US judge refers gun control lawsuit to W.Va. court (WV)
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Bruce Jackson
Oct 10, 2012, 12:19:49 PM10/10/12
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http://www.mariettatimes.com/page/content.detail/id/254258/US-judge-refers-gun-control-lawsuit-to-W-Va--court-.html?isap=1&nav=5019
http://tinyurl.com/9n27ckc
US judge refers gun control lawsuit to W.Va. court
September 28, 2012
Associated Press
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CHARLESTON, W.Va. (AP) — West Virginians who want to carry guns on
city property and challenge other municipal firearms ordinances as
unconstitutional must first bring their cases to state court, federal
judges have ruled, but the future of these legal challenges appeared
unclear Thursday following the death of the gun rights advocate and
lawyer who helped file them.
U.S. District Judge John T. Copenhaver Jr. has redirected a lawsuit
against Charleston, Dunbar and South Charleston, as a number of its
allegations invoke the West Virginia Constitution and state law. His
Sept. 20 ruling follows one by U.S. District Judge John Preston Bailey
that similarly referred claims against Martinsburg to state court last
year.
Each judge concluded that the lawsuits could return to federal court
with any issues left unresolved. The 4th U.S. Circuit Court of Appeals
upheld Bailey's approach to that case in June.
Copenhaver's ruling also dismissed a dozen of the arguments against
Charleston's ordinances. Three sought to allow firearms at the
Sternwheel Regatta festival, which no longer exists. The others
challenged the capital city's ban on handgun sales involving people
who have received voluntary mental health treatment or have any
criminal charges pending.
Copenhaver found that those bringing that lawsuit failed to show the
necessary personal stake to press these claims. He left intact more
than two dozen allegations. Several target Charleston ordinances that
require a 72-hour waiting period for a handgun purchase and then limit
them to one per month. They also challenge each municipality's ban on
weapons on its property.
The judge explained why he found the plaintiffs had standing to pursue
those claims.
"If the court concludes that no credible threat of prosecution exists,
it all but invites the individual plaintiffs or others to enter
city-owned property with a firearm in order to figuratively gain entry
to the federal courthouse," his ruling said. "That approach is
problematic for a variety of reasons, not the least of which includes
public safety."
The West Virginia Citizens Defense League filed both lawsuits, aided
by individual gun rights advocates and a firearms dealer in the
Kanawha County-aimed lawsuit. But how these challenges will proceed is
unclear following the death of James Mullins, the league's founder and
its lawyer in both cases.
The 30-year-old had also lobbied the Legislature, seeking to allow
guns at the Capitol, and ran unsuccessfully for the state Senate as a
Republican in 2010. After recently moving to Virginia, with plans to
advocate on gun issues there, Mullins died of a heart attack late last
month, according to an obituary posted online by the Virginia Citizens
Defense League.
Copenhaver noted in his ruling that Mullins' death had complicated
efforts to provide notice of his legal findings. Others involved in
Mullins' West Virginia group did not respond to requests for comment
Wednesday and Thursday. The circuit courts for Kanawha and Berkeley
County had no cases filed by the group as of Wednesday, nor did the
state Supreme Court.
The West Virginia Citizens Defense League also helped to file a
lawsuit against Wheeling after a December 2010 run-in between city
police and Keith Campbell and his father, Larry Campbell. The pair was
eating at a fast food restaurant when they allege officers harassed
them over the semi-automatic pistol that Keith Campbell was carrying
openly in a hip holster. U.S. District Judge Frederick P. Stamp Jr.
dismissed the Campbells from that case Aug. 28, citing an out-of-court
settlement. But Stamp has also threatened to dismiss the league's
claims after it failed to provide testimony as required in May or
otherwise take part in the case.
--
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http://tinyurl.com/9n27ckc
US judge refers gun control lawsuit to W.Va. court
September 28, 2012
Associated Press
Save | Bookmark and Share
CHARLESTON, W.Va. (AP) — West Virginians who want to carry guns on
city property and challenge other municipal firearms ordinances as
unconstitutional must first bring their cases to state court, federal
judges have ruled, but the future of these legal challenges appeared
unclear Thursday following the death of the gun rights advocate and
lawyer who helped file them.
U.S. District Judge John T. Copenhaver Jr. has redirected a lawsuit
against Charleston, Dunbar and South Charleston, as a number of its
allegations invoke the West Virginia Constitution and state law. His
Sept. 20 ruling follows one by U.S. District Judge John Preston Bailey
that similarly referred claims against Martinsburg to state court last
year.
Each judge concluded that the lawsuits could return to federal court
with any issues left unresolved. The 4th U.S. Circuit Court of Appeals
upheld Bailey's approach to that case in June.
Copenhaver's ruling also dismissed a dozen of the arguments against
Charleston's ordinances. Three sought to allow firearms at the
Sternwheel Regatta festival, which no longer exists. The others
challenged the capital city's ban on handgun sales involving people
who have received voluntary mental health treatment or have any
criminal charges pending.
Copenhaver found that those bringing that lawsuit failed to show the
necessary personal stake to press these claims. He left intact more
than two dozen allegations. Several target Charleston ordinances that
require a 72-hour waiting period for a handgun purchase and then limit
them to one per month. They also challenge each municipality's ban on
weapons on its property.
The judge explained why he found the plaintiffs had standing to pursue
those claims.
"If the court concludes that no credible threat of prosecution exists,
it all but invites the individual plaintiffs or others to enter
city-owned property with a firearm in order to figuratively gain entry
to the federal courthouse," his ruling said. "That approach is
problematic for a variety of reasons, not the least of which includes
public safety."
The West Virginia Citizens Defense League filed both lawsuits, aided
by individual gun rights advocates and a firearms dealer in the
Kanawha County-aimed lawsuit. But how these challenges will proceed is
unclear following the death of James Mullins, the league's founder and
its lawyer in both cases.
The 30-year-old had also lobbied the Legislature, seeking to allow
guns at the Capitol, and ran unsuccessfully for the state Senate as a
Republican in 2010. After recently moving to Virginia, with plans to
advocate on gun issues there, Mullins died of a heart attack late last
month, according to an obituary posted online by the Virginia Citizens
Defense League.
Copenhaver noted in his ruling that Mullins' death had complicated
efforts to provide notice of his legal findings. Others involved in
Mullins' West Virginia group did not respond to requests for comment
Wednesday and Thursday. The circuit courts for Kanawha and Berkeley
County had no cases filed by the group as of Wednesday, nor did the
state Supreme Court.
The West Virginia Citizens Defense League also helped to file a
lawsuit against Wheeling after a December 2010 run-in between city
police and Keith Campbell and his father, Larry Campbell. The pair was
eating at a fast food restaurant when they allege officers harassed
them over the semi-automatic pistol that Keith Campbell was carrying
openly in a hip holster. U.S. District Judge Frederick P. Stamp Jr.
dismissed the Campbells from that case Aug. 28, citing an out-of-court
settlement. But Stamp has also threatened to dismiss the league's
claims after it failed to provide testimony as required in May or
otherwise take part in the case.
--
Have you remembered to sign up for the VA-ALERT yet? If so,
are you enjoying it? If not, what are you waiting for? It's FREE!
just click
http://www.vcdl.org/va-alert.html
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