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State Laws Cause W.Va. to Rank Low on Brady Rankings
Posted Thursday, March 4, 2010 ; 06:00 AM | View Comments | Post Comment
Updated Thursday, March 4, 2010; 08:07 AM


The Brady Campaign gave the Mountain State a score of 4 out of 100

By Michael Hupp
Email | Other Stories by Michael Hupp

CHARLESTON -- West Virginia has weak gun laws that help feed the illegal gun market and allow the sale of guns without background checks, according to the Brady Campaign to Prevent Gun Violence 2009 Scorecard released last month.

West Virginia earned just four points out of a total of a possible 100.

West Virginia did not earn points in four of the five categories the Brady Campaign grades states -- curbing firearm trafficking, protecting child safety, banning military-style assault weapons and high-capacity ammunition magazines, and strengthening Brady background checks.

Federal law already requires gun dealers throughout the country, including West Virginia, to conduct background checks on gun sales.

"Since West Virginia does not require Brady criminal background checks on all firearm sales including those at gun shows, gun traffickers don't need to leave the state to funnel illegal guns to felons and gang members," Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said in the Feb. 18 report.

"West Virginia officials have done nothing in the past year to stop the flow of illegal guns within the state, including closing the loophole that allows dangerous people to walk into gun shows and buy guns without background checks."

Ronnie Wood, owner of Flat Top Arms in Beckley, said he disagrees with the Brady Campaign's assessment of the state's laws.

"As a dealer, I am already required to run a background check by federal law, so I am unsure exactly why they (Brady Campaign) assessed the state's laws the way they did," Wood said.

Wood said state and federal law allows individuals to sell property of their own so the gun show issue raised by the Brady Campaign is incorrect. Dealers are already legally bound to do background checks.

"Does that mean it is that citizen's responsibility to run a background check if they are selling a gun to another private citizen, especially when the Supreme Court has already ruled firearms a Constitutional right," Wood said.

The report stated West Virginia can fully regulate gun dealers within their borders, limit bulk purchases of handguns, provide to police certain technology to identify crime guns and require lost or stolen guns to be reported to the police. It claims West Virginia does not.

The report also claimed the state does not require only childproof handguns be sold within their borders, require child safety locks to be sold with each handgun, hold adults accountable for keeping guns away from kids and teens and require handgun purchasers to be at least 21 years of age.

Matt Turner, communications director for Gov. Joe Manchin, said the governor is a National Rifle Association member and is supportive of law-abiding citizens who own guns.

"The state has low crime rates with a longstanding tradition of responsible gun owners, so our laws have served the state well," Turner said.

"We understand the Brady Campaign's desire to look into those situations as to why our state scored so low."

The state did score four points for restricting most guns in public places to trained law enforcement and security and by allowing localities to preserve local control over municipal gun laws.

Lieutenant A.C. Napier, coordinator for the Metro Drug Enforcement Network Team, said criminals will get guns no matter how laws are constructed.

He said the goals of the Brady Campaign do not take guns out of criminal's hands, but rather penalize law-abiding gun owners.

"Criminals will tell you they are not worried about the law, and that no matter what laws are made, they will get guns," Napier said.

"Folks need to realize criminals follow a different code. That is why they are criminals."

Napier went on further to say because criminals will obtain weapons at any costs, the state is not contributing as a gun trafficking mecca as labeled by the Brady Campaign.

Jordan Austin, West Virginia lobbyist for the NRA, said the scorecard is just the Brady Campaign's opinion.

"The Brady Campaign believes owning a gun period is reckless and is borderline unconstitutional," Austin said.

"Other states have tougher gun laws and have more criminal problems than West Virginia."

Austin said half the state's households have a firearm in them, but the state still remains in the bottom 25 in violent crimes. West Virginia actually saw a drop of 0.4 percent of total violent crimes from 2007 to 2008, according to Federal Bureau of Investigation statistics.

Wood said the group believes dealers are incapable of obeying the law.

Wood said he and other dealers do not want guns in the hands of convicted felons or a history of violent crimes to possess guns. He believes the current laws are adequate in this state to ensure violent criminals cannot purchase weapons.

"The Brady Campaign should not try to push what I believe to be their radical beliefs about gun control on to people, this report is just opinion."

Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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User Comments [ post comment ]
User Comment
David
3/7/10 at 12:30 AM
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The following is a paragraph from a letter written by Sarah Brady and sent to senator Howard Mtezenbaum. (taken from page 3 of the national educator january 1994) Our main agenda is to have all guns banned. We must use whatever means possible. It does'nt matter if you have to distort the facts or even lie. Our task of creating a socialiat America can only succeed when all those who resist us have been totally disarmed. This shows the Brady campaign is not a reputable source of information.
User Comment
Bob Myers
3/4/10 at 2:35 PM
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I am retired military and have had concealed carry permit in many states and have lived in many countries and believe me, West Virginia, is just fine with the way they interpret and impliment their gun laws. We have guns, know how and when to use them and we are not going to change anything until we see a flaw in our policies. The proof is in the safe and peaceful environment in which we enjoy living and the statistics prove it!
User Comment
-dan z-
3/4/10 at 8:37 AM
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What is most interesting about the Brady ratings is that they are almost perfectly inverse to crime rates. Those with extremely low ratings (think Vermont with NO gun control laws) have low crime rates (FOUR homicides in Vermont last year). Those with better ratings (think CA, NJ) have very high crime rates. As has been proven in several studies, gun control does not reduce crime. It only reduces freedom. But then maybe that is the real purpose?
User Comment
Daniel
3/4/10 at 7:59 AM
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Come on American people lets get some more democrats in office so we can just hand over all of our guns and they we can just be there hand puppets.
User Comment
John
3/4/10 at 7:25 AM
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The Brady Campaign wants nothing more then to see the entire US population completely disarmed. The only people gun laws protect are criminals.

Bottom line is, the Bradybunch is full of left wing extremist that hate the US constitution and the American way of life and want to put they're interpretation on it.

What part of "shall not be infringed" do they not understand?

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