West Virginia Cities Challenge Gun Law Repeal Lawsuit

This is a discussion on West Virginia Cities Challenge Gun Law Repeal Lawsuit within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is just not right no matter how they feel the need to curtail the ownership of firearms in their cities. If we don't have ...

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Thread: West Virginia Cities Challenge Gun Law Repeal Lawsuit

  1. #1
    VIP Member Array JoJoGunn's Avatar
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    West Virginia Cities Challenge Gun Law Repeal Lawsuit

    This is just not right no matter how they feel the need to curtail the ownership of firearms in their cities. If we don't have the right to challenge laws or have bad ones repealed then what?


    4 W.Va. cities seek dismissal of gun law lawsuits
    April 26, 2011 @ 06:30 AM

    The Associated Press

    Herald-Dispatch.com

    CHARLESTON, W.Va. (AP) — Four West Virginia cities are seeking the dismissal of lawsuits that challenge their gun-control laws.

    The West Virginia Citizens Defense League, several members and a gun dealer filed two federal lawsuits in January. One seeks to overturn gun-control laws in Charleston, South Charleston and Dunbar. The other challenges Martinsburg’s law.

    The cities’ petitions argue that the plaintiffs don’t have legal standing to challenge the laws.

    Charleston City Council President Tom Lane tells the Charleston Gazette that the council wants to amend the city’s law to remove obsolete language and tighten it.
    4 W.Va. cities seek dismissal of gun law lawsuits - The Herald Dispatch
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  3. #2
    Member Array torgo1968's Avatar
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    I don't understand why you are talking about curtailing the right to challenge laws. Where does it say they want to do that? Both the petition to dismiss and its reasoning are standard components of the legal process. They aren't saying you can't challenge laws, they are saying that these particular plaintiffs don't have standing.

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    VIP Member Array JoJoGunn's Avatar
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    The cities’ petitions argue that the plaintiffs don’t have legal standing to challenge the laws.
    This.

    Why not? It's just because they don't want anyone to "challenge" their gun laws.
    "A Smith & Wesson always beats 4 aces!"

    The Man Prayer. "Im a man, I can change, if I have to.....I guess!" ~ Red Green

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    Member Array tflhndn's Avatar
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    Challenging standing is one of the things any defending party to a lawsuit argues - that is to prevent the courts from being tied up with "what if" lawsuits.

    After reading several (though not all) of the legal briefs, the cities are claiming that the plaintiffs cannot show a real and actual harm from the ordinances in question, and therefore their claim of being "damaged" is merely theoretical.

    Often times, the matter would not be "ripe" for judicial review, untuil someone was arrested for violating a law - then he could challenge the validity/consitutationality of the law.

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    Member Array torgo1968's Avatar
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    Quote Originally Posted by JoJoGunn View Post
    This.

    Why not? It's just because they don't want anyone to "challenge" their gun laws.
    That's not what is meant by that. tflhndn explained it well. "Standing" is merely whether or not the person has the legal right to sue on that particular issue. In this case, the city is saying they haven't suffered damage, therefore they don't have standing. Imagine if my neighbor was hit by a drunk driver. I couldn't sue the driver because I have no standing; it didn't affect me, I suffered no harm. You can't challenge a law because you don't like it, you also have to have the legal right to do so. The city in this case is saying they don't.

    In civil litigation the defense is going to try to get the case dismissed any way they can. Questioning whether or not the plaintiff has standing is one of those ways.

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