The right to bear arms is enshrined in the U.S. Constitution. The Second Amendment says that "the right of the people to keep and bear Arms (sic), shall not be infringed." That does not mean there are no restrictions on when a person can carry a weapon. There are plenty. Virginia and each other state have their own laws and there are federal laws, as well.
Anyone facing weapons crime charges, whether at the state or the federal level, should never attempt to face them alone. The help of an attorney with experience at the appropriate legal jurisdiction could be crucial to obtaining a positive outcome.
One of the interesting aspects of our legal is that it is never static. The laws often change by legislative action. Every time a challenge to a law is mounted, it opens the door to possible change through judicial fiat. And, as readers likely know, the possibility of reinterpretation of the law by the courts motivates civil disobedience, rather than real criminal activity.
Such seems to be the case involving an anti-government activist from Northern Virginia. His case has been making headlines throughout the region since he was arrested on June 9.
What sparked all the legal action was a pro-gun video that this 31-year-old Iraq War veteran produced and posted on the Web on Independence Day. It showed him apparently loading a shotgun with shells while standing in a public plaza in D.C.
Several days later, U.S. Park Police conducted a raid on the man's home in suburban Virginia. Officers placed the man under arrest after claiming that they found hallucinogenic mushrooms in the house. He was booked on suspicion of felony possession of a controlled substance and possession while also in possession of a weapon.
The latter charge is one that he would face in federal court in D.C. if he is ever tried. Since his arrest, the man has refused to cooperate in arraignments and he remains in custody.
He has granted an interview with one news outlet and used that opportunity to say that his video was a planned act of civil disobedience connected to his political aspirations. He denies any link to the mushrooms supposedly found at his house, raising the possibility that perhaps they belong to one of several roommates.
The defendant says he is confident that he will succeed in his defense by citing the Second Amendment.
Source: MyFoxDC.com, "Activist Adam Kokesh will run for President to abolish U.S. government," July 18, 2013