Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Lawyer Files Lawsuit to Restore Virginia Veteranís Gun Rights
Big League Politics ^ | April 12, 2019 | Jose Nino

Posted on 04/12/2019 9:14:10 AM PDT by Moseley

BLP recently covered how a disabled veteran, Jon Wolff, was arrested for open carrying a BB gun.

Now, his legal representative Jonathon Moseley is dialing up the pressure with a complaint that he filed on April 11 in the U.S. District Court for the Eastern District of Virginia. This complaint was filed in response to Wolff’s arrest for “merely holding a B.B. gun down by his leg, upside down with the trigger hanging down near the ground.” The veteran held the long-gun shaped B.B. along the front tip so that it was hanging down to the group. He then proceeded to lean the gun against the fence.

However, when he yelled at the trespassers in the neighboring parking lot, a woman yelled “He’s got a gun!” The woman was accompanied by a man and went off with him towards a road construction project.

They reported this incident to their supervisor, who later called the City of Fredericksburg Police Department. Wolff would later be arrested for “assault by intimidation” for holding a gun with other people around and for “brandishing” the gun just for holding it down next to his leg. Wolff received two counts for each offense because there were two “victims”. The veteran only asked the trespassers what they were doing in a parking lot across his own backyard.

On March 21, the complaining witnesses admitted at the trial that Wolff never pointed the gun at anyone or waved it. The mere act of having a gun around other people is now a crime in Virginia, provided that someone claims that it made them feel afraid.

On January 3, Wolff heard noise in the private parking lot of the College Heights swimming pool which he knew was closed down for the season.

(Excerpt) Read more at bigleaguepolitics.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: banglist; brandishing; opencarry; prosecution; virginia
The veteran was aware that this spot was often frequented by minors who held illegal parties there. On numerous occasions, Wolff saw blue police lights flashing through his living room.

Naturally, when Wolff heard the noise, he grabbed his B.B. gun and proceeded to go outside. He brought the B.B. gun because he was not sure what he was about to get himself into. Because of this, he would later be arrested, prosecuted, and convicted of 30 days in jail for each of two counts of “brandishing.” His jail time was suspended on the grounds of good behavior.

According to Moseley, “The Fredericksburg prosecutor argued that Wolff was guilty of frightening people with his B.B. gun because he grabbed the B.B. gun on the way out his back door for self-protection.” The prosecutor spun that into guilt of assault by intimidation.

Because of this, attorney Jonathon Moseley filed a “declaratory judgment” lawsuit on April 11. A copy of the lawsuit can be found here. Details and updates about the project will be available here.

1 posted on 04/12/2019 9:14:10 AM PDT by Moseley
[ Post Reply | Private Reply | View Replies]

To: Moseley

https://www.gofundme.com/prosecuted-for-quotopen-carryquot-need-transcripts


2 posted on 04/12/2019 9:14:28 AM PDT by Moseley (http://www.MoseleyReport.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

http://www.jonathonmoseley.com/ComplaintDeclaratoryJudgmentFederal.pdf


3 posted on 04/12/2019 9:14:42 AM PDT by Moseley (http://www.MoseleyReport.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

http://www.jonathonmoseley.com/brandishing.html


4 posted on 04/12/2019 9:14:55 AM PDT by Moseley (http://www.MoseleyReport.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

DONATIONS ARE NEEDED

for his legal defense fund

https://www.gofundme.com/prosecuted-for-quotopen-carryquot-need-transcripts


5 posted on 04/12/2019 9:15:35 AM PDT by Moseley (http://www.MoseleyReport.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

“Virginia is for Pussies”


6 posted on 04/12/2019 9:16:50 AM PDT by MeganC (There is nothing feminine about feminism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

My Brother used to carry his Bolt Action .22 Rifle to Middle School when we lived in Long Island, NY. He was in the Gun Club and the School had a Range in the Basement.

Of course this was in the 1950’s when most people were sane.


7 posted on 04/12/2019 9:19:01 AM PDT by Kickass Conservative (Democracy, two Wolves and one Sheep deciding what's for Dinner.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

This is admirable, but I’m going to be “that person” because you are going to have to deal with this. So it’s better that I bring it up now so you can consider it.

How do you expect to get a federal court to rule on the Constitutionality of the Virginia Statute when you have an active State case proceeding in the courts of the Commonwealth?

“The philosophy of Younger also embraces a broader rule of comity, namely, that federal courts should abstain from the decision of constitutional challenges to state action, however meritorious the complaint may be, “whenever [the] federal claims have been or could be presented in ongoing state judicial proceedings that concern important state interests.” Colonial First Props., LLC v. Henrico County, 166 F. Supp. 2d 1070, 1075 (2001) (quoting Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 237-38, 81 L. Ed. 2d 186, 104 S. Ct. 2321 (1984).

See also Hill v. Courter, 344 F. Supp. 2d 484 (2004).

Quite a few courts have held that Younger applies to declaratory actions as well:

“Although “interference with state proceedings is at the core of the comity concern that animates Younger,” abstention under Younger may be appropriate even when the federal proceeding would not “directly interfere” in the ongoing state proceedings. “Thus, Younger abstention is appropriate where a plaintiff seeks declaratory relief, ‘because a declaration has the same practical effect on a state court proceeding as an injunction.’” Burlington Ins. Co. v. Panacorp, Inc., 758 F. Supp. 2d 1121, 1135-1136 (2010).


8 posted on 04/12/2019 9:45:45 AM PDT by TexasGurl24
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasGurl24

“How do you expect to get a federal court to rule on the Constitutionality of the Virginia Statute when you have an active State case proceeding in the courts of the Commonwealth?”

Excellent question.

The short answer is by adding more plaintiffs

However, this lead plaintiff was found NOT GUILTY of “assault by intimidation” under 18.2-57 so those charges are over.

So the plaintiff in the civil lawsuit intends to continue exercising his second amendment rights, and is entitled to declaratory judgment.

But I also expect the Virginia state criminal case to be concluded before the civil case gets very far


9 posted on 04/12/2019 10:10:49 AM PDT by Moseley (http://www.MoseleyReport.com)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Moseley

Contact the VCDL they have been targeting the brandishing statute for a while, they might have people who would join the lawsuit.


10 posted on 04/12/2019 10:15:09 AM PDT by TexasGurl24
[ Post Reply | Private Reply | To 9 | View Replies]

To: Moseley

But antifa thug intimidation is ok, right?


11 posted on 04/12/2019 10:26:41 AM PDT by A strike (Import third world become third world)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

“The veteran held the long-gun shaped B.B. along the front tip so that it was hanging down to the group.”

Fine bit of writing there, Jose.


12 posted on 04/12/2019 10:33:20 AM PDT by HartleyMBaldwin
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley
holding a B.B. gun down by his leg, upside down with the trigger hanging down near the ground.” The veteran held the long-gun shaped B.B. along the front tip so that it was hanging down to the group.

Can anyone explain what this means? I can't picture it.

13 posted on 04/12/2019 12:23:58 PM PDT by TangoLimaSierra (To the Left, The truth is Right Wing Extremism.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson