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Felony Charges Dismissed, Misdemeanor Charges Filed Against WV CCW'er

Discussion in 'Carry Issues' started by Agent6-3/8, Oct 27, 2011.


  1. Agent6-3/8

    Agent6-3/8
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    Summary:

    Joshua Beck was arrested on two seperate occasions for carrying a concealed handgun on the campus of Blue Ridge Community and Technical College and charged with a felony. However, under WV law CCW on college campus is legal. Statutes only cover primary and secondary schools and facilities being used for related events. Once Mr. Beck's attorney pointed out this obvious fact the felony charges were dismissed. Unfortunately, misdemeanor charges filed shortly thereafter in what Mr. Beck's attorney described as an act of intentional harassment. Seems the anti-gun Berkeley County prosecutor is determined to gig Mr. Beck one way or another, despite the fact he violated no laws.

    http://www.journal-news.net/page/co...y-charges-in-gun-case-dismissed.html?nav=5006
     

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  2. g23rob

    g23rob
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    hopefully he wins and gets a BIG check to boot
     

  3. RX7Boricua

    RX7Boricua
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    I just love how the email the prosecutor sent to Larry D. Kump starts out with, "I am a very strong supporter of the Second Amendment, but..."

    Actions speak louder than words. These people seriously make me sick.

    Jose
     
  4. RussP

    RussP
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    1. The JBT's

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    Okay, let's look at this...

    Felony charges dropped because the law applies only to primary and secondary education facilities.

    New charges brought under provision that any property owner may prohibit the possession of a firearm on their property. The question is, does that include property owned by the state government and the property of state government supported entities?

    Blue Ridge Community and Technical College is a state-supported institution within the West Virginia Community and Technical College system.
     
  5. RussP

    RussP
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  6. KY Moose

    KY Moose
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    Not sure about WV law, but in other states one cannot be charged unless you refuse the property owner's request to leave or take the firearm off premises.

    So my question is if the above holds true in WV, did Mr. Beck refuse the property owner's request to leave or take the firearm off school property? If not, sounds like the prosecutor is up said creek without a paddle.
     
  7. FireGuy

    FireGuy
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    The "property owner" is a county. Under WV statutes a county can not preempt a state law. My thinking is that restrictions by a county employee would not be legal. If it was a private college that would be a different story...
     
  8. garyjandfamily

    garyjandfamily
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    This exact thing happened in Utah. The University of Utah was trying to set its own laws, independent of the State. It took a serious smack-down by the State Legislature to put them back on the side of law and order.
     
  9. Agent6-3/8

    Agent6-3/8
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    Mr. Beck's attorney, Jim Mullins was on a 30min radio show this morning discussing the case. The county's case is very weak, IMO, based on what I've read and what was said on the radio show. According to Mr. Mullins, the school lacks the same rights of a private property owner to prohibit CCW.

    Based on my understanding of state law, he was well within his right to carry on the campus. The whole incident is due to overreacting school officials, incompetent LE, and at this point a prosecutor letting personal beliefs/emotion guide their actions instead of law.
     
  10. sulaco

    sulaco
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    Yep, somebody once told me that nothing a person says before, "but", counts.
     
  11. Spiffums

    Spiffums
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    Even if it's "Baby you got a really nice".......?:rofl: