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Thread: Useful links to gun related laws.

  1. #1
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    Useful links to gun related laws.

    *You may need to look around on the page to find the right section of code. I am posting links to the code where the laws are instead of simply quoting to allow the reader to see the entire text if needed. The specific code will be referenced in parentheses. Use your brain.*
    STATE OF WEST VIRGINIA
    State constitution (see article III 3-22)
    http://www.legis.state.wv.us/WVCODE/...cfm#articleIII

    General regulations concerning dangerous weapons. (too many to list here. just read them all)
    http://www.legis.state.wv.us/WVCODE/...ap=61&art=7#07

    Castle Doctrine (see 55-7-22)
    http://www.legis.state.wv.us/WVCODE/...ap=55&art=7#07

    Ban on capitol grounds. (see 61-6-19b)
    http://www.legis.state.wv.us/WVCODE/...ap=61&art=6#06

    Ban on correctional facilities. (see 61-5-8c it is a bit hard to find)
    http://www.legis.state.wv.us/WVCODE/...ap=61&art=5#05

    DNR code (OC in woods / car) (see 20-2-5 paragraph 9)
    http://www.legis.state.wv.us/WVCODE/...ap=20&art=2#02

    Dissention of Justice Maynard concerning the only case law I can find on the DNR code
    http://www.courtswv.gov/supreme-cour...997/23840d.htm

    Preemption of county commission. (see 7-1-3)
    http://www.legis.state.wv.us/WVCODE/...?chap=07&art=1

    Preemption of municipalities. (see 8-12-5a) (this one has the grandfather clause)
    http://www.legis.state.wv.us/WVCODE/...p=08&art=12#12


    PLEASE FEEL FREE TO ADD ANY I HAVE MISSED. CASE LAW WOULD BE GREAT!!!
    Last edited by MarksmanCentral; 11-18-2013 at 12:35 AM.

  2. #2
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    The United States of America (federal laws)
    US Constitution (do I really need to list this one? See amendment 2...)
    http://www.archives.gov/exhibits/cha...ranscript.html

    General firearms regulation. (This is a very hard read. Most of it deals with interstate transportation, sales, transfers, and manufacturing. However, sec 930 is possession on federal facilities. And possession on school grounds is buried in sec 922 it is a bit hard to find.)
    http://uscode.house.gov/download/pls/18C44.txt

    A PDF download is available that you can print here.
    www.justice.gov/usao/ut/psn/documents/guncard.pdf
    Last edited by MarksmanCentral; 02-26-2013 at 01:25 PM.

  3. #3
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    Admns, sticky time?

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Ex Pat View Post
    Admns, sticky time?
    Done
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
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    More good info, some of it duplicated from previous posts.

    I AM NOT A LAWYER AND THIS IS NOT LEGAL ADVICE. THIS LIST IS NOT ALL ENCOMPASSING AND SHOULD NOT BE CONSIDERED AS A COMPLETE LISTING OF FIREARM RELATED LAWS IN THE WEST VIRGINIA CODE. IT DOES NOT INCLUDE ANYTHING FROM ANY COUNTY, CITY OR MUNICIPALITY.

    This is a list of links to the West Virginia Code that regard owning, possessing and carrying firearms. I've included a short summary of what is contained in each section in my words. This is research, nothing more, nothing less. Use this to become better informed. Use this to formulate and develop your own opinions and questions about firearm laws in West Virginia.

    http://www.legis.state.wv.us/wvcode/code.cfm This is the landing page for the entire WV Code

    http://www.legis.state.wv.us/wvcode/...?chap=61&art=1 Chapter 61 - Crimes and Their Punishment. This is the article that generally pertains to firearm owners.

    http://www.legis.state.wv.us/wvcode/...?chap=20&art=1 CHAPTER 20. NATURAL RESOURCES. This section concerns us with regard to some sections that do not allow carry in a motor vehicle unless licensed.

    http://www.legis.state.wv.us/wvcode/...ap=61&art=7#07 Chapter 61, Section 7 Dangerous Weapons

    http://www.legis.state.wv.us/wvcode/...7&section=2#07 61-7-2. Definitions. Among other things, this section defines what the words "pistol", "revolver" and "firearm" mean. The language is relatively clear, not mumbo-jumbo legalese.

    http://www.legis.state.wv.us/wvcode/...7&section=4#07 61-7-4. License to carry deadly weapons; how obtained. This section details how to obtain a license to carry deadly weapons.

    http://www.legis.state.wv.us/wvcode/...7&section=6#07 61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees. This section details places and conditions where you can carry a deadly weapon without the need for a license (as outlined in 61-7-4).

    http://www.legis.state.wv.us/wvcode/...&section=6A#07 61-7-6a. Reciprocity and recognition; out-of-state concealed handgun permits. This section has details regarding reciprocity.

    http://www.legis.state.wv.us/wvcode/...7&section=7#07 61-7-7. Persons prohibited from possessing firearms; classifications; reinstatement of rights to possess; offenses; penalties. This section defines conditions which would prohibit a person from carrying a firearm.

    http://www.legis.state.wv.us/wvcode/...&section=11#07 61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties. How you may not use or display a deadly weapon.

    http://www.legis.state.wv.us/wvcode/...&section=14#07 61-7-14. Right of certain persons to limit possessions of firearms on premises. This section allows the owner, lessee or other person charged with the care, custody and control of real property to limit or restrict the carrying of firearms or deadly weapon on their property. NOTE: This is the first reference to open carry that I've found. That doesn't mean there aren't more, but this is the first one I've found.

    http://www.legis.state.wv.us/wvcode/...2&section=5#02 20-2-5. Unlawful methods of hunting and fishing and other unlawful acts. This section defines that you may not have a loaded firearm in a vehicle or conveyance. Yes, it does say you have to unload the magazine(s).

    http://www.legis.state.wv.us/wvcode/...&section=6A#02 20-2-6a. Carrying a concealed handgun. This section allows those licensed under 61-7-4 to carry a handgun in a concealed manner for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.

  6. #6
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    No castle doctrine in WV?

    I've just read 55-7-22, "Civil relief for persons resisting certain criminal activities", having followed a link provided above referenced as "castle doctrine". What's described in that statute is a modification of the common law affirmative defense of "self defense / defense of innocent others". It is NOT the castle doctrine, because the central facet of that doctrine holds that a resident of a dwelling is entitled to a legal presumption that the intruder is willing to kill the occupants of a residence. In this statute, the resident is required to prove that he had a reasonable belief, which will have to be based on objective fact, that the intruder actually intended to kill or maim the occupants. That in my mind is not only not the castle doctrine, it has effectively abolished the castle doctrine in WV. Keep in mind that WV adopted the law of Virginia after the Second Great War, and that Virginia had adopted the law of England after the First Great War, as it existed in 1607. The castle doctrine was invented in England in 1603/1604 in Semayne's Case, 5 Coke Rep. 91 (Court of King's Bench). In Virginia's appellate opinions, the castle doctrine is referred to as "defense of habitation". Now, in WV, a resident has no general right to defend his home, because he has to prove he had a right to self defense or defense of innocent others in order to succeed at trial. That, to me, wipes out the castle doctrine, not the opposite.
    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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