West Virginia Passes HB2760 Through Committee

This is a discussion on West Virginia Passes HB2760 Through Committee within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I received an email alert from the WVCDL this afternoon giving some good news. HB2760 has cleared the House Judiciary Committee and will make it ...

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Thread: West Virginia Passes HB2760 Through Committee

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    VIP Member Array SmokinFool's Avatar
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    West Virginia Passes HB2760 Through Committee

    I received an email alert from the WVCDL this afternoon giving some good news. HB2760 has cleared the House Judiciary Committee and will make it to the House floor soon for a vote. Here is part of the email I received:


    "I was told by the Judiciary Committee chair today that our bill (HB2558) was combined with two other bills that touched on preemption. The result, and the intent of the Speaker of the house, Rick Thompson (D-Wayne) and Tim Miley (D-Harrison) was to create a rock solid preemption bill. And they did exactly that. This bill (HB2760) is a work of art. It completely preempts municipalities and counties from enacting firearms ordinances of any kind. It voids (after 90 days) any existing ordinances. If they enforce an illegal ordinance, it allows for you to receive court costs and attorney fees if you have to fight it in the courts."


    Now we need to keep pressure on our Delegates to vote for and pass this measure. I have corresponded with my delegate many times and I know he will vote for it, and in all honesty I expect this bill to pass easily, but we still need to keep the pressure on just to be sure.
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    VIP Member Array sixgun's Avatar
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    Nice!! at least some states are not caving in to some of these morons.
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    Distinguished Member Array chuckusaret's Avatar
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    What if a city or county fails to repeal any of their existing ordinances/laws or attempts to pass new laws? Does HB2558 provide a means to bring action against the elected officials? Florida has had a similar law as HB2558 since Oct. 1987 but until recently had no means to force the local governments to repeal the laws. Now the state amended the law and now can fine an individual local elected official up to $5K or the government body members and possible removal from office. Palm Beach County repealed all local gun ordinances/laws that conflicted with state laws as did the other counties.
    US Army 1953-1977

    ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’
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    Member Array fredg53's Avatar
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    I love the fact I was born in WVA
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    Member Array AR15VSCoyote's Avatar
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    Based on what is happening in my beautiful state of Colorado.....I'd consider moving there....
    (Pot is still illegal in WVA, right??)
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    Member Array AngryBadger417's Avatar
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    This is why I love my state! Hopefully it passes! Out fellow West Virginians in charleston need some relief!
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    Excellent. The reimbursement provision should send a clear message to any local leaders who try to implement local gun control ordinances. I'm all for preemption except for places like Kennesaw, GA, where there is a local ordinance requiring gun ownership.
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    Americans understood the right of self-preservation as permitting a citizen to repel force by force
    when the intervention of society... may be too late to prevent an injury.
    -Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)

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    Good news!
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    It may be that your sole purpose in life is simply to serve as a warning to others.

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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by chuckusaret View Post
    What if a city or county fails to repeal any of their existing ordinances/laws or attempts to pass new laws? Does HB2558 provide a means to bring action against the elected officials? Florida has had a similar law as HB2558 since Oct. 1987 but until recently had no means to force the local governments to repeal the laws. Now the state amended the law and now can fine an individual local elected official up to $5K or the government body members and possible removal from office. Palm Beach County repealed all local gun ordinances/laws that conflicted with state laws as did the other counties.
    If this bill passes into law no locality within WV will be allowed to enact any new gun control laws. As far as the municipalities that currently have such laws (there are a few places, but not many), their laws will be null and void after ninety days. As to your question about bringing action against those municipalities if they continue to try to enforce their then illegal actions, I don't honestly know the answer.

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    Member Array nathanjns's Avatar
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    I'm glad to see you have some reps with a "D" after their name that aren't anti-gunners. Maybe there is some hope for politicians after all.
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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by Jeanlouise View Post
    Good news!
    It is indeed good news. The interesting thing is that from my understanding, the two House members who were most instrumental in making this happen were originally not on our side. After Keith Morgan spoke with them during a rally in Charleston, they came around and their efforts were what got this bill out of committee.

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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by AR15VSCoyote View Post
    Based on what is happening in my beautiful state of Colorado.....I'd consider moving there....
    (Pot is still illegal in WVA, right??)
    We'd welcome you with open arms! And yes, marijuana is still illegal here.

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    Member Array KyBill's Avatar
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    Great news! KY constitution also restricts any municipalities from having laws more restrictive than the state constitution. Which basically doesn't restrict anything except that you ate required to complete minimal training for a CCDW permit, and observe state/federal gun free zones.
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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by nathanjns View Post
    I'm glad to see you have some reps with a "D" after their name that aren't anti-gunners. Maybe there is some hope for politicians after all.
    WV is a somewhat democratic state (within the state), but is rather conservative and often votes republican nationally. WV voted for Romney in the last general election.
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    Distinguished Member Array chuckusaret's Avatar
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    Quote Originally Posted by SmokinFool View Post
    If this bill passes into law no locality within WV will be allowed to enact any new gun control laws. As far as the municipalities that currently have such laws (there are a few places, but not many), their laws will be null and void after ninety days. As to your question about bringing action against those municipalities if they continue to try to enforce their then illegal actions, I don't honestly know the answer.
    Because there were no penalties written into our original bill that was passed into law the local governments just ignored the state law and did as they pleased until Gov. Scott was elected. I surely would recommend that the WVCDL check to see if there is a means to take action to penalize the local government bodies that fail to follow the law when it is approved.
    US Army 1953-1977

    ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’
    — Abraham Lincoln

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