Fourth Circuit Goes On A Diatribe Against AR-15s

BY Herschel Smith
3 years, 5 months 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

 


Comments

  1. On July 12, 2021 at 1:39 pm, GenEarly said:

    Local, local, Local. Sure I’m outraged but Putnam County, WVa. has it’s own Patriots or Not.
    “A People Get the Government They Deserve”.
    It may very well Come My Way, but I won’t be typing away on a posting about it either.

  2. On July 12, 2021 at 2:20 pm, Ohio Guy said:

    What GenEarly said.

  3. On July 12, 2021 at 5:16 pm, JB said:

    Expect more igorant belligerant tyrants in uniform as the mostly good guys retire or resign. Police acadamy entrance requirements will be lowered as real crime increases and there are not enough cops to fill a shift. Soon cities will take illegals to train as police. All these consequences of defunding police are predictable.

    Some 50 yrs ago I buried my Jeep in mud and could not extract myself. So I grabbed my rifle and hiked out, walking a few miles along the edge of a highway barefoot with a rifle slung over my shoulder looking for a phone. Eventually I was stopped by the Sheriffs Dept as they were called about a mangy looking guy with a rifle walking along the highway. I explained my situation and that leaving a rifle behind would have been wrong , so I kept it with me. After insuring it was unloaded and running my name these cops made some calls for me and located another guy with a 4×4 truck to pull me out. I think I was 17 at the time. The rifle was an M1 Carbine. The place Dade County Florida. No hassles. No headaches. Good helpful men in brown.

  4. On July 14, 2021 at 8:28 pm, X said:

    This is why you never trust the courts. Courts are organs of the government. Their role is to dupe you into believing that you might prevail, and thus giving you false hope by stringing the process out over years and burying the real issues under mountains of legal and procedural bullshit.

    And then they come up with some sophistry to rationalize why you lose.

    The Second Amendment to the Constitution — which is the “supreme Law of the Land; and the Judges in every State shall be bound thereby” — is quite clear: “the right of the people to keep and bear Arms, shall not be infringed.”

    Period, end of sentence. No qualifying provisions. Black-letter law.

    Yet the courts DGAF.

  5. On July 18, 2021 at 10:25 am, TRX said:

    > the awful, wicked AR-15, which is certainly the weapon of choice by mass shooters – so says the media.

    Well, that does it. The AK-47 isn’t the Devil Gun any more. I might as well paint mine pink and put Hello Kitty stickers on it.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Fourth Circuit Goes On A Diatribe Against AR-15s", entry #27695 on The Captain's Journal.

This article is filed under the category(s) AR-15s,Gun Control and was published July 11th, 2021 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (285)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (379)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (230)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,803)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,675)
Guns (2,343)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (43)
ICOS (1)
IEDs (7)
Immigration (115)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (42)
Mexico (63)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (659)
Police in COIN (3)
Policy (15)
Politics (986)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (687)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (63)
Survival (205)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (100)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.