Shallnotbeinfringed
Regular Member
There are several inaccuracies on this page:
http://www.opencarry.org/?page_id=314
Specifically:
Preemption Complete State Preemption of All Firearm Laws except those ordinances that were in effect at the time preemption was passed.
NOTE: Almost all states allow local regulation of the discharge of firearms.
This is no longer true. With the passage of SB317 last year, all grandfathered ordinances are pre-empted. There are additional restrictions a city or municipality can enact with regards to events that are held in open spaces. This section needs removed until it has been corrected.
Open Car Carry You may open carry in a vehicle except guns configured for hunting.
This is also incorrect.
http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=20&art=2§ion=5#02 20-2-5 specifically forbids carrying in a vehicle.
An exemption to 20-2-5 can be found in 20-2-6a which specifically states one must possess a concealed handgun license to carry a loaded self-defense firearm in a vehicle. http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=20&art=2§ion=6A#02
Furthermore, there is a State Supreme Court case that reaffirms the restriction against carrying in a vehicle. http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1185303.html
In 1996 a man was pulled over, a .22 caliber pistol was found in the vehicle. He was charged and found guilty under 20-2-5, he appealed it stating his Constitutional rights had been infringed by 20-2-5. The State Supreme Court found that the restriction on carrying a loaded firearm in a vehicle did not violate the state Constitution.
The bottom line is that the information on OCDO is incorrect, and there are people who are quoting it as being accurate.
Who specifically can I contact to have this incorrect information removed until the correct information can be put up?
http://www.opencarry.org/?page_id=314
Specifically:
Preemption Complete State Preemption of All Firearm Laws except those ordinances that were in effect at the time preemption was passed.
NOTE: Almost all states allow local regulation of the discharge of firearms.
This is no longer true. With the passage of SB317 last year, all grandfathered ordinances are pre-empted. There are additional restrictions a city or municipality can enact with regards to events that are held in open spaces. This section needs removed until it has been corrected.
Open Car Carry You may open carry in a vehicle except guns configured for hunting.
This is also incorrect.
http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=20&art=2§ion=5#02 20-2-5 specifically forbids carrying in a vehicle.
An exemption to 20-2-5 can be found in 20-2-6a which specifically states one must possess a concealed handgun license to carry a loaded self-defense firearm in a vehicle. http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=20&art=2§ion=6A#02
Furthermore, there is a State Supreme Court case that reaffirms the restriction against carrying in a vehicle. http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1185303.html
In 1996 a man was pulled over, a .22 caliber pistol was found in the vehicle. He was charged and found guilty under 20-2-5, he appealed it stating his Constitutional rights had been infringed by 20-2-5. The State Supreme Court found that the restriction on carrying a loaded firearm in a vehicle did not violate the state Constitution.
The bottom line is that the information on OCDO is incorrect, and there are people who are quoting it as being accurate.
Who specifically can I contact to have this incorrect information removed until the correct information can be put up?