The Walker Open Carry AR Case Is Accepted For Oral Argument At The Fourth Circuit
BY Herschel Smith
3 years, 10 months ago
West Virginia civil rights attorney.
Breaking news just this afternoon: the Walker case has been accepted for oral argument by the U.S. Fourth Circuit Court of Appeals, tentatively set for March 8 through March 12, 2021. This is the case with the video showing my client, Michael Walker, walking down the side of a public roadway in Putnam County, West Virginia, on his way coyote hunting. The video is at the link.
This is good news, being that we’re the ones appealing. Most appeals are decided with a written order and no oral argument. The ones with a good likelihood of success, or which are important issues of law, are generally set for oral argument.
I’ve been following this case for a while now, and the Fourth Circuit had better be consistent with their ruling in U.S. v. Nathaniel Black. If they don’t, then they’re siding with a black man and leaving the white man at the mercy of tyrannical LEOs.
Yea, in Black, “Officer Strayer stated that although it is legal in North Carolina for a person to openly carry a firearm, in his years in the Eastway Division, he had never seen anyone do it.”
Well, officer Strayer is an idiot, poorly trained in the law, and lacks the temperament to be a LEO. I live in N.C. I see open carry all the time. I do open carry. I’ve seen kids open carry in uptown Charlotte before, walked right by them, nodded at them. Strayer needs to get out more.
By the way, Mr. Walker was under absolutely no legal or moral obligation to provide the LEO with ID. None. He was under absolutely no legal or moral obligation to supply an answer for where he was going or what he was doing, or even why he was carrying a long gun. None.
The only failure in this case was (a) the LEO who stopped him, and (b) the dispatcher who failed to fisk the caller to find out exactly what crime was being alleged. They missed a great educational opportunity to teach the public the West Virginia law.
If they can’t do even that, then what good are they? Why do they draw a paycheck?
On January 5, 2021 at 8:00 am, MMinAR said:
Open carrying is for idiots.
On January 5, 2021 at 8:39 am, Seamrog said:
How do men like that get hired to be cops?
On January 5, 2021 at 8:41 am, George 1 said:
A right not exercised will be lost.
On January 5, 2021 at 9:17 am, Herschel Smith said:
@MMinAR,
Prove it. And prove that he could have carried an AR IWB.
On January 5, 2021 at 9:59 am, Michael (from Utah) said:
@MMinAR – So, cops are idiots? Just asking for a friend.
On January 5, 2021 at 10:35 am, Fred said:
Idiocy in that case is likely occupational. Heh.
On January 5, 2021 at 10:36 am, Ned said:
I appreciated this from the first Civil Rights Lawyer’s Blog post on the Walker case:
“This is coming from the first county in the State of West Virginia to declare itself a “Second Amendment Sanctuary.” L.O.L. “
On January 5, 2021 at 11:58 am, Michael (from Utah) said:
Thanks, Fred. I agree. I’ve heard the mantra that “open carry is for idiots”, but then hear the same clowns claim that it is A-OK for police to do it. Whatever.
I open carry because it’s just easier and more convenient. I don’t think I’ve ever had a negative experience doing so.
On January 5, 2021 at 12:03 pm, Herschel Smith said:
@Michael (from Utah),
Same thing for me.
As for the first comment, he apparently didn’t study the case. He commented before knowing anything at all, a common occurrence with commenters. Mr. Walker has epilepsy and cannot get a DL.
He was going Coyote hunting, a good thing to do.
You cannot carry an AR (the perfect firearm for Coyote hunting) IWB.
The cop was the idiot here. Mr. Walker was the victim.
On January 5, 2021 at 1:15 pm, Kick Ass said:
Get used to lower standards in EVERY aspect.
We’re watching evolution being disproved before our eyes.
On January 6, 2021 at 1:13 pm, Mack said:
The Fourth Circuit effectively overruled Black in 2017.
United States v. Robinson, 846 F.3d 694 (4th Cir. 2017) (en banc)
https://casetext.com/case/united-states-v-robinson-839
or:
http://www.ca4.uscourts.gov/Opinions/144902A.P.pdf
On January 6, 2021 at 1:22 pm, Herschel Smith said:
@Mack,
Not exactly the same thing, but it should be interesting to see how this goes. The issue in Black wasn’t whether they suspected him of being armed and dangerous.
Open carry is legal in NC. The Fourth Circuit found that doing legal things isn’t justification to stop someone.
It isn’t clear to me that your cases upend the Black decision.
On January 6, 2021 at 2:59 pm, Jimmy the Saint said:
@ Herschel: “The Fourth Circuit found that doing legal things isn’t justification to stop someone.”
They’ll always find a way around that little problem. As George Carlin said: “Selling is legal. Fucking is legal. So why isn’t selling fucking legal?” Or, as our own illustrious Supreme Court said: growing your own hay, on your own land, for your own use is a form of interstate commerce.
On January 6, 2021 at 5:46 pm, Mack said:
The En Banc court subverted Terry.
Terry plainly uses the phrase “armed and PRESENTLY dangerous” — the Fourth Circuit standard is now “armed and dangerous per se.”
Officer safety, you see.
The Robinson precedent has already been used is a newer case with bad results.
https://www.ca4.uscourts.gov/opinions/184654.P.pdf
Please note the dissent.