CHARLESTON, W.Va. — A Kanawha County circuit judge ruled Thursday the City of Charleston can continue its fight to keep guns out of city-owned recreational centers that host school activities like Head Start.
In a series of rulings, Judge Jim Stucky denied various motions from the city and the West Virginia Citizens Defense League with the end result being the city’s opposition to the state’s new gun law when it comes to rec centers is still legally alive.
Charleston Mayor Danny Jones raised the rec center issue earlier this year after the state legislature passed a law that took the power away from municipalities to ban guns on most of the property they own.
Judge Stucky said while an existing law empowers Charleston and other cities to prohibit firearms on a school bus or school property, the new law seems to create a conflict.
“Accepting as true the City’s allegations that its recreation centers’ buildings, structures, facilities and grounds are used for public or private primary or secondary education, for secondary vocational education programs, and for school-sponsored functions, the City pursuant to W.Va. Code 61-7-11a can, and indeed must enforce state law to prohibit persons from possessing firearms or any other deadly weapons at its recreation centers where school activities take place,” Judge Stucky wrote.
The WVCDL argued the new law allows for residents with conceal carry permits to bring guns into rec centers as long as they have the guns secured. There’s been an argument over whether the guns can be secured on a person or in a locker.
Judge Stucky denied WVCDL’S motion that the city’s ordinance was unenforceable. The organization’s attorney said the ruling means more factual evidence will be brought forward. The judge also denied the city’s attempt to have the league’s complaint against it dropped.
Mayor Jones told MetroNews Thursday evening there’s still a long way to go in the fight but at least the city’s case can move forward.
“We think this is a victory but we know there is still a long way to go. That law has been flawed from the outset because of the conflict between the two laws,” Jones said.
The mayor said the city would continue to prohibit guns in its rec centers.
“If we find somebody with a gun in there we are going to arrest them,” Jones said. “It’s a felony to carry a gun in a school and we believe those are schools.”
The mayor said at best state lawmakers need to rewrite the law they passed earlier this year.