West Virginia –-(Ammoland.com)- Finally, after more than four years, the WVCDL's suit against the City of Charleston has been decided, to include the suit filed by the City of Charleston, against the WVCDL. Yes. We have the honor of being the only civil rights organization, that to my knowledge, that has been sued by a city in West Virginia.
WVCDL members that are Charleston residents, your own city government sued you.
But it has been resolved.
The full text of the ruling can be found here.
High points of the ruling:
- The illegal portions of Charleston's ordinance banning firearms at: “… all parks and recreation buildings and facilities, including recreation centers, playgrounds, swimming pools, dressing areas, tennis courts, parks and recreation areas and all parking facilities …” is null and void.
- School property remains off limits (excepting pickup and drop off per SB388), and any property to which the school systems hold deed, title, or lease, is a felony. This includes the Martin Luther King, Jr. Recreational Center.
- Definition of the term “securely stored:” “… as being on one's person and in a holster, purse, or bag so as long as the weapon remains attached to the individual, firmly adhered to one's body, and is not freely placed.” (This is big precedent.)
Meat of the ruling: “This court does hereby further find that if the municipal recreation center is not leased or used by the Board of Education for school activities, events, or functions, then individuals with a valid license to carry a concealed weapon may carry their lawfully possessed firearm into said premises so long as the firearm is securely stored, out of view and access to others as prescribed by W. Va. Code 8-12-5a. The phrase “securely stored out of view and access to others” is interpreted by this court as being on one's person and in a holster, purse, or bag so as long as the weapon remains attached to the individual, firmly adhered to one's body, and is not freely placed. Storing a firearm within the confines of one's locker or gun case is also acceptable, so long as the locker or case is locked and secured by key or combination. The City of Charleston is under no obligation to provide locks and/or cases for such storage.”
It's been a four year battle, and it does not just affect Charleston. Every city in West Virginia now has a ruling prohibiting their ability to disarm us in these facilities. This is a major legal victory for West Virginia's gun owners. Your dues funded this suit, and brought this victory. This victory sets legal precedent statewide.
Montani Semper Liberi