Tuesday, October 25, 2011

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.

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