In episode 5 of Freedom is Scary, an impromptu update on the late-night progress of our legal battle against Putnam County, West Virginia, in their attempts at overturning the Fourth Circuit decision in U.S. v. Black from 2013 protecting open carry rights in open carry legal states, such as West Virginia.
Read more about the Walker v. Putnam County case here: https://thecivilrightslawyer.com/2020/03/02/federal-court-rules-against-us-in-the-walker-case-let-the-appeal-begin/
Watch the original famous Youtube video of the encounter, here: https://youtu.be/FidBe0w0dCU
https://thecivilrightslawyer.com
ETA:
I discussed the Robinson case. This is it:
U.S. v. Robinson (2017): a Fourth Circuit case holding that being an occupant in a car, with a gun, makes you “armed and dangerous” as a matter of law
We can really skip ahead a few decades in the endless litigation of reasonable suspicion and Terry v. Ohio and arrive at the current predicament upon which we’ve arrived. In 2017, the Fourth Circuit took a giant chunk out of gun rights, by issuing the “en banc” opinion (which means the entire court of appellate judges on the Fourth Circuit, rather than the usual random three judge panel) of U.S. v. Robinson, 846 F.3d 694 (4th Cir. 2017) (en banc).
The majority opinion concluded categorically that the presence of a firearm on a subject, or within reach of the subject, makes that person dangerous, by virtue of being armed with a dangerous weapon. This applies objectively, and does not require any articulable facts by the police officer of some other reason why the person was dangerous. Robinson, 846 F.3d at 699. This is also one of those cases where the separate opinions are perhaps just as important as the majority opinion. For West Virginians specifically, and probably those in North Carolina, Judge Black specifically discusses in his dissent, the potential danger of the majority’s reasoning for Fourth Amendment violations in open carry states.
The other case I confused it with, was another equally bad 4th Circuit gun case: the Kolbe case:
Seems to be a big difference between judges that like and grew up with guns and judges that didn't grow with guns. Nonsense to differentiate between types of guns.
It makes me so angry that even if they considered the time of day, it didn't matter. That was one of their big arguments with the proximity of the school and prior shooting. I feel like these judges (by their way of questioning) are against guns. So now you can be suspicious for the type of clothes you wear, too?! Outrageous. I am totally disgusted by the totality of it all.
art watkins here in ky i like your show jonn
What would happen if he plead the 5th and not surrendering his ID the minute the officer said he is detained? He just called all citizens “Cock suckers” if they don’t roll over and lick his boots and while trying to let an officer know that they need to protect everyone’s right including the one that they investigate. Thank goodness, the citizen kept his cool, we all can foresee what would happen next if he called him “Cocksucker” back. Make no sense to this ruling. When a citizen have their rights violated and the police has no accountability, the citizens will lost all their faith in law enforcement. Forget about going anywhere. You could be standing in front of your home with a riffle on your back and get violated with this ruling. So much for innocent until proven guilty. GOA does some amazing works!
So-after hearing the deputy say that he’s always encountering coxksuckers refusing to be ID’d
He never sought out directions from superiors? Is that reasonable to believe???
I wished you asked the cop in his deposition that you understand your lawyers defense for your act is you are too stupid to understand the law so it’s ok.
Your doing important work. Thanks for sharing this case.with the public.
This is crazy our 2A rights are this limited!!🤬It should apply to all firearms. Thank you for all of the great information you enlighten us with. Merry Christmas
"To bear arms": to carry on or about the body, or in the clothing, or in a pocket, …". That's the SCOTUS' OFT REPEATED DEFINITION and, as you can clearly see, it absolutely includes both open AND CONCEALED carry. And, the Supreme Law says that RIGHT, "shall not be infringed"! If you look up definition of "infringe," you'll find a very long list of things the government cannoo do lawfully! Of course, we would need LAWFUL government for the Supreme Law to mean anything!
i went through this prohibited person bullcrap because of a 1st offence dui and it was 3 years my rights were taken WV makes you wait 3 years after your first offence dui then i heard they made it 1 year your rights are taken. but they made me wait the 3 years anyways its sad
What battle there should be no battle ! it's already been written in law long ago !
These coos are all out control. Why would you call someone a 'c*cks*cker'?
Imagine hundreds of attorneys, moving together as a team, nation wide, suing the states for new accountability standards and common logic standards: making their own job easy, establishing thorough and upheld accountability measures for government officials, and securing long-forgotten definitions of freedom and liberty. (Attorneys get rich from easy future suits, people are left alone unless there is an actual crime, and administrations no longer hide and refuse records and services.)
An injustice anywhere is a threat to justice everywhere.
You gotta work on update titles bud.
Maybe use update in large letters first and the name of the case afterwards. Thank you. Great content.
They put that fake BOLO out on Michael which literally put a target on his back. They may not siege him. They may just shoot him and say he went for his gun. We know that Michael would not do that but the dirty cops would definitely get away with murder.
Reports of “ legal activity “ is not reason for suspension.
Update video: https://youtu.be/5DY5ydojtqg
How can I help?
What good are the protections of the Constitution if they can simply be negated by incompetent moron police officers!
Laws and the constitution mean nothing any more..
This is a disgusting display of government abuse! UN-REAL!
More reasons to mistrust and hate the police.
The genius of the United States constitution – when it frustrates the government you know its working. I would advocate any action that would offend the Government or that would make them fear the people.
This is no longer a nation of the people, its a government against the people.
This Moron Deputy has NO business wearing a badge!
You take your wife to Virginia and more importantly, you were a us prosecutor ,Or something, UNDER BUSH
A accused white nationalist was prosecuted in a misdemeanor court and awaiting prosecution for felony charges in another court FOR THE SAME EVENT. Boy!
Man, the initial stop is illegal. Cops can't just roll up on people and start demanding ID unless they have reasonable suspicion of a crime that happened, will happen, or is happening. I didnt see any crimes going on. Other people's fears dont trump one's rights.
If all cars were around $400 to $800 each would the majority be driving a Ferrari. It like a cop saying “well man why you driving that Ferrari sports car ? “ all because he had a popular gun. Or just like stopping someone to check their wallet for counterfeit dollar bills. Thanks for what ya do John !
USC 18-242. Is about Depravation of rights under the color of law says if the person rights are violated, then the punishment can be up to death for that violation. But they don’t allow themselves to be held to that level of their own laws.
Unbelievable