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Charleston Mayor Reponds to AG Motion to Dismiss Lawsuit on Gun Law
CHARLESTON, W.Va. (WSAZ) -- West Virginia Attorney General Patrick Morrissey says his office has filed motions to dismiss a lawsuit filed by the City of Charleston concerning a state law that seeks to ensure firearm laws are applied uniformly across the state.
According to a press release sent out Thursday, "The City of Charleston's lawsuit should be dismissed because the City did not sue anyone. Instead, the City asks the Circuit Court judge to render an opinion on the "validity" and "construction" of the law, which passed by overwhelming, bipartisan majorities of the Legislature and was signed by the Governor."
<snip>
The City of Charleston violated the most basic court rule: that there has to be conflict between two parties. In this lawsuit, it is the City of Charleston versus no one," Attorney General Morrisey said. "The City may have questions regarding the new law, but this is not the correct method to seek those kinds of answers. The Legislature stated its intention to create uniform rules relating to citizens' Second Amendment rights; the City's actions disregard basic court rules by which everyone must abide. While laws pertaining to citizens' gun rights sometimes spark strong reactions, the rule of law - and not emotions - must always be followed."
Earlier this year, West Virginia Legislature passed Senate Bill 317, which says that firearm laws should be applied uniformly across the state. It also says that municipalities may not restrict the rights of law-abiding citizens with properly obtained concealed handgun permits from entering the city's recreational centers so long as such firearms are securely stored out of view and cannot be accessed by others.
http://www.wsaz.com/news/headlines/WV-AG-Files-Motion-to-Dismiss-Charleston-Lawsuit-on-Gun-Law-255691001.html
According to a press release sent out Thursday, "The City of Charleston's lawsuit should be dismissed because the City did not sue anyone. Instead, the City asks the Circuit Court judge to render an opinion on the "validity" and "construction" of the law, which passed by overwhelming, bipartisan majorities of the Legislature and was signed by the Governor."
<snip>
The City of Charleston violated the most basic court rule: that there has to be conflict between two parties. In this lawsuit, it is the City of Charleston versus no one," Attorney General Morrisey said. "The City may have questions regarding the new law, but this is not the correct method to seek those kinds of answers. The Legislature stated its intention to create uniform rules relating to citizens' Second Amendment rights; the City's actions disregard basic court rules by which everyone must abide. While laws pertaining to citizens' gun rights sometimes spark strong reactions, the rule of law - and not emotions - must always be followed."
Earlier this year, West Virginia Legislature passed Senate Bill 317, which says that firearm laws should be applied uniformly across the state. It also says that municipalities may not restrict the rights of law-abiding citizens with properly obtained concealed handgun permits from entering the city's recreational centers so long as such firearms are securely stored out of view and cannot be accessed by others.
http://www.wsaz.com/news/headlines/WV-AG-Files-Motion-to-Dismiss-Charleston-Lawsuit-on-Gun-Law-255691001.html