Here’s what happened today at the 4th Circuit in the AR-15 Open Carry Case – Everything Law and Order Blog

I just finished participating in remote oral arguments before the US Fourth Circuit Court of Appeals in the Walker v. Donahoe case, out of Putnam County, WV – also known as the AR-15 Open Carry C&$ksucker case. At issue is whether we have any Fourth Amendment rights left in America, and also whether the AR-15 is a scary black rifle, the mere possession of which turns one into a mass murdering psychopath.

If you missed it live, you can listen to the recording of the arguments from this afternoon on the court’s youtube channel here: https://youtu.be/M-jhuERWWqg?t=9320

Here’s the original video at issue: https://youtu.be/FidBe0w0dCU

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By elboriyorker

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43 thoughts on “Here’s what happened today at the 4th Circuit in the AR-15 Open Carry Case”
  1. An AR15 is a 22 caliber training rifle. Cosmetically it is dressed up to look like a military rifle. It is also used for hunting small animals, like squirrels or coyotes. but it is too small and underpowered for hunting large animals like deer or elk.

  2. If we have to go to these extreems to defend our basic rights from the government, then we really have few or no rights.

  3. John, you could also allege Patterns and Practices because the cop openly stated that it's a common practice for him to stop and question every person he comes across that openly has a weapon. Right? Just to touch on this an M16 is a military weapon not an AR-15.

  4. Don't agree with gun rights argument. Don't agree with West Virginia's interpretation of 2nd amendment. Don't like guns. DO support West Virginia's legislature if they interpret case law how they see fit. DO support Hawaii's legislature if they interpret case law differently. DO support 4th amendment. DO support 1st amendment. Do support 5th amendment. Do want to be able to move to Hawaii from texas (did) if I agree with their laws. DO support upholding legislative action and not legislating from the bench. Do NOT support rogue cops deciding which laws they do and do not enforce. Do not support cops making up laws on the fly. Do not support government officials Do support this guy exercising his rights as legislature says he has them. I DO support this guy and it's scary. Guns are scary. This guy losing is scarier.

  5. Its a shame that mainstream medea forces us to YouTube which in turn censors us.
    Otherwise I would say you need your own show YESTERDAY.
    All the "cop" shows have had 'their' day, which I think is wrong and is tesponsible for all this ego crap.
    Maybe all the major social media platforms need to be changed to accomplish a free-er press.

  6. this decision by the district court is disingenuous. car accidents caused an estimated 3,160 deaths in February 2023. this is just one month. the average monthly number of people who die in car accidents is about 3,000 people. with the judges logic, the cops should be able to stop anyone driving a car based on the fact that 3,160 people died in car accidents and they can assume reasonably a car accident could happen if they did not stop the car and ID the person. the good old circular logic trick. have you noticed the 3,160 people who died in February of 2023 of car accidents did not get any traction in the corporate news media. I wonder why? but a mass shooting of 2 or more and it's all over the national news. it's all about the ratings and hype and not to offend the car manufactures.

  7. Seems if officer said " I never ID someone for carrying a gun, but your heading towards a school". But he said he always does it so the school should have no bearing in the case.

  8. The argument that "armed and dangerous" meant armed with something potentially dangerous, implies that the founders were being redundant in their phrasing. Another ridiculous conclusion as the founders were anything but verbose.

  9. I absolutely appreciate how you almost affectionately say, "MY Client". It a little thing perhaps, but it truly shows your teamwork/cooperation with your clients……it says volumes to me!

  10. Eleven states require two-party consent, however. In other words, everyone involved in a conversation must agree to be recorded. Those states are California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.Mar 18, 2022 does the state laws Trump the constitution.

  11. ALL GUN LAWS ARE UNCONSTITUTIONAL. Uvalde shows us how afraid for their own lives the pigs are. If law abiding citizens were there armed, the shootings would have ceased.

  12. If they discuss his appearance and the appearance of the fire arm, then they need to discuss is hunting with an AR, while dressed in rural hunting or camouflage clothing is normal in the mountains of WV, and that is yes. It is normal.

  13. I would have thought the right to bear arms is more specific (no clarification of weapon) than the right not to answer questions.

  14. All guns are created to kill. You may never need to (hopefully) The odds are you will not. It’s nice to Protect yourself and others. Read the second amendment it does not mention hunting. Not one time

  15. I thought Armorlite(the manufacturer) was the reason its called AR, and that "assault" rifle is the troublesome misnomer. If so, stop calling it an Assault Rifle, especially in court

  16. This has become my favorite YouTube channel. I’m 50 and hate myself for not going to law school to fight against corrupt cops for a LIVING!

  17. Only in America could this become a contentious issue. In any sane country a guy walking down the road with an AR-15 type rifle strapped to his back would surely be stopped and questioned. Given the number of mass shootings that go on in the USA every year, I don't blame the cop for wanting to stop and question the young man. In America you live by the gun and you die by the gun. Too bad it's your innocent children and other bystanders who have to pay the price. You Americans are insane when it comes to firearms!

  18. I got my undergraduate degree and started law school which I could not complete due to family issues. I would be exactly like the attorney in these videos had I completed school. The constitution and people's rights are obviously near and dear to his heart. Thank you for fighting the good fight that I am so sad I am not able to do with you.

  19. If that criminal felon with a badge was so worried, he can do his investigation from afar and watch where he goes and what he does and no get hurt and he eventually sees he's going hunting.

  20. Need a national law about guns categories and a stanrdarized detailed protocol of carrying and use.It could be necessary a national personal permit after yearly psychological evaluation of
    paranoia','depression','agressivity',
    'impulsivity','acting out capacity'.This,because of real mental psychiatric-psychological problems in many citizens through the country. AR-15 represents in tragic facts, mass killing in a historical loving country of fire arms.Many people became scary paranoid against this symbol of death and their owners,particularly in open spaces,in public areas.Actually this is other element of prejudice and social division that is seen in police and courts.Police must be trained in this national law.The importance of a national legislation about this matter is at the level of Constitution principle that let all the citizens be armed in defense of the country and obviously,themselves.

  21. Let's say they did stop a human walking down the street. Then forcibly ID them, man, after the man states his right not to be harassed. Then they found he was a felon and charge him. Could you fight a wrongfully arrest since the cop did not have the right to ID the person and the person stated his rights? At the time the cop did not suspect the man was a felon he was just circumventing the man's rights.

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