Petition For Rehearing En Banc Filed In The Walker Case

BY Herschel Smith
2 months ago

Y’all recall the coverage of Mr. Walker who was stopped by the crude, vulgar, loud-mouthed jerk cop because he was carrying an AR-15 to Coyote hunt in the middle of nowhere in West Virginia?  I wasn’t aware of the fact that the first decision at the Fourth Circuit was a panel.  The Attorney representing him, John Bryan, has filed a petition for rehearing in the case.

If the Panel Opinion remains, Black is meaningless, because there will always be “more” available to any police officer. Even if an individual has violated no law, they will be subject to detainment based on any speculative crime which generally could be committed by any anonymous person. A man walking in the direction of any woman might be a rapist, given that he would appear to have the physical ability to carry out a rape. Any driver of a car heading in the direction of any other human being might be a potential murderer, because they appear to have the physical ability to run-over people, should they so choose. The analogies could go on and on because, like the Michael Walker case, these scenarios are all generalized, rather than based on individualized reasonable suspicion.

Deputy Donahoe did, and claims to have done numerous other times, exactly that which Black forbade: to assume that being a felon in possession of a firearm was the default status; that, without more, he could detain and ID anyone he saw with a firearm. He admitted that he had no information that Walker may have been a prohibited person. (J.A. 162:5-8). Donahoe admitted under oath that had no indications that Mr. Walker was a threat to anyone, nor appeared to have any ill intentions (J.A. 167:1-4). Donahoe told Mr. Walker at the beginning of the stop, “At this point, I have the absolute right to see whether you’re legal to carry that gun or not.” (See J.A. 209 – Video of Incident).

I like the cut of his jib.  Either the Fourth Circuit mans up and does the right thing, or else their decision in the Black case is meaningless (we’ve covered this case too having to do with Mr. Black and the Charlotte Mecklenburg Police Department).

I discussed this case with a Charlotte cop I know at length – I’ll reiterate what we discussed at some point again in the future.  Needless to say, I was disappointed at the cop’s lack of concern over what the Fourth Circuit had decided, and equally disappointed in the rights he felt he had to detain people.


Comments

  1. On July 23, 2021 at 8:16 am, JB said:

    I have followed this case from the beginning and others like it and believe the “halt and show me your papers” phenmona by law enforcement will be with us forever. Society has been well trained over the past century or more to believe that anyone not in uniform and carrying a gun is a bad guy. The hodgepodge of gun laws across the country adds to this, as persons traveling from an open carry prohibited state into a state where open carry is lawful would be likely to call 911 on a rifle toting person with no evil intent.

    Remember the population has been told from their early years that a man with a gun not in uniform is a dangerous person. It will take generations of public education of gun rights along with a consistant application and enforcement of the Second Amendment throughout the US to train the general public that the mere posession or display of a firearm does not constitute evil intent or is a criminal act in itself.
    And frankly I dont see this ever happening. The forces against the Second Amendment are large, transcending US borders as both the UN and its member countries all treat firearms as lethal poison to be posessed only by “authorities.” Other forces aganist the excercise of the Second Amendment are police organizations, teachers unions, media giants, hollywood actors, liberals in general, judges and lawmakers sworn to protect and obey the constition. In other words the very influential people Americans were raised to respect and like are the antagonists against the Second Amendment. And even if police agencies are well trained in current law or court decisions I suspect they will continue stop gun carrying persons and demand their papers out of fear the one person they wave on will be the one that shoots up a daycare center or other evil act.

    Note that the Communist Biden regime has asked the UN to send a Human Rights inspection team into the US to measure “Racism” in America. Its not a stretch for this inspection team to widen their probe to include guns, and anything else they sniff out. I remind readers of the despotic nations that are on the UN Human Rights committee, as are individuals that champion CRS and Marxism. I bet the UN report on racism in America has already been written and in it are UN mandates for both Reparations and Gun Control.

    Should lawmakers bow to the orders of the UN it will be the final chapter of the USA. To what extent the reaction of Americans to Reparations and the nullification of the Second Amendment is unknown. I tend to believe the final chapter for America as a Constitutional Republic are now in play by the Biden Regime After they finish, “ Civil Rights” will be replaced by a Communist Order and the words will be erased in lawnooks of the New Amerika

  2. On July 23, 2021 at 8:19 am, Anon said:

    “I discussed this case with a Charlotte cop I know at length – I’ll reiterate what we discussed at some point again in the future. Needless to say, I was disappointed at the cop’s lack of concern over what the Fourth Circuit had decided, and equally disappointed in the rights he felt he had to detain people.”

    I think you will find that your cop falls within the majority mindset of all cops…always remember they are not concerned with our dead constitutional rights or safety; only power over you, their paychecks/pensions, and getting home safely every night.

  3. On July 23, 2021 at 10:29 am, Longbow said:

    Anon:

    You are correct, Sir.

  4. On July 23, 2021 at 4:32 pm, Roger J said:

    Almost 30 years ago, a survey was given to Marine enlisted men at Twentynine Palms. The survey asked if they would obey an official order to confiscate firearms from American citizens. Most of the surveys were returned “Hello, no!” and many with unprintable obscenities. At the time, with Bill Clinton and his Satanic Consort ramping up their anti-2A activities, it gave me hope. I wonder what the survey would show now, after three decades of media propaganda and “wokeness” training?

  5. On July 24, 2021 at 11:18 am, Sisu said:

    Acceptance of the Petition for an En Banc hearing seems unlikely based simply on the following: 17 Judges (plus one vacancy with a biden nominee pending; noteworthy and potentially relevant); 3 – Trump appointees; 6 – barry appointees; 3 – GW Bush appointees; 3 – slick willy appointees; 1- GHW Bush appointee; and 1 – Reagan appointee. According to the Court’s Rule there need not be a recorded vote. …

    I’ll pray that the majority of those seated are just individuals who believe in the G-d given rights protected by the Constitution. … And, reserve comment beyond that.

  6. On July 24, 2021 at 12:29 pm, xtphreak said:

    Unless it just changed, NC has no “stop and identify statute”.

    BUT

    NCGS 14-415.21. Violations of this Article punishable as an infraction.

    (a) A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person’s possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14-415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14-3.1 …

    I’ve always been told (CHP class, LEO) that this means if “approached” by an LEO, you must volunteer your ID and CHP if you are carrying concealed.

    I’ve always taken this to mean if stopped by an LEO, who can legally request my ID (traffic stop, etc), I have to show ID & CHP, but I am a little tiny bit confused.

    If I’m carrying openly, do I fall under “…NC has no “stop and identify statute”…” or 14-415.21?

  7. On July 24, 2021 at 1:27 pm, Ned said:

    @ xtphreak: § 14-415.11. Permit to carry concealed handgun; scope of permit.
    (a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer.

  8. On July 24, 2021 at 2:16 pm, Ned said:

    xt – No reference in 14-415.21 to anything other than concealed carry. I can’t see how it would be relevant to open carry.

  9. On July 24, 2021 at 8:04 pm, Fred said:

    Yeah some states are “must notify” upon contact. If I recall, I don’t think must notify applies to open carry in any permitting state. The very idea of that is very dumb, but give them time and somewhere it will become law.

  10. On July 26, 2021 at 8:26 am, Okanogan Offgrid said:

    There. Are. No. Good. Cops.

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You are currently reading "Petition For Rehearing En Banc Filed In The Walker Case", entry #27742 on The Captain's Journal.

This article is filed under the category(s) Police,Second Amendment and was published July 22nd, 2021 by Herschel Smith.

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