West Virginia Citizens Defense League, Inc.

WVCDL Litigation

WVCDL et al. v. City of Charleston et al.

On January 24, 2011, WVCDL filed a lawsuit in the U.S. District Court for the Southern District of West Virginia against the cities of Charleston, South Charleston, and Dunbar, and their respective mayors and police chiefs, challenging the constitutionality and statutory validity of ordinances in each of those cities prohibiting carrying a firearm on city-owned property.  Additionally, WVCDL is challenging the constitutionality of Charleston's restrictive handgun sales ordinances.

• Complaint (PDF) (the original complaint has been superseded by the First Amended Complaint below)
  
• First Amended Complaint (PDF)
• Motion to Dismiss by Charleston Defendants (PDF)
  
• Brief in Support of Motion to Dismiss by Charleston Defendants (PDF)
• Motion to Dismiss by Dunbar Defendants (PDF)
  
• Brief in Support of Motion to Dismiss by Dunbar Defendants (PDF)
• Motion to Dismiss by South Charleston Defendants (PDF)
  
• Brief in Support of Motion to Dismiss by South Charleston Defendants (PDF)
• Motion of amicus curiae Brady Center to Prevent Gun Violence for Leave to File an Amicus Brief in Support of Defendants (PDF)
• Brief of amicus curiae Brady Center to Prevent Gun Violence in Support of Defendants (PDF)
• Plaintiffs' Brief in Opposition to South Charleston Motion to Dismiss (PDF)
• Declaration of Jereomy Schulz (PDF)
• Plaintiffs' Brief in Opposition to Dunbar Motion to Dismiss (PDF)
• Declaration of Elizabeth L. Morgan (PDF)
• Plaintiffs' Brief in Opposition to Charleston Motion to Dismiss (PDF)
• Declaration of Keith Morgan (PDF)
• Dunbar Reply in Support of Dunbar Motion to Dismiss (PDF)
• South Charleston Reply in Support of South Charleston Motion to Dismiss (PDF)
• Charleston Reply in Support of Charleston Motion to Dismiss (PDF) (Charleston's reply includes matters pertaining to a pair of competing, ancillary procedural motions that WVCDL is not republishing on its web site; the court has issued an order resolving both both motions in WVCDL's favor; WVCDL has redacted the text relating to these motions and will not republish any documents relating to them on this site)
• Supplemental Briefing Order (PDF)
• Plaintiffs' Response and Objections to Proposed Pullman Abstention (PDF)
• Defendants' Response and Objections to Proposed Pullman Abstention (PDF)
• Plaintiffs' First Notice of Supplemental Legal Authority (PDF)
• Plaintiffs’ Reply to Defendants’ Memorandum in Response to Plaintiffs’ Objections to Proposed Pullman Abstention (PDF)
  

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