Morrisey Files Motion to Dismiss Charleston Gun Lawsuit

Apr 17, 2014

Attorney General Patrick Morrisey has filed motions to intervene in and dismiss a Kanawha County Circuit Court case challenging a new state gun control law.

Attorney General Patrick Morissey testifying before a Senate committee earlier this year.
Credit Janet Kunicki / West Virginia Public Broadcasting

The bill passed during this year’s legislative session strives to make gun ordinances uniform across the state.

In a release, Morrisey said the case should be dismissed because the City of Charleston did not name a defendant. Instead, the city is asking the circuit court judge to rule on the "validity" and "construction" of the new law.

Morrisey contended that request violates basic court rules because there is no conflict between two parties. He said Charleston is not using the correct method to seek answers.

Charleston Mayor Danny Jones has been an outspoken opponent of the law, but a request for comment was not returned Thursday afternoon.