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Old March 31st, 2017, 04:24 PM #61
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If this bill becomes law, will it basically put a halt to this suit? https://www.nraila.org/articles/2017...-passes-senate

Text here: https://www.nraila.org/articles/2017...-passes-senate

It's on 2nd reading in the House tomorrow. Already passed the Senate.
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Old April 2nd, 2017, 01:21 PM #62
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If this bill becomes law, will it basically put a halt to this suit? https://www.nraila.org/articles/2017...-passes-senate

Text here: https://www.nraila.org/articles/2017...-passes-senate

It's on 2nd reading in the House tomorrow. Already passed the Senate.
I would guess no, ex post facto. The law would not cover things that happen before the law was enacted.
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Old April 2nd, 2017, 01:46 PM #63
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Took Action Pass it on...
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Old April 2nd, 2017, 01:46 PM #64
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I would guess no, ex post facto. The law would not cover things that happen before the law was enacted.
I'll see your ex post facto and raise you a nunc pro tunc.
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Old April 4th, 2017, 09:00 AM #65
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I would guess no, ex post facto. The law would not cover things that happen before the law was enacted.
This is the most recent version of the bill, read section (f):
http://www.legis.state.wv.us/legisdo...0_1%203-29.htm
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Old April 4th, 2017, 04:23 PM #66
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(f) It is the intent of the Legislature in enacting the amendments to this section during the 2017 regular session of the Legislature that the amendments be applied retroactively.
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Old April 4th, 2017, 06:16 PM #67
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ianal, but thinking unfortunately in this case that WV laws are not enforceable against residents of other, including adjoining, states.
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Old April 4th, 2017, 06:25 PM #68
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ianal, but thinking unfortunately in this case that WV laws are not enforceable against residents of other, including adjoining, states.
The homeowner (VA) has brought this action in a WV court.....so I think he'd be bound by WV's laws.
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Old April 4th, 2017, 07:02 PM #69
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The homeowner (VA) has brought this action in a WV court.....so I think he'd be bound by WV's laws.
again ianal but thinking this cross-jurisdiction stuff s/b brought in federal and not state court.
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Old April 4th, 2017, 07:20 PM #70
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This is the most recent version of the bill, read section (f):
http://www.legis.state.wv.us/legisdo...0_1%203-29.htm
passed the house with a amendment back to the senate and if concurred off to the Governor
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Old April 4th, 2017, 10:07 PM #71
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passed the house with a amendment back to the senate and if concurred off to the Governor
It's already off to the governor.

I think davsco needs to stick to being "nal". PNTC is located in WV. The claimed nuisance is coming from WV. Not even sure why jurisdiction would even come into question at this point aside from a lack of understanding of the law?

SB575 is a shot across the bench, but it will only put pressure on the judge since the case is already in progress.
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Old April 4th, 2017, 10:13 PM #72
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This is the most recent version of the bill, read section (f):
http://www.legis.state.wv.us/legisdo...0_1%203-29.htm
That is awesome.
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Old April 5th, 2017, 07:41 AM #73
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I think davsco needs to stick to being "nal".
funny. there is no one, other than owner and employees, that wants this crap to go away more than me. it's my favorite range and match venue because of their facilities and their people. all i'm saying, is that saying, hoping and even praying that this new bill or existing laws block the suit and that being their sole defense and game plan probably isn't the best course of action. hope for the best but plan for the worst, as i'm sure they're doing. if the existing or new laws end up blocking the suit, and i hope they do, i couldn't be happier.
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Old April 6th, 2017, 10:44 AM #74
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funny. there is no one, other than owner and employees, that wants this crap to go away more than me. it's my favorite range and match venue because of their facilities and their people. all i'm saying, is that saying, hoping and even praying that this new bill or existing laws block the suit and that being their sole defense and game plan probably isn't the best course of action. hope for the best but plan for the worst, as i'm sure they're doing. if the existing or new laws end up blocking the suit, and i hope they do, i couldn't be happier.
The new law will not immediately stop the suit, and the judge has made clear that he is ignoring the current ordinance in the county. Prepare for the worst.

That said, like so many other decisions this judge has handed down, the WV Supreme Court of Appeals will put things right; unfortunately probably after the plaintiffs have had their way with *our* data.

The best solution to this problem is not letting this activist run unopposed for the bench come next election cycle.
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Old April 7th, 2017, 02:16 AM #75
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Is there any procedure to File Misconduct against the Jurist in order to go to some type of congressional review? JAT
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Old April 10th, 2017, 08:06 PM #76
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WVCDL Update 4/10/17

This was posted in the WVCDL Facebook group today:

4/10/2017 UPDATE ON PEACEMAKER NATIONAL TRAINING CENTER LAWSUIT

------------------------------------------------------

Many of you have been following the “nuisance” lawsuit filed by a California tort lawyer against Peacemaker National Training Center in Berkeley County (Civil Action No. 15-C-520). As you might recall from our prior email address, WVCDL has been closely monitoring this case. In fact, when an expansive discovery request was granted by Berkeley County Circuit Court Judge Gray Silver, which threatened to turn over reams of sensitive and confidential information pertaining to customers and guests of Peacemaker National Training Center, WVCDL filed a “Motion to Intervene” on behalf of our many members who have trained at the facility and all gun owners throughout West Virginia. This motion sought to further challenge the discovery order in this case and in doing so prevent future parties from attacking the sensitive data of other West Virginia range facilities and/or firearms dealers.

In the interim, we worked very hard to get SB575, which protects West Virginia range facilities against these type of civil suits, through the legislature and onto the desk of Governor Justice. While our Motion to Intervene was filed before the Court as early as mid-March, we still have yet to be granted a hearing on it (which is unusual). In fact, it is our understanding that pursuant to the discovery order issued by Judge Silver, the plaintiffs have begun to search through some of the sensitive data.

Today, we received word that Judge Silver has recused himself (withdrawn from the case and assigned it to another judge). The judge cites some negative attention from gun rights advocates as his reasoning but it is also certainly interesting to note that this recusal motion was filed on 4/4/2017 – the precise date that the Senate concurred with the House and passed SB575.

It is our position that this lawsuit as a whole is baseless under West Virginia law and without merit. Furthermore, we continue to strive to protect the personal confidential information of West Virginia gun owners. Our fight to defend firearm rights does not end with the legislative session wrapping up. It is a year-round struggle and one that spans all fifty-five West Virginia counties. Given that hearings in the Peacemaker National court case are open to the public, we may be asking members to attend if they are able to do so.

Please stay tuned for details. In the meantime, please call Governor Justice at 304-558-2000 and ask that SB575 be signed into law. Thank you all for your hard work and continuing efforts.
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Old April 18th, 2017, 07:52 AM #77
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I readed that Bill. Anyone note that a homeowner residing at said home before the range is established looses no rights to file an action..
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Old April 27th, 2017, 06:41 PM #78
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More good news from the WVCDL Facebook page:
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Mariana Gateind: Hello everyone, we wanted to send out a very positive update today concerning Peacemaker’s ongoing legal battle. This week a Motion to Intervene concerning the disclosure of member’s private information was granted by the court. This effectively means that the private information of PNTC’s members will remain private and will not be disclosed as part of the nuisance suit against PNTC! The Motion to Intervene was filed by member Nic Applegate in conjunction with the West Virginia Citizen’s Defense League (WVCDL). The Motion to Intervene demanded that the court reverse its discovery orders and keep PNTC’s private membership information private. We want to thank all of you for your support, as we would not be successful without such a tight-knit shooting sports community. Despite this favorable outcome we need to stress that PNTC is still facing the nuisance lawsuit and still needs your assistance to successfully defeat the frivolous suit. Please continue to share our GoFundMe page with your family, friends, and community members. We sincerely thank you for your continued support. God bless.
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Old April 29th, 2017, 02:17 AM #79
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More good news from the WVCDL Facebook page: Mariana Gateind: Hello everyone, we wanted to send out a very positive update today concerning Peacemaker’s ongoing legal battle. This week a Motion to Intervene concerning the disclosure of member’s private information was granted by the court. This effectively means that the private information of PNTC’s members will remain private and will not be disclosed as part of the nuisance suit against PNTC! The Motion to Intervene was filed by member Nic Applegate in conjunction with the West Virginia Citizen’s Defense League (WVCDL). The Motion to Intervene demanded that the court reverse its discovery orders and keep PNTC’s private membership information private. We want to thank all of you for your support, as we would not be successful without such a tight-knit shooting sports community. Despite this favorable outcome we need to stress that PNTC is still facing the nuisance lawsuit and still needs your assistance to successfully defeat the frivolous suit. Please continue to share our GoFundMe page with your family, friends, and community members. We sincerely thank you for your continued support. God bless.
Great News, I will be visiting there when I get home from leave and check it out and try helping anyway I can...

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