How Helene Affected The People Of Appalachia

Herschel Smith · 30 Sep 2024 · 11 Comments

To begin with, this is your president. This ought to be one of the most shameful things ever said by a sitting president. "Do you have any words to the victims of the hurricane?" BIDEN: "We've given everything that we have." "Are there any more resources the federal government could be giving them?" BIDEN: "No." pic.twitter.com/jDMNGhpjOz — RNC Research (@RNCResearch) September 30, 2024 We must have spent too much money on Ukraine to help Americans in distress. I don't…… [read more]

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?

West Virginia Preemption Bill SB 96

BY Herschel Smith
4 years, 7 months ago

Ammoland.com.

While the news is filled with gloom and doom over Coronavirus scares, some good news came out of the West Virginia earlier today. WV Governor Jim Justice signed a bill that reinforces the state’s preemption law. Senate Bill 96 is part of a concerted effort by pro-gun politicians in WV to prevent anti-gun municipalities from passing anti-gun local ordinances that could restrict the rights of WV citizens.

The wording of Senate Bill 96 is very encompassing and deliberate. This is ideal for any legislation dealing with fundamental human rights as it helps prevent future politicians from resticting those rights by playing on the ambiguity them.

Well good.  But we’re not finished yet.  Not even nearly.

What about HB 4168?  I see the governor hasn’t signed it yet.  In fact, it isn’t clear to me that anything at all has been done with it since introduction.

What gives?  Why won’t WV legislators support gun rights?

West Virginia House Bill 4168

BY Herschel Smith
4 years, 9 months ago

House Bill 4168.

(4) Whenever the federal government assumes powers that the people did not grant it in the United States Constitution, its acts are unauthoritative, void, and of no force;

(5) The several states of the United States of America respect the proper role of the federal government, but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the United States Constitution, the federal government’s discretion, and not the United States Constitution, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of West Virginia. All such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and disciplining of militia forces actively employed in the service of the armed forces of the United States;

(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate as to what sort of arms and accessories law-abiding West Virginians may buy, sell, exchange, or otherwise possess within the borders of this state;

Of course, this is good and I applaud the representatives who sponsored this bill.  I encourage all West Virginia representatives and senators to vote in favor of this bill and make it become law.

However, just because the state is taking this stand doesn’t mean involvement in local and county politics can stand down.

The state law can be changed later, or it might not be honored.  Honoring this law would mean use of state agents and militia to interdict and stop agents of the federal government from enforcing unconstitutional gun control laws.  In fact, there are a number already on the books that are unconstitutional (namely, all of them).

So the question for the House and Senate is just this: How seriously are you going to take this, or do you see it as some sort of toothless resolution or statement of support to “send a message?”

If you see this as “sending a message,” then choose another way to do it until voters can cast you out of office and put patriots back it.

For the voters of West Virginia, you have some fisking to do, on both the state and county level.

West Virginia Legislature Overrides Veto, Legalizing Gun Carry Without Permit

BY Herschel Smith
8 years, 8 months ago

Herald-Mail Media:

The Republican-led Senate overrode Democratic Gov. Earl Ray Tomblin’s veto Saturday by a 23-11, following the House’s 64-33 vote Friday. Lawmakers only needed a simple majority for the override, a threshold that makes many policy vetoes symbolic. The law takes effect in late May.

Surrounded by law enforcement officials Thursday, Tomblin vetoed the bill over their safety concerns. He vetoed similar legislation last year.

“Ladies and gentlemen, I urge you to just look around this room for a moment, and see that law enforcement are concerned about this bill,” Tomblin said Thursday.

On Saturday, opponents echoed concerns that the Republican leadership was ignoring law enforcement’s worries.

It’s a slap in the governor’s face, but it’s a slap in the State Police’s face, sheriffs, municipal police officers and the vast majority of our constituents,” said Sen. Corey Palumbo, D-Kanawha.

Proponents contended that the proposal would help people protect themselves through a constitutional right.

“This bill will help protect West Virginians, in addition to keeping West Virginians free, as guaranteed by the Constitution,” said Sen. Kent Leonhardt, R-Monongalia.

Alaska, Wyoming, Arizona, Vermont, Maine and Kansas similarly don’t require concealed carry permits.

Well, they all deserved to be slapped in the face for opposing the free exercise of constitutional rights.  So I’m back to my original prediction.  “Nothing will happen.  The doomsday predictions the LEOs most assuredly made will not obtain.  There won’t be any discernible change in the number of firearms related crimes as a result of the elimination of permitting requirements.”

Someone remind me in about a year and we’ll go back and dig up statistics and data on this.  It’ll be fun and enlightening.

West Virginia Governor Earl Ray Tomblin Vetoes Constitutional Carry

BY Herschel Smith
8 years, 8 months ago

David Codrea:

For the second year in a row, West Virginia Governor Earl Ray Tomblin vetoed a bill that would recognize the right of citizens 21 and over to carry a gun concealed without permission from state bureaucrats, the Associated Press reported Thursday. Tomblin was flanked by “dozens of police officers and deputies,” there to provide PR support and imagery intended to “legitimize” the governor’s flouting of “shall not be infringed.”

What a putz.  I had covered this bill as if it had become law (I assumed that the legislature had overridden his previous veto), and I was clearly mistaken.  I hate that.  I hate it for the folks in West Virginia, and I hate it for the prediction I made.  I would love to use WV constitutional carry as a test case and flout my prediction (and resultant data) in front of the anti-gunners.

West Virginia Lawmakers Eliminate Concealed Handgun Carry Permit Requirements

BY Herschel Smith
8 years, 8 months ago

The Salem News:

CHARLESTON, West Virginia — The West Virginia Legislature has approved legislation allowing residents 21 or older to carry a concealed gun without first obtaining a permit or undergoing training.

The measure, passed on a bipartisan vote Wednesday, now goes to Gov. Earl Ray Tomblin for his review. He vetoed a similar bill last year.

Most states require concealed carry permits.

West Virginians between the ages of 18 and 21 could receive a provisional concealed carry permit and would be required to undergo training on proper use of guns.

Passed on bipartisan votes by both the state Senate and the House of Delegates, the proposed law includes a $50 tax credit for residents trained to carry a deadly weapon.

Senate Majority Leader Mitch Carmichael, R-Jackson, said credit would cost the state $3 million.

The bill was opposed by the West Virginia Sheriffs Association and the West Virginia Association of Counties.

Of course the bill was opposed by law enforcement.  Of course it was.  Here’s a prediction for you (and if we can remember it a year from now and find adequate data on this, we’ll assess my prediction).  Nothing will happen.  The doomsday predictions the LEOs most assuredly made will not obtain.  There won’t be any discernible change in the number of firearms related crimes as a result of the elimination of permitting requirements.

Who wants to call me wrong on this?

Joe Manchin Shows His Anti-Gun Colors Again

BY Herschel Smith
9 years, 7 months ago

Huffington Post:

Sen. Joe Manchin (D-W.Va.) is a self-described “law-abiding gun owner, hunter, card-carrying life member of the National Rifle Association and Second Amendment advocate.”

But on Thursday, he said he “strongly” opposes an NRA-backed bill in West Virginia that would nix permit and training requirements for people carrying concealed guns.

“I have always supported a West Virginian’s right to bear arms,” Manchin said in a statement. “Senate Bill 347 would allow a person to carry a concealed gun without a permit or requirement of safety training and that is irresponsible and dangerous to the people of West Virginia.”

The bill passed the state House earlier Thursday, and the state Senate on Wednesday. Still, Manchin said it was a bad idea.

“There is not one West Virginian whose Second Amendment rights will be infringed without this bill,” Manchin said. “In West Virginia, we believe in gun sense, which is common sense, and it only makes common sense for concealed carry applicants to receive proper training. I commend the brave legislators who voted no and represented their constituents who know that this is irresponsible.

West Virginia is a tradition open carry state (with some limited preemption).  So Joe believes that covering the gun with a shirt means that people needed training and certification by the state that they don’t if they open carry.  Well, Manchin voted for Obamacare, so his voting record is about as lousy at it gets.

When a politician (or anyone else) begins a conversation with “I support the right of the people to own and bear arms, but … ,” or “I believe in the second amendment, but … ,” ignore the balance of their remarks.  They are liars.

Joe doesn’t get a vote in the West Virginia legislature, so his constituency can tell him to butt out.  It’s none of his damn business.

West Virginia Constitutional Carry

BY Herschel Smith
9 years, 8 months ago

WOWKTV.com:

The WV Senate on Feb. 27 passed a bill that would allow for anyone over the age of 18 to carry a concealed weapon in West Virginia without a permit.

Sen. Mike Romano, D-Harrison, offered three amendments before the bill passed the Senate with only two votes against it.

Sen. Ron Miller, D-Greenbrier, and Sen. Corey Palumbo, D-Kanawha, were the only dissenting votes.

One of Romano’s amendments would have added a training course for anyone carrying a concealed weapon. Other amendments would have capped the age of concealed carry at 21 years old. Each amendment was rejected.

Romano ultimately voted for the bill.

“I was an 18-year-old kid, and I don’t think at that age they’re mature enough to understand the grave responsibility they have,” Romano said of changing the age of carrying a concealed weapon. “The Senate, unfortunately, caved in to special interests. I voted for the bill because I think it’s right, but I thought the amendments would add common sense adjustments.”

The legislation goes to the WV House of Delegates for consideration.

Well good for them.  In spite of the gun control efforts to the Southeast by communist Terry McAuliffe, it’s good to know and show that better can be done.  It’s important to note that this is the Senate.  I don’t know much about the Governor or how likely he is to sign this legislation if it passes the House.  He is a democrat.

If I have any readers from West Virginia, please comment here and/or send me a note and keep us posted on progress of this legislation.


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