CHARLESTON, W.Va. — The City of Charleston is headed to court to challenge several provisions of the newly passed gun law that would enable people with conceal carry permits to carry firearms into the city’s recreation centers and other city properties.

Attorney Sean McGinley, who represents the city, said people have not considered the kind of argument Charleston intends to make to the judge.

“In my view the legislature has not created some law that allows people to bring guns into a municipally owned recreation center,” said McGinley. “The odd thing they’ve done here is simply tied the hands of cities.”

McGinley argued in an appearance on “MetroNews Talkline” Tuesday lawmakers have caused more confusion than anything with the legislation.

“Why are we encouraging anyone to bring a firearm into these buildings just so they can lock it up?” he asked rhetorically. “It really begs a lot of questions and if the legislature’s goal was to create uniformity and clarity it has failed miserably.”

The city will seek a declaratory judge for a specific part o the bill which enables anybody challenging the city ordinance to have their attorney fees paid by the city. McGinley says they’ll ask a judge for a direction on the matter and move from there.

Ultimately the city believes its rec centers include Head Start and after-school programs, therefore making them De facto schools. A state law on the books already forbids anyone with a gun, knife or other weapon–regardless of their registration status–to have a weapon in a school.

Further clouding the issue is whether the bill requires people carrying a concealed weapon to secure it in a locked locker or whether carrying it on their belts fits the determination of “secure.”

“It’s obvious the way the legislature in its wisdom has chosen to pass this law, it does not give any guidance to what ‘securely storing this firearm’ means,” McGinley said.

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  • ArmedMommy

    They don't have to lock them up. They can be secured on your person as well.

    Why are they so worried about concealed carry permit holders, when Danny himself stated they are already in there illegally? Is he afraid his friends will try to commit a crime and get shot for it?

    Danny should pay attention to what is happening in Chicago since Illinois changed their stance on guns. Crime has plummeted.

  • my thoughts

    i believe that anyone that takes the time and money to go to the classes and then pay the 125 dollar fee for the permit are not the ones that are going to be looking to rob people.
    guns are already in these facilities as the criminal does not care what laws are passed or what Danny Jones says.
    I bet he is packing heat wherever he goes

  • RB

    When I worked in the city of Charleston I used to walk to lunch and after lunch for exercise. After I got my conceal carry permit I went to a gun store and the guy waiting on me was also a Charleston City policeman. I told him about walking in the city and where I walked and he said I was crazy for walking around without a gun. He said that he wouldn't walk any where in Charleston without a gun. So Mayor Jones even your police don't feel safe in Charleston.

    • Paul

      I walk around my home town of Charleston every day with no gun and no need for a gun.

      It is ludicrous to say that every person in Charleston needs to be packing heat. Totally crazy. Get a grip.

      • Jason412


        Did you not know Charleston is the most dangerous city in America? It had 1 murder all of last year, I know it's hard to believe it could be such a high number. Move over Chicago and Detroit, Charleston is going to top the Most Dangerous City list this year.

        • ArmedMommy

          Crime is rampant in Charleston and Martinsburg, plenty of stories every day regarding some criminal with a gun robbing innocent people of their belongings.

          Just because there was "one murder" doesn't mean it isn't crime ridden and people don't need to carry a gun.

          Concealed permit holders aren't the ones to worry about, its the criminals on the streets committing crimes with guns.

    • Teufel

      That's good enough reason for me.

  • Pickle Barrel

    Danny Jones is more concerned about how a 17-year old employee at a recreation center asks someone to leave their gun in their vehicle than cleaning up the snake pits of the West Side and the Transit Mall. My suggestion to reduce gun crime in Charleston is to have Charleston Police implement stop-and-frisk like Rudy Giuliani did in New York City. Crime dropped significantly.

    • Jason412

      The crime drop in NYC is attributed more to the entire "Broken windows" theory style of policing than just stop and frisk, which is just one part of the broken windows policing.

      Philly has stop and frisk, they have not seen a significant crime drop.

  • Imgrill

    The fact that anyone would even consider taking a gun into a rec center is proof of not being fit to carry a gun.

    • ArmedMommy

      Because no criminal would be in a place where kids are with their gun wanting to commit a crime.

      Sandy Hook, Columbine, Virginia Tech would disagree with you.

    • Jim

      I don't think very many would feel the need for one while inside (though I do not favor a needs test for exercising constitutional rights either). The walk to and from the rec center is another matter. Where does it say in the constitution that the government needn't acknowledge our rights while we are on government property?

  • Uncle Unctuous

    If this was an Irwin Allen-produced disaster movie from the1970's, the commenters would play the parts of overwrought, shrieking women who have to be slapped back to their senses by an ascot-wearing, leisure suit-clad Charlton Heston.

  • The Answer

    Hey cry baby Danny how many shootings has your city had in the last month..
    And you idiots wonder why honest law biding people want to carry in your city..
    Still looking for those free garbage bags up Elk River way ....

  • Indpendent View

    Yadda, yadda, yadda. Spend another 60k of residents' tax money in lawyer's fees chashing your collective tails Danny, Councilman Lane and Council.
    You, Danny Jones, ignored the Home Rule Law passed by the 2013 Legislature that mandated municipalities recind firearms laws and you spent 60k fighting an injunction petition to force you to follow the law and you still continued to ignored it. Strange, that it had nothing to do with the kids during that time period, but now it does? Then, you grandstand in the media offering to recind your minicipal firearm ordinances--not all, just two and act as though you were willing to compromise. It was just pure showboating because you had nothing to bargin with as you chose to ignore a law made effective by the 2013 Legislature and even thumbed your nose at it. Oh, but now, even though you ignored the 2013 law, now you want that same law to rule in your favor.You have now run out of excuses Mr. Jones.
    You sir and your Council of Lemmings led by Mr. Lane are an absolute disgrace to the residents of this state!
    If there was ever a reason for a recall election, you Mayor are the poster boy for it.
    It is not, nor has it ever really been about kids. It's all about egos!

  • Kevin

    This dude needs to figure out the spell check feature on his computer. Terrible writing.

  • bill

    why don't you losers in Charleston gov. quit trying to take law biding citizens gun rights from them. the criminals are not going to abide by your ignorant gun laws. taking law biding citizens rights is not going to take your horrible crime rate down.