West Virginia Citizens Defense League, Inc.
PO Box 11371 | Charleston, WV 25339-1371
 
Defending Your Right to Defend Yourself
 

WVCDL-ALERT Update
October 15, 2011

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Victory for Gun Owners: Criminal Charges Against Joshua Beck Dismissed!
I am pleased to be able to report that yesterday, the Berkeley County Prosecuting Attorney's office dismissed both charges of carrying a firearm on school property that were filed over the last couple of weeks against Joshua Beck.  Mr. Beck, as you will recall, is a 26-year-old student at Blue Ridge Community and Technical College in Martinsburg who was arrested on October 13 and again on October 17 on two separate felony charges under W.Va. Code � 61-7-11a(b).

Subsequent to Mr. Beck's arrest and WVCDL's initial report about his case, Mr. Beck contacted me and I agreed to represent him as his attorney in this case.  Due to my professional responsibilities in his case, there were and are some  things I can publicly discuss about this case and many I cannot.
 
From the beginning, I insisted that W.Va. Code � 61-7-11a(b) applies only to "primary or secondary" schools (i.e., elementary schools, middle schools, high schools, and county vocational schools operated by the county boards of education for high school vocational education programs), not institutions of higher education such as Blue Ridge Community and Technical College--on whose premises both alleged offenses were alleged to have been committed. 
 
After carefully researching the law, Berkeley County Prosecuting Attorney Pamela Games-Neely agreed with this view and dismissed both charges against Mr. Beck.  Before I received news of the filing yesterday, I filed a motion on Mr. Beck's behalf seeking dismissal of the charges, which has now become moot.  In addition, the preliminary hearing that had been scheduled for next Monday, October 31, has been cancelled.
 
Yesterday afternoon, I was prepared to report this story with high compliments to Berkeley County Prosecuting Attorney Pamela Games-Neely for her professional handling of this case and her correct decision to dismiss the charges against Mr. Beck because West Virginia law does not prohibit carrying on a college campus.  As you will see below, Ms. Neely certainly followed the law as it exists and not her own personal views.  Unfortunately, as you will also see below, her personal views on the issue of campus carry are disturbing to say the least.
WHAG-TV: Student's Arrest Sparks Controversy Over Gun Rights

http://your4state.com/fulltext/?nxd_id=215847

 

Video available

 

Student's Arrest Sparks Controversy Over Gun Rights

 

Reported by: Sujata Khandelwal
Tuesday, October 25 2011
 
MARTINSBURG, W.VA- A local college student has sparked a debate over the rights of gun owners in the Eastern Panhandle. He's been charged with bringing a gun to campus, but it's still unclear if carrying a gun to college is against the law.

Twenty-six-year-old Joshua Beck is a licensed NRA firearm instructor and has a permit to carry a concealed weapon. He says he rarely leaves home without it.

"It's just like putting on my hat or my pants or my boots," he says.

However, he was arrested twice this month for allegedly carrying his handgun on the campus of Blue Ridge Community and Technical College, and violating a West Virgina code.

"It is our founding right as American citizens to defend ourselves, and have the privilege of hunting and recreational shooting and being a sportsman of an American class," says Beck.

Beck's lawyer says the code only applies to elementary, middle and high schools, not colleges like Blue Ridge CTC. According to charging documents, school officials told Beck that carrying a firearm is a violation of school policy.

Beck's lawyer says his client's arrest is unlawful. He says there is no state or federal law that says it's illegal to carry a firearm on a college campus. He says school policies do not trump state law.

School officials declined to comment on camera, however, they released the following statement:

"Before, during, or after that incident, there were no known threats made by the individual to Blue Ridge CTC. That individual is in the due process stage and is presumed innocent. School officials are following the code of conduct hearing protocol to further address this incident."

Beck, who is currently suspended from classes, hopes the situation will be resolved soon. He says he takes owning a gun very seriously.

"Gun safety is a very important thing," he says. "I believe that society and people need to take the classes, educate themself on the proper usage, storage, and handling of firearms for an everyday basis."

Beck's lawyer filed a motion Tuesday to dismiss all the charges. His preliminary hearing is scheduled for Monday, October 31st. [JM: This hearing has been cancelled due to the State dismissing the charges.]
Duct Tape Alert: Berkeley County Prosecuting Attorney Channels Sarah Brady, Calls for Legislature to Ban Carrying on College Campuses
"Better to remain silent and be thought a fool than to speak out and remove all doubt." -- Abraham Lincoln

 

If Berkeley County Prosecuting Attorney Pamela Games-Neely had stopped after agreeing to dismiss the charges against Joshua Beck, her political future would be far more secure today than it is in the wake of what she did after dismissing these charges.

 

At 3:15 PM yesterday afternoon, Ms. Neely used her taxpayer-funded county e-mail account--presumptively from her county-owned computer from her county office--to e-mail an unknown number of Berkeley County elected officials and members of the Legislature to urge them to change state law to include colleges and universities in the school carry ban under W.Va. Code � 61-7-11a(b).  Adding insult to injury, Ms. Neely resorted to an over-the-top, factually-devoid, emotion-laden appeal that would make you think it might have been written by Sarah Brady rather than an elected prosecuting attorney in West Virginia (my extensive commentary appears in brackets):

 

Dear Members of the Legislature and the Senate:

 

It is has come to the attention of my office that there is a statute which has created some unintended consequences. Almost every educational facility in this state has a written preclusion against the carrying of firearms on their property either by handbook or posting. Often both methods are used. We recently had an incident in Berkeley County, which caused a serious concern about West Virginia Code 61-7-11a. Under West Virginia Code 61-7-11a, it appears to be a crime to carry a firearm onto educational property, but only if it is a "primary" or "secondary"educational facility. It does include "vocational" but only as it related to secondary education. There is no exception for a person with a concealed weapon permit, but law enforcement officers are excepted. The statute excepts the Mountaineer. The higher education statutes have an exception for campus police to carry firearms. Not all schools however have police or a police presence. [JM: Which is exactly why we should not be deprived of our right to carry on college campuses.]

 

The problem we encountered is that a student was carrying a weapon, with a concealed weapon permit, onto a college/technical school campus. He frightened several students and faculty who saw the weapon. [JM: Hopolophobia is not a reason to call the police, have a person arrested for lawfully carrying a handgun, and then ask the Legislature to pass a carry ban after you realize the person was falsely arrested.] Because the statutory language for educational facility does not include language for "post-secondary" "post-secondary vocational or technical" "community or junior college" or "other institutions of higher learning" as is defined under the educational definitions in West Virginia we could not charge that felony. (There may also need to be an exception for a gunsmithing school, a hunter education class, or concealed weapon class, and even perhaps an ROTC class or a military school-some of which do not currently exist in this state). This is very troubling especially in light of the incident at Virginia Tech. [JM: How many lives might have been saved if one student or professor at Virginia Tech had been carrying? Like West Virginia, Virginia state law does not prohibit carrying on college campuses.]

 

I am a very strong supporter of the second amendment, but there must be some common sense applied here. [JM: WARNING! WARNING! WARNING! It all goes downhill from here.] I can think of nothing worse than people attending an athletic event, living in a dorm, or sitting beside someone in a science class with a firearm strapped to their side or worse, concealed on their person. What happens if that student, parent or other person suddenly becomes angry at the score, the roommate, the party, or even the call on the field? [JM: How many shootouts have there been at colleges & universities in Colorado, Oregon, and Utah--where carrying on a college campus by a CHL holder is not only legal, but state appellate courts have ruled that state institutions of higher education may not administratively prohibit campus carry by CHL holders? How many people did Colorado CHL holders shoot on September 17 at the Colorado-Colorado State football game? How many people have Colorado CHL holders shot at past CU-CSU games? How many people are Oregon CHL holders going to shoot on November 26, 2011, at the Oregon-Oregon State football game, a rivalry known in Oregon as the "Civil War"? How many people have Oregon CHL holders shot at past "Civil War" games? ] While the use of a firearm may be criminal, so should the presence at this type of facility. I believe this was the intent of the Legislature because of the exception for a college mascot, but the language says otherwise. [As Delegate Patrick Lane noted last night, the "Mountaineer" exception was to permit The Mountaineer to visit schools around the state in his full uniform, including musket.] Let us not have a tragedy on our hands. [JM: Agreed. Let this bill die alongside Delegate John Doyle's perennial one-handgun-per-month gun rationing bill and instead pass the 2012 edition of WVCDL's West Virginia Gun Owner Protection Act of 2011 and fully protect our right to self-defense.] As a parent of college students, I do not think I should have to worry about making sure they have their books, clothes, laptop and now a 45 caliber weapon in an educational setting. [JM: If the prospect of a law-abiding citizen carrying at your child's college scares you, there is a land not too far away where you need not worry. Just 15 minutes from downtown Martinsburg is a land where only the cops and criminals carry guns. Just get on I-81 north and in a matter of minutes you will be in that magical land--the land of Maryland.] This statutory error puts higher education students, faculty and administration at risk. Most people have enough sense not to do this, but obviously we have those who do not.

 

Please address this error as soon as possible and add the words: " post secondary" "post-secondary vocational or technical" "or other institutions of higher learning" to West Virginia Code 61-7-11a. Make an exception for a gunsmithing school, a hunter education or concealed weapon class, a military school only as it related to official firearms training or classes and ROTC only as to an official firearms training class (actual firing should be on a license or approved range).

 

I would be more than happy to help write the changes, if one or all of you would push it.

 

Thank you.

 

Sincerely

 

Pamela Jean Games-Neely

 

Prosecuting Attorney Berkeley County

 

(end)

 

I would like to thank Delegate Larry Kump for immediately forwarding this information to me and posting it on his blog, which I encourage you to read. Delegate Kump was a cosponsor of WVCDL's West Virginia Gun Owner Protection Act of 2011, House Bill 3125 of the 2011 Regular Session, and remains fully committed to supporting the rights of West Virginia gun owners. Delegate Eric Householder, the lead sponsor of HB 3125, also e-mailed me last night and indicated he is also standing by our bill.

 

Without one single solid fact to support her views, Ms. Neely believes we suddenly become a danger to society and deserve the 2-10 years in prison prescribed by W.Va. Code � 61-7-11a(b)(3) and the lifetime loss of gun rights that follows a felony conviction simply by driving onto a college campus while carrying.  I would expect better  from a career prosecutor.  Instead of carefully researching the issue and building a solid case based on evidence and reason, Ms. Neely wants the Legislature to pass a law that, had it been in effect 5 years ago, would have resulted in me becoming a felon every time (hundreds, if not thousands of separate occasions over the 3-year period) I went on campus during my time at the WVU College of Law (not to mention post-graduation visits), where she also received her legal education.

 

In addition to the above commentary, here is a personal e-mail I sent Delegate Kump yesterday afternoon, which he has published on his blog:

 

As both the attorney for Joshua Beck, who was falsely charged (Ms. Neely's office dropped the charges today, to her credit) with carrying a gun on school property for 2 alleged incidents of carrying a gun on the Blue Ridge Community and Technical College Campus, and the legislative director and general counsel for the West Virginia Citizens Defense League, notwithstanding her correct call on the law as it presently exists, I highly resent this anti-gun hypocrite's expenditure of taxpayer time and resources to push for a further erosion of our liberties. She needs to be driven out of office in next year's election based solely on her view that those of us who choose to exercise our constitutional rights suddenly become a grave danger to society by setting foot on a college campus-and a double danger if we're lawfully concealing the gun. Sarah Brady couldn't have been more shrill. Any legislator who introduces this absurd bill similarly deserves to see the premature termination of his or her political career-which will be greatly aided if the NRA assigns said legislator(s) an unforgivable F rating, as should be the case given the NRA's expressed support for the right to carry on campus.

 

On the contrary, House Bill 3125 of the 2011 Regular Session, which Delegate Kump cosponsored, would have driven a wooden stake through the heart of all these useless, feel-good campus gun ban policies to which Ms. Neely refers. Moreover, I believe these policies can be overturned under existing law. Specifically, W.Va. Code � 61-7-4(r), which was added to the statute in 2008, provides: "Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state." Because no provision of West Virginia state law restricts or prohibits the possession or carrying of a firearm on a college campus, W.Va. Code � 61-7-4(r) preempts any policy of any state institution of higher education that prohibits a licensed individual from carrying a concealed handgun on campus. State courts in Colorado, Oregon, and Utah and the Attorney General of Virginia have reached similar conclusions with respect to similar language in their states' respective concealed handgun licensing laws.

 

HB 3125, like Colorado's law, would permit campus carry restrictions only in secure buildings that have mandatory metal detector screenings, armed guards, and free, self-service gun storage lockers at each entrance of a secure restricted access area. We as individuals have no legal right to personal protection from the police, even if we're in some public building where we're prohibited from carrying. So-called gun-free zones amount to little more than criminal protection zones that provide a false sense of security to the unsuspecting public.

 

Larry, stand your ground.

 

(end)

 

The story we posted above from WHAG shows that Blue Ridge Community and Technical College admitted that Joshua Beck never threatened anyone.  Berkeley County Sheriff Kenneth LeMaster admitted the same thing to the Martinsburg Journal.  Yet, Ms. Neely now wants the Legislature to change the law based on a case where no crime was committed (excluding violations of Mr. Beck's civil rights) based on the fears of a few hopolophobes who reside and work on the wrong side of the Potomac.

 

If you live in Berkeley County and wish to express your displeasure with Ms. Neely, you will have an opportunity to do so at the polls next year, when Ms. Neely faces reelection.  If you feel the need to express your views sooner, put your views in writing and keep it civil.  I highly advise against verbal comments, which are much easier to misconstrue and more difficult to defend than the written word.

 

Finally, I would like to use this incident to highlight WVCDL's nonpartisan approach to defending your right to keep and bear arms.  There are individuals--especially among legislative leadership--who have disputed this fact.  WVCDL supports those who truly support your individual right to keep and bear arms and attempts to persuade first and then defeat if necessary those who do not.  Well, in this case, I have learned that Ms. Neely is a Republican (just like Danny Jones and Sarah Brady).  Is it still my personal opinion that "[s]he needs to be driven out of office in next year's election"? Yes.  Is this an awkward position for me to take given how well she handled her professional responsibilities regarding Joshua Beck's case?  You betcha, but I have little choice in the face of her absurd proposition.

Don Surber: Record Low Support for Gun Control

http://blogs.dailymail.com/donsurber/archives/45111

 

Record low support for gun control

 

October 26, 2011

  

by Don Surber

 

 

The Second Amendment has rebounded in the last half-century as support doubled since 1959, the Gallup poll reported. Nearly 3 out of every 4 Americans now opposes a ban on handguns - only 1 in four are for banning possession of a handgun. In 1959, 60% of Americans favored banning handguns - and only 36% opposed such an affront to the Second Amendment.

 

 

The jump in support for handguns shows what an utter failure the Brady Campaign to Prevent Gun Violence has been. Handgun use is up, yet gun homicides are down, contrary to what the Brady Campaign has preached for a quarter-century.

 

The Supreme Court ruling in the Heller case which struck down D.C.'s virtual gun ban (followed by the McDonald case which did the same thing in Chicago) reflected not only the Constitution but public opinion.

The people at the Brady Campaign to Prevent Gun Violence gamely try to put a smiley face on growing public sentiment in support of handguns, writing: "The majority of Americans, including police chiefs, gun owners, NRA members, blue state voters and high school students, support common sense gun laws."

 

But that is not what Gallup said and it has polled on the subject for better than 50 years.

 

From Gallup: "A record-low 26% of Americans favor a legal ban on the possession of handguns in the United States other than by police and other authorized people. When Gallup first asked Americans this question in 1959, 60% favored banning handguns. But since 1975, the majority of Americans have opposed such a measure, with opposition around 70% in recent years."

 

And it is not only handguns that the public supports. From Gallup: "For the first time, Gallup finds greater opposition to than support for a ban on semiautomatic guns or assault rifles, 53% to 43%. In the initial asking of this question in 1996, the numbers were nearly reversed, with 57% for and 42% against an assault rifle ban. Congress passed such a ban in 1994, but the law expired when Congress did not act to renew it in 2004. Around the time the law expired, Americans were about evenly divided in their views."

 

What has changed public opinion? Less faith in government? A renewed appreciation for civil liberties? Crime? Maybe it is a backlash against all the anti-gun propaganda in films and TV shows. Americans do not like to be told what to think.

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James M. "Jim" Mullins, Jr., Esq.

 

Treasurer, Founder, Past President, Legislative Director, and General Counsel,
West Virginia Citizens Defense League, Inc.
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In This Issue
Was this e-mail forwarded to you?
Victory for Gun Owners: Criminal Charges Against Joshua Beck Dismissed!
WHAG-TV: Student's Arrest Sparks Controversy Over Gun Rights
Duct Tape Alert: Berkeley County Prosecuting Attorney Channels Sarah Brady, Calls for Legislature to Ban Carrying on College Campuses
Don Surber: Record Low Support for Gun Control
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