Take THAT Martinsburg!

Federal Court denies City of Martinsburg’s Motion to Dismiss WVCDL’s challenge to city building carry ban.

Earlier today, Chief Judge John P. Bailey of the U.S. District Court for the Northern District of West Virginia entered an order denying the City of Martinsburg’s motion to dismiss WVCDL’s lawsuit challenging the constitutionality and statutory validity of Martinsburg’s city building gun ban ordinance.

In his order, Judge Bailey found that WVCDL had clearly established standing to sue and requested supplemental briefing on whether he should defer further proceedings on WVCDL’s federal constitutional claims and direct WVCDL to separately litigate its state law claims in state court and then return to federal court to litigate its federal constitutional claims if necessary after state court litigation. WVCDL has 14 days to respond to this matter.

Ha!  How’s that taste, Martinsburg?  I guess you should have come up with an actual fact-based argument for wanting the lawsuit dismissed instead of the, “Well… we don’t like it.  And besides, no WVCDL member has been harmed by the law, so you don’t have a case,” approach.  I can state PERSONALLY that I’m harmed every time I go to a Legion Rider’s meeting at our American Legion.  With our Legion building being rented from the city, I’m not legally allowed to carry there under the current law.  While it may be a stone’s throw away from the police station (for all the good THAT does us in Martinsburg), it’s still in a not-very-nice section of town.

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