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.