ON APRIL 11, WE FILED A FEDERAL COMPLAINT for "Declaratory Judgment.
Click here to read the Declaratory Judgment lawsuit in the U.S. District Court for the Eastern District of Virginia
The lawsuit will seek to declare Virginia's "brandishing" statute 18.2-282 ruled unconstitutional as clashing with the Second Amendment and also for being unconstitutionally void for vagueness (violation of due process if one cannot know from the statute what is legal and what is not legal so as to act within the law without risking legal jeopardy). Virginia's generic "assault" statute 18.2-57 was also used, but that is a very broad, wide-ranging statute. As used for having an "open carry" gun in public, that is also unconstitutional "as applied" to holding a gun in public for the same reasons.
Democrat Virginia Attorney General Mark Herring, the Democrat Virginia Governor and the nationwide gun-grabbing organizations are going to come down like a ton of bricks against our lawsuit because it is a mortal threat to their agenda of disarming U.S. citizens and taking away guns.
The Second Amendment mandates that "The right to keep and bear arms shall not be infringed."
However, Virginia has convicted citizens of just HOLDING a B. B. gun "in such a manner" as to make someone feel afraid. Under the Second Amendment and the Virginia statute, they did nothing wrong.
Simply holding a gun in public is called "open carry." It is legal. It is a constitutional right.
But now gun-haters are trying to change the law to say that if anyone else is present when you hold a gun and they claim to be afraid, then you are a criminal and they will prosecute you for a misdemeanor of "brandishing" and a misdemeanor of "assault by intimidation."
It is very clear: They are claiming that merely if someone in the area claims to be afraid -- in their purely subjective claim from their point of view -- then you just holding a gun are committing a crime in Virginia.
We are asking for help from second amendment organizations. They will not be able to make a decision without reading the transcript.
You can follow the status at: http://www.JonMoseley.com/brandishing.html
which will include updates and notes and also an itemized spreadsheet of how these donations are being used. Money will be disbursed out of the escrow account at SunTrust Bank only for authorized purposes to support this campaign to reform these ambiguous and vague laws to defend your Second Amendment rights.
The plan is to be prepared to appeal the case all the way up to the U.S. Supreme Court if necessary, to prove that merely holding a gun in a non-threatening way in public is not a crime. That is why we need the court reporter's transcript. For that reason and also so that the witnesses cannot change their stories in the second trial.
Without help he these clients not be able to afford to pursue these legal rights for himself and as a precedent for others.
I am a Virginia attorney, licensed in Virginia, Jonathon Moseley in Woodbridge, Virginia . (703) 656-1230. [email redacted]. www.JonMoseley.com
- Benito Garcia
- Jeffrey Warner
- William Tansill
- Lyn Kirby