CHARLESTON, W.Va. — State Attorney General Patrick Morrisey has filed a motion to intervene and a motion to dismiss in Kanawha County Circuit Court on the City of Charleston’s lawsuit dealing with new state gun legislation.

Last month, after Gov. Earl Ray Tomblin signed SB 317 into law, the City of Charleston filed a lawsuit in Kanawha County Circuit Court asking for a declaratory judgment.  City officials were seeking clarity on the portion of the law dealing with instances when people with concealed carry permits take their guns into city recreation centers.

In his filings on Thursday, Morrisey argued the lawsuit violates a rule of court procedure because Charleston has not named an opposing party in the lawsuit.

“In this lawsuit, it is the City of Charleston versus no one,” said Morrisey.  “The City may have questions regarding the new law, but this is not the correct method to seek those kinds of answers.”  In the motions, the AG also argued Charleston cannot seek a judge’s opinion on laws that are not being contested by two parties.

“If the City is allowed to proceed with this case, anyone in the state who doesn’t like a law could file a similar action, burdening our courts and doing great damage to our legal system,” he said.

The provision in question said a municipality cannot keep a person with a valid concealed carry permit from carrying a lawfully owned firearm into a municipally owned recreation facility and “securely storing the firearm out of view and access to others during their time at the municipally owned recreation facility.”

For those with the National Rifle Association, “securely storing the firearm out of view” includes a person carrying it on himself or herself, but others have disagreed with that interpretation.

Additionally, Charleston officials have said rec centers are really schools because they have Head Start and afterschool programs.

The law does let cities enact and enforce ordinances that prohibit or regulate the carrying or possessing of firearms in municipally owned or operated government buildings.

Overall, SB 317 takes guns out of the Home Rule process and, instead, limits all municipalities to regulations defined already in state and federal gun laws.  Supporters said it brings more uniformity to gun regulations across West Virginia.

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Comments

  • sammy

    Hail Patrick Morrisey!

  • The Truth

    Thank you Mr.Morrisey for standing up for the citizens of WV, against the tyranny of a self proclaimed king.

    Please continue demonstrating that you are not one of the entrenched elite political establishment in WV.

  • Wowbagger

    I strongly suspect that this issue is more about Michael Bloomberg testing the waters of influencing West Virginia politics through Danny Jones, a new member of Mayors Against Illegal (and legal) Guns than it is about public safety.

    West Virginians beware of New Yorkers attempting to buy West Virginia again!

  • Gary Karstens

    Less guns please.

    • The Truth

      Grateful for the Gary Karstens of the world ... makes the rest of us look smart.

    • BS

      Less Gary Karstens please

    • Independent View

      Gary Karstens:
      In your Monday posting you were railing against MetroNews, ranting that it is not fair and balanced reporting and if you want fair and balanced reporting you would read the Gazette.
      So, the question is why are you still reading MetroNews and posting here?
      You sir, are a drop of water in an ocean of sameness!

    • Silas Lynch

      Less government please.

    • Aaron

      No one is forcing you to own a gun.

  • Independent View

    Go Patrick Go!!!
    A cooler head has prevailed. You have answered Danny Jones' self-created hysteria and childish rants in the best way possible.
    Thank you Mr. Attorney General!!!!

  • P B and J

    I thought Dumb Dumb Danny had his legal team working hard on fighting this Bill. Shouldn't the dream team have picked up on this from the start??? Law 101

    • Silas Lynch

      They (henchmen) were distracted while trying to exact revenge on a political foe in their County.

  • The bookman

    No fear, Morrisey. I bet a
    Silas is smiling!

  • BS

    In your face Danny Jones