Fourth Circuit Goes On A Diatribe Against AR-15s

BY Herschel Smith
3 months, 2 weeks ago

In this video West Virginia attorney John Bryan details the decision of the Fourth Circuit concerning his client.  It’s a long video, but if you want to read the decision it can be found here.

This case should have been easy and quick.  In U.S. Versus Black, the Fourth Circuit had this to say.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states. United States v. King, 990 F.2d 1552, 1559 (10th Cir. 1993).

In this West Virginia case, Walker wasn’t a felon, and West Virginia permits open carry of firearms.  But you see, Black was carrying a handgun, and Walker was carrying one of those evil ARs, so the Fourth Circuit had to do something.

Contrary to Walker’s interpretation, the Black decision does not dictate that, in a state like West Virginia where it is legal to openly carry a firearm, the act of openly carrying a firearm can never engender reasonable suspicion.

Keep your eye on the card – now you see it, now you don’t.  Because we say so.

They go on to differentiate between handguns carried in a hip holster and the awful, wicked AR-15, which is certainly the weapon of choice by mass shooters – so says the media.  That eighty people per weekend get shot in Chicago with handguns isn’t really germane.

Nor is it germane that gangs result from the evisceration of the inner city due to fatherless families and financial encouragement to have children out of wedlock, or that Coyote hunting in West Virginia and elsewhere is commonplace and a man walking in the middle of nowhere preparing to hunt Coyotes should be fairly routine stuff to the tyrants in the police force of Putnam County.

[Note: One reason guys hunt Coyotes is because they sit in wait for deer to deliver fawns, and then eat the young, disturbing the deer herd size.  Coyotes are predators.  In groups they will also threaten people.]

What matters is that the Fourth Circuit is out of Richmond and probably reads every major rag published daily by the legacy media.  Having said all of that, the real root of the problem lies somewhere else.

It lies with the folks in Putnam County, and especially with Sheriff Bobby Eggleton.  A group of people will always take on the personality of its leader.  The offending officer in this case was vulgar, obscene, rude and tyrannical, and couldn’t go three words without cursing at Mr. Walker.  I suspect that’s what the Sheriff is like too.

So the Sheriff is to blame, but probably also the County Commissioners, who should be run out of town on a rail for allowing this sort of thing to happen.

Sheriff Bobby Eggleton: beggleton@putnamwv.org

County Commissioner Brian Ellis: bellis@putnamwv.org

County Commissioner Ron Foster: rfoster@putnamwv.org

County Commissioner Andy Skidmore: askidmore@putnamwv.org

Prosecuting Attorney Mark Sorsaia: prosecutingattorney@putnamwv.org

 


Comments

  1. On July 12, 2021 at 1:39 pm, GenEarly said:

    Local, local, Local. Sure I’m outraged but Putnam County, WVa. has it’s own Patriots or Not.
    “A People Get the Government They Deserve”.
    It may very well Come My Way, but I won’t be typing away on a posting about it either.

  2. On July 12, 2021 at 2:20 pm, Ohio Guy said:

    What GenEarly said.

  3. On July 12, 2021 at 5:16 pm, JB said:

    Expect more igorant belligerant tyrants in uniform as the mostly good guys retire or resign. Police acadamy entrance requirements will be lowered as real crime increases and there are not enough cops to fill a shift. Soon cities will take illegals to train as police. All these consequences of defunding police are predictable.

    Some 50 yrs ago I buried my Jeep in mud and could not extract myself. So I grabbed my rifle and hiked out, walking a few miles along the edge of a highway barefoot with a rifle slung over my shoulder looking for a phone. Eventually I was stopped by the Sheriffs Dept as they were called about a mangy looking guy with a rifle walking along the highway. I explained my situation and that leaving a rifle behind would have been wrong , so I kept it with me. After insuring it was unloaded and running my name these cops made some calls for me and located another guy with a 4×4 truck to pull me out. I think I was 17 at the time. The rifle was an M1 Carbine. The place Dade County Florida. No hassles. No headaches. Good helpful men in brown.

  4. On July 14, 2021 at 8:28 pm, X said:

    This is why you never trust the courts. Courts are organs of the government. Their role is to dupe you into believing that you might prevail, and thus giving you false hope by stringing the process out over years and burying the real issues under mountains of legal and procedural bullshit.

    And then they come up with some sophistry to rationalize why you lose.

    The Second Amendment to the Constitution — which is the “supreme Law of the Land; and the Judges in every State shall be bound thereby” — is quite clear: “the right of the people to keep and bear Arms, shall not be infringed.”

    Period, end of sentence. No qualifying provisions. Black-letter law.

    Yet the courts DGAF.

  5. On July 18, 2021 at 10:25 am, TRX said:

    > the awful, wicked AR-15, which is certainly the weapon of choice by mass shooters – so says the media.

    Well, that does it. The AK-47 isn’t the Devil Gun any more. I might as well paint mine pink and put Hello Kitty stickers on it.

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You are currently reading "Fourth Circuit Goes On A Diatribe Against AR-15s", entry #27695 on The Captain's Journal.

This article is filed under the category(s) AR-15s,Gun Control and was published July 11th, 2021 by Herschel Smith.

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