Religious Exemption To Mandatory Covid Vaccination

Herschel Smith · 24 Aug 2021 · 15 Comments

I authored this paper for an individual who wishes that the name be removed.  The name has been redacted from the copy provided here. In order to assist the reader with a framework for understanding this paper, it should first be emphasized that it is written from a very specific theological perspective.  The necessary presuppositions are outlined at the beginning. It could of course be objected that there may be other (what I am calling "committed Christians") who do not hold one or…… [read more]

Fourth Circuit Goes On A Diatribe Against AR-15s

BY Herschel Smith
4 months, 4 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

 

This Is How Stupid The U.S. Fourth Circuit Court Of Appeals Is

BY Herschel Smith
8 months, 3 weeks ago

You can watch the first 20 minutes and get the gist of just how dense, stolid, ridiculous and clownish the Fourth Circuit Court of Appeals is.  It sounds like a carnival full of carnival barkers, and quite obviously, they don’t care any more about what the constitution says.

I’ve been following this case since its inception and will try to keep you posted.  If the Fourth Circuit does what it appears they will do, we can all ridicule them for the tyrants they are.

Fourth Circuit Gets Amnesia And Forgets Its Own Precedents On Gun Rights

BY Herschel Smith
4 years, 10 months ago

National Review:

The Fourth Circuit Court of Appeals just suffered from an outbreak of bad judging. In an en banc opinion, the court ruled that after a lawful traffic stop, the police may frisk any person who they believe may possess a firearm, regardless of whether that person possesses a concealed-carry permit. The court actually typed this sentence: “The danger justifying a protective frisk arises from the combination of a forced police encounter and the presence of a weapon, not from any illegality of the weapon’s possession” (emphasis added.) The implications were clear: Even lawful gun owners are by definition “dangerous” and can be broadly treated as such by the state.

Before I get to the sad weakness of the court’s reasoning, let’s discuss the specific facts of U.S. v. Robinson, the case that brought us to this strange and perilous place. Police received a call that a man “in a parking lot well known for drug-trafficking activity” loaded a gun, put it in his pocket, and got in the passenger side of a car. Let’s pause for a moment and note that there is nothing inherently unlawful about any of that. It’s not unlawful to walk in a dangerous area, ride in cars in dangerous areas, or carry guns in dangerous areas. Indeed, it might well be prudent to carry where the danger is greatest.

Police later pulled over the car (the driver and passenger weren’t wearing seatbelts). Given the report that the passenger might be armed, the officer asked him to step out of the car rather than dig in his pocket for ID. The passenger, Shaquille Robinson, stepped outside. As he did, the officer asked him whether he was armed. Robinson gave the officer a “weird look,” an “Oh, crap” look that the officer interpreted as “I don’t want to lie to you, but I’m not going to tell you anything.” The officer frisked Robinson, found that he was carrying a weapon, and then recognized that he was a convicted felon. The officer then promptly arrested him as a felon in possession of a gun.

So no law was being broken, but the officer was justified based on his own safety to violate the person’s right against illegal search and seizure, the right intended for situations just like this.  Now compare and contrast this decision with the Fourth Circuit’s opinion in the case of Nathanial Black.

Nathaniel Black was part of a group of men in Charlotte, North Carolina who local police officers suspected might be engaged in criminal activity. In particular, Officers suspected that after seeing one of the men openly carrying a firearm – which was legal in North Carolina – that there was most likely another firearm present. When police began frisking the men one by one, Mr. Black wished to leave, but was told he was not free to leave. Officers chased Mr. Black and discovered that he possessed a firearm; it was later discovered that he was a previously convicted felon. Mr. Black was charged with being a felon in possession of a firearm. Before the United States District Court for the Western District of North Carolina, Mr. Black moved to suppress the evidence against him. His suppression motion was denied, he entered a guilty plea preserving a right to appeal the denial of the suppression motion, and he was sentenced to fifteen (15) years imprisonment. The United States Court of Appeals for the Fourth Circuit, however, determined that the officers had improperly seized Mr. Black, suppressed the evidence against him, and vacated his sentence.

It’s legal to openly carry a gun in North Carolina, and the mere presence of a gun was no excuse for having detained him.  The Fourth Circuit reached the correct conclusion.

So I guess someone hit them on the head with a hammer and forced amnesia.  The Fourth Circuit opinion in the case of Nathaniel Black is a good one.  This most recent one is not, and if it wasn’t amnesia, perhaps they were drunk.


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