Unloading on the Proposed Gun Law

Larry,

 I have to unload and hideout my concealed weapon every time I go to the same place for permits. Technically no firearms are allowed on any government facility. That may only apply for the second floor. Just FYI. I'm against any further restrictions on firearms. I would like all states to receive all CCW permits. However the "free state" (a.k.a. the "police state") is not one of them.

Greg

Notice: See the "County Prosecutor Wants Gun Law" entry.

Legislative Leader's Rebuttal on Proposed Gun Law

Larry:
I addressed this to you so you could pass the info along to your constituents in the manner you see fit rather than it coming from me.

The safe schools act (WV code 61-7-11a, et seq) to which your prosecutor addresses her concerns is not meant to cover higher ed at all.

When the bill was drafted (circa 1996?) great care was taken to limit its effects as much as possible. It is arguably unconstitutional in light of the US Supreme Court decision Lopez from a few years ago. And recent 2nd amendment rulings.-Just depends on who sits on the court at the time.

The mountaineer exception that the prosecutor identifies is not meant to imply some covert intent to apply safe schools to higher ed. It is meant to allow the WVU mountaineer to visit public ed schools around the state and bring the musket. Without the exception, the mountaineer would commit a felony just for showing up with the musket-even if the flint and black powder were left at home.

(Name Redacted upon Request of Writer)

Notice: See the "County Prosecutor Wants Gun Law" entry.

Attorney Rebuts Prosecutor on Proposed Gun Law

As both the attorney for Joshua Beck, who was falsely charged (Ms. Neely's office dropped the charges today, to her credit) with carrying a gun on school property for 2 alleged incidents of carrying a gun on the Blue Ridge Community and Technical College Campus, and the legislative director and general counsel for the West Virginia Citizens Defense League <http://www.wvcdl.org/> , notwithstanding her correct call on the law as it presently exists, I highly resent this anti-gun hypocrite's expenditure of taxpayer time and resources to push for a further erosion of our liberties. She needs to be driven out of office in next year's election based solely on her view that those of us who choose to exercise our constitutional rights suddenly become a grave danger to society by setting foot on a college campus—and a double danger if we're lawfully concealing the gun. Sarah Brady couldn't have been more shrill. Any legislator who introduces this absurd bill similarly deserves to see the premature termination of his or her political career—which will be greatly aided if the NRA assigns said legislator(s) an unforgivable F rating, as should be the case given the NRA's expressed support for the right to carry on campus.

On the contrary, House Bill 3125 <http://www.wvcdl.org/WVCDLbills/WVGOPA2011.html> of the 2011 Regular Session, which Delegate Kump cosponsored, would have driven a wooden stake through the heart of all these useless, feel-good campus gun ban policies to which Ms. Neely refers. Moreover, I believe these policies can be overturned under existing law. Specifically, W.Va. Code § 61-7-4(r) <http://www.legis.state.wv.us/WVCODE/code.cfm?chap=61&art=7> , which was added to the statute in 2008, provides: "Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state." Because no provision of West Virginia state law restricts or prohibits the possession or carrying of a firearm on a college campus, W.Va. Code § 61-7-4(r) preempts any policy of any state institution of higher education that prohibits a licensed individual from carrying a concealed handgun on campus. State courts in Colorado, Oregon, and Utah and the Attorney General of Virginia have reached similar conclusions with respect to similar language in their states' respective concealed handgun licensing laws.

HB 3125, like Colorado's law, would permit campus carry restrictions only in secure buildings that have mandatory metal detector screenings, armed guards, and free, self-service gun storage lockers at each entrance of a secure restricted access area. We as individuals have no legal right to personal protection from the police, even if we're in some public building where we're prohibited from carrying. So-called gun-free zones amount to little more than criminal protection zones that provide a false sense of security to the unsuspecting public.

Larry, stand your ground.

James M. "Jim" Mullins, Jr., Esq.

Notice: Please see the "County Prosecutor Wants Gun Law" entry.

County Prosecutor Wants Gun Law

Notice to Website Readers: Please see below and advise me of your specific thoughts and suggestions regarding Ms. Neely's proposal. [Delegate John Doyle (D-Jefferson County) has advised Ms. Neely that she is "absolutely correct".]

-----Forwarded Message-----
From: Delegate Larry D. Kump
Sent: Oct 25, 2011 3:27 PM
To: Berkeley County Prosecutor pneely@berkeleywv.org
Pam,
I am aware of the situation and circumstances, but not comfortable further restricting the rights of gun owners by making it even more of a crime to carry a registered weapon.
However, I will study the law to see if the entire law can be made clearer, but also less assumptive in the restriction of our Second Amendment rights.
Delegate Larry D. Kump

Original Message:
-----------------
From: Pam Neely pneely@berkeleywv.org
Date: Tue, 25 Oct 2011 15:15:32 -0400
Subject:Statutory issue that needs modification

Dear Members of the Legislature and the Senate:
It is has come to the attention of my office that there is a statute which has created some unintended consequences. Almost every educational facility in this state has a written preclusion against the carrying of firearms on their property either by handbook or posting. Often both methods are used. We recently had an incident in Berkeley County, which caused a serious concern about West Virginia Code 61-7-11a. Under West Virginia Code 61-7-11a, it appears to be a crime to carry a firearm onto educational property, but only if it is a "primary" or "secondary"educational facility. It does include "vocational" but only as it related to secondary education. There is no exception for a person with a concealed weapon permit, but law enforcement officers are excepted. The statute excepts the Mountaineer. The higher education statutes have an exception for campus police to carry firearms. Not all schools however have police or a police presence.
The problem we encountered is that a student was carrying a weapon, with a concealed weapon permit, onto a college/technical school campus. He frightened several students and faculty who saw the weapon. Because the statutory language for educational facility does not include language for "post-secondary" "post-secondary vocational or technical" "community or junior college" or "other institutions of higher learning" as is defined under the educational definitions in West Virginia we could not charge that felony. (There may also need to be an exception for a gunsmithing school, a hunter education class, or concealed weapon class, and even perhaps an ROTC class or a military school-some of which do not currently exist in this state). This is very troubling especially in light of the incident at Virginia Tech.
I am a very strong supporter of the second amendment, but there must be some common sense applied here. I can think of nothing worse than people attending an athletic event, living in a dorm, or sitting beside someone in a science class with a firearm strapped to their side or worse, concealed on their person. What happens if that student, parent or other person suddenly becomes angry at the score, the roommate, the party, or even the call on the field? While the use of a firearm may be criminal, so should the presence at this type of facility. I believe this was the intent of the Legislature because of the exception for a college mascot, but the language says otherwise. Let us not have a tragedy on our hands. As a parent of college students, I do not think I should have to worry about making sure they have their books, clothes, laptop and now a 45 caliber weapon in an educational
setting. This statutory error puts higher education students, faculty and administration at risk. Most people have enough sense not to do this, but obviously we have those who do not.
Please address this error as soon as possible and add the words: " post secondary" "post-secondary vocational or technical" "or other institutions of higher learning" to West Virginia Code 61-7-11a. Make an exception for a gunsmithing school, a hunter education or concealed weapon class, a military
school only as it related to official firearms training or classes and ROTC only as to an official firearms training class (actual firing should be on a license or approved range).
I would be more than happy to help write the changes, if one or all of you would push it.
Thank you.
Sincerely
Pamela Jean Games-Neely
Prosecuting Attorney Berkeley County

Conversations about Prisons Built by Taxpayers

Good job Larry!

As always, love your insight.

Building more government prisons isn't the answer!

Perhaps we have too many laws? Too much prohibition?

Keep up the fight!

Former WV Delegate Pat McGeehan
Chairman, Republican Party
Hancock County WV

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Thanks Norwood.

My seventeen years working as a case manager in the Maryland Correctional system convinced me, among other things, that incarcerating folks for non-violent offenses is a tremendous disservice to the taxpayers and has very little to do with justice.

Instead of fleecing taxpayers, we need to take a serious look at all of our criminal offense laws, as one alternative to building more prisons.

Larry

-----Message-----
Larry

Thanks for forwarding this dialogue.

The problems we face as a state need to be discussed and resolutions need to be proposed.

I appreciate your thoughts, especially, on the drug problem.

It makes no sense to incarcerate folks for non-violent crime such as drug use. Let's get beyond that.

We cannot continue to afford to lock up everyone for violations such as these.

And, of course, there are other minor, non-violent, victimless crimes which should not result in jail time.

Keep up the good work.

Norwood Bentley
Berkeley County Legal Counsel

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Larry

I agree.
Perhaps community service should be examined?

Royden P. Gilleo, Maryland Prison Professional

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Brad,

Sadly, the program is that proposal(training inmates fpr employment prior to release) might help give prisoners better job skills upon release (and that will be a big help), but it is not "the" answer to the public pain and expense of overcrowding and recidivism

That answer, I believe, lies in a painful reassessment of the charges that send folks to prison.

Prison is not the answer to the drug offenses that cause the majority of incarcerations, and it is time to move past that "lock 'em up" mentality.

In point of fact, prison incarceration often worsens inmate drug problems.

Larry

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Larry,
It has certainly been too long since we have last talked.

Good luck on the upcoming election.

Regarding regional jail bills, Morgan County can certainly sympathize and appreciate what you are trying to do regarding the alternative sentencing methods of which you speak.

However, the issue is much more serious than folks have led on.

For instance, under the current laws, Morgan County is faced with an estimated regional jail bill of between $600,000 to $800,000 for the fiscal year ending 6/30/2012.

That is over 25% of our total budget and please keep in mind that we only have 17,500 people who live in Morgan County.

This is absurd and in no way is sustainable.

We are currently working on alternative sentencing and it does not seem to help.

The methods we currently use are community service, day report center (Martinsburg), and home confinement.

All of the necessary decision makers have been involved in monthly meetings and are well aware of the problem.

The regional jail system is broke and I am asking for legislation to repair this issue.

If the mandated rates out of Charleston do not change, we will need additional funding from Charleston as this is simply another unfunded mandate.

Otherwise, any assistance or advice would be much appreciated.

I look forward to hearing from you and keep up the good work.

Brad Close
Morgan County Commissioner

WV Candidates File for 2012 Election

Please click on the underlined headline below for a direct link to the newspaper story:

Panhandle residents test political waters by filing precandidacy papers Source: herald-mail.com At least three Eastern Panhandle residents are testing the proverbial waters on whether to run for statewide office next year by filing precandidacy papers, according to Secretary of State Natalie Tennant’s office.
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