An interesting article on how challenges to existing firearms laws must be done in West Virginia. The death of the gun rights advocate who was pursuing these challenges has complicated the process.
CHARLESTON, W.Va. (AP) — West Virginians who want to carry guns on city property and challenge other municipal firearms ordinances as unconstitutional must first bring their cases to state court, federal judges have ruled, but the future of these legal challenges appeared unclear Thursday following the death of the gun rights advocate and lawyer who helped file them.
U.S. District Judge John T. Copenhaver Jr. has redirected a lawsuit against Charleston, Dunbar and South Charleston, as a number of its allegations invoke the West Virginia Constitution and state law. His Sept. 20 ruling follows one by U.S. District Judge John Preston Bailey that similarly referred claims against Martinsburg to state court last year.
Each judge concluded that the lawsuits could return to federal court with any issues left unresolved. The 4th U.S. Circuit Court of Appeals upheld Bailey’s approach to that case in June.
Copenhaver’s ruling also dismissed a dozen of the arguments against Charleston’s ordinances. Three sought to allow firearms at the Sternwheel Regatta festival, which no longer exists. The others challenged the capital city’s ban on handgun sales involving people who have received voluntary mental health treatment or have any criminal charges pending. . . .
Read more here.