belief is that there should be no restrictions on firearm ownership, what so ever, I get the no nuclear weapon type arguments, but places? The only places a firearm should not be allowed, are places where the discharge of one could be deadly in and of itself. A place such as a facility where there are explosive vapors would qualify. A place that holds dangerous biological specimens in containment would also be on the list. But this nonsense about courthouses and schools being A-OK places to ban the possession of firearms makes me sick.

[WVneighbor]

I realize this thread is a bit old, but I just saw it. A little update .... The measure passed. It is illegal to carry, in any fashion, in buildings owned by the city of Martinsburg. The city lawyer said he was not concerned about a violation of the states preemption statue basically (as I understand it) because the law deals with the City of Martinsburg as if it were a property owner. Kind of in the way the owner of a strip mall might make the same restrictions.

Our state representative attended the meeting and commented that this action, by the City of Martinsburg, is exactly why the legislature passed the prememption statute. Apparently the city thinks it can make its own rules up as it goes along.

That is how I understand it and I may very well be understanding it incorrectly.

But, as it stands right now, it is illegal to carry, OC or CC, in ANY building owned by the city, this includes police, courthouses, administrative office buildings, fire departments and probably a few others I cant think of right now.

[gnbrotz]

Do you know if the WVCDL has any intentions of pressing the matter in court?

[chesire17201]

Originally Posted by gnbrotz

Do you know if the WVCDL has any intentions of pressing the matter in court?

I would hope so, as this is almost as bad as DC's ban, it wouldn't be a hard push for them to say that since this works so well that the ban should apply to ALL PUBLIC places, i.e. city parks, fairs, etc..

headcase pretty much summed up my opinion as well.....

[WVneighbor]

Originally Posted by gnbrotz

Do you know if the WVCDL has any intentions of pressing the matter in court?

At the moment, it doesn't appear so. The latest update I read mentioned trying to strengthen the wording of the preemption statute itself in the next legislative session. There may be things going on I'm not privy to, so if anyone is interested in following this, or WVCDL in general you can go to www.WVCDL.org and sign up for their alert e-mails.