In episode 5 of Freedom is Scary, an impromptu update on the late-night progress of our legal battle against Putnam County, West Virginia, in their attempts at overturning the Fourth Circuit decision in U.S. v. Black from 2013 protecting open carry rights in open carry legal states, such as West Virginia. Read more about the Walker v. Putnam County case here: https://thecivilrightslawyer.com/2020/03/02/federal-court-rules-against-us-in-the-walker-case-let-the-appeal-begin/ Watch the original famous Youtube video of the encounter, here: https://youtu.be/FidBe0w0dCU https://thecivilrightslawyer.com ETA: I discussed the Robinson case. This is it: U.S. v. Robinson (2017): a Fourth Circuit case holding that being an occupant in a car, with a gun, makes you “armed and dangerous” as a matter of law We can really skip ahead a few decades in the endless litigation of reasonable suspicion and Terry v. Ohio and arrive at the current predicament upon which we’ve arrived. In 2017, the Fourth Circuit took a giant chunk out of gun rights, by issuing the “en banc” opinion (which means the entire court of appellate judges on the Fourth Circuit, rather than the usual random three judge panel) of U.S. v. Robinson, 846 F.3d 694 (4th Cir. 2017) (en banc). The majority opinion concluded categorically that the presence of a firearm on a subject, or within reach of the subject, makes that person dangerous, by virtue of being armed with a dangerous weapon. This applies objectively, and does not require any articulable facts by the police officer of some other reason why the person was dangerous. Robinson, 846 F.3d at 699. This is also one of those cases where the separate opinions are perhaps just as important as the majority opinion. For West Virginians specifically, and probably those in North Carolina, Judge Black specifically discusses in his dissent, the potential danger of the majority’s reasoning for Fourth Amendment violations in open carry states. https://thecivilrightslawyer.com/what-are-your-second-amendment-rights-updated-feb-2020/ The other case I confused it with, was another equally bad 4th Circuit gun case: the Kolbe case: https://reason.com/2017/02/22/4th-circuit-upholds-marylands-assault-we/