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Fourth Circuit: A Person has a Right to Come to the Door with a Firearm
AmmoLand ^ | April 5, 2022 | Dean Weingarten

Posted on 04/07/2022 6:25:48 AM PDT by marktwain

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The Fourth Circuit clarifying what should be obvious. Coming to the door with a gun in hand is a Constitutionally protected right.
1 posted on 04/07/2022 6:25:48 AM PDT by marktwain
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To: marktwain

Clear visual LEO identification ++


2 posted on 04/07/2022 6:32:28 AM PDT by griswold3 (When chaos serves the State, the State will encourage chaos)
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To: marktwain
Been doing it all my life...

Done it with Police, DPS Troopers, even the Secret Service.

3 posted on 04/07/2022 6:35:14 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: marktwain

He ‘feared for his safety’ but then proceeded to shine his flashlight through one of the windows?


4 posted on 04/07/2022 6:36:27 AM PDT by BenLurkin ((The above is not a statement of fact. It is either opinion, or satire. Or both.))
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To: marktwain

> He did not turn on his emergency lights or use his siren. <

For me, that’s the key point right there. It is beyond me why the police don’t at least turn on their emergency lights when approaching a house after dark. Give the folks inside at least some clue that it’s the police, and not a burglar.


5 posted on 04/07/2022 6:36:47 AM PDT by Leaning Right (The steal is real.)
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To: marktwain

Split decision. One of the judges thought it was alright to shoot the homeowner because the homeowner did NOT have the right to come to the door with a weapon.

One vote, just one.


6 posted on 04/07/2022 6:36:57 AM PDT by wbarmy (Trying to do better.)
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To: marktwain

“As he knocked on the door and announced himself, he heard a shotgun being racked. He feared for his safety and moved onto an attached porch with windows. He shined his flashlight through one of the windows to see Knibbs, holding a shotgun. It is disputed whether the shotgun was pointed at Deputy Momphard or not. Momphard fired numerous shots, killing Knibbs.”


Under such conditions - no lights/sirens to-boot - the officer becomes a predator.

I would loathe to be in such a situation - to state nothing of its wake - but that officer made himself a valid target and, for at least some of us here, this story would have turned out much differently.

I applaud this decision and hopefully it leads to major reforms in regard to the corollary, ‘no-knock warrants’.

(officer training, too)


7 posted on 04/07/2022 6:48:18 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: wbarmy

I caught that, too.


8 posted on 04/07/2022 6:49:08 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: BenLurkin
He ‘feared for his safety’ but then proceeded to shine his flashlight through one of the windows?

Momphard should not be a LEO. That level of stupid illustrates lack of any strategic awareness. If it was indeed a hostile situation and there was one in the actors chamber (established), it could have cost him his life.

He's better off behind a desk.

9 posted on 04/07/2022 6:50:34 AM PDT by paulcissa (Politicians want you unarmed so they can kill you.)
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To: marktwain

I agree with the verdict, but I want to point out the obvious. In all three of the cited cases the homeowners are dead. Gun possession requires forward thinking. Place your possession and actions in future context.


10 posted on 04/07/2022 6:50:41 AM PDT by nagant
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To: Feckless

“Done it with Police, DPS Troopers, even the Secret Service.”

Why so much interaction with the Po Po?


11 posted on 04/07/2022 6:53:09 AM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: marktwain

These folks attempting to tell us what we can do behind our closed doors are very scary. They hate the idea that we can stand up against unlawful intrusion.


12 posted on 04/07/2022 6:53:20 AM PDT by Preachin' (I stand with many voters who will never vote for a pro abortion candidate.)
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To: Feckless

You get a lot of interesting visitors....lol


13 posted on 04/07/2022 6:53:40 AM PDT by Magnum44 (...against all enemies, foreign and domestic...)
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To: nagant

True, I generally would be CC when opening the door. No need to raise anxioties.


14 posted on 04/07/2022 6:56:37 AM PDT by Magnum44 (...against all enemies, foreign and domestic...)
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To: logi_cal869

He didn’t pull up with lights and siren. Anyone can knock and say I am police. If your not a felon and are legally allowed to own a firearm then you can carry a gun in your house. And the cop shines his light at him through the window. The cop is lucky the guy didn’t shoot him. Shine the light at you in your face and you can’t see who it is. I think here in Florida you can carry open on your property. I know we are allowed to and do carry open in the jewelry store I work at.


15 posted on 04/07/2022 6:57:13 AM PDT by glimmerman70
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To: Magnum44

Very true. As a recent experiment. I did not put a top shirt over my holstered weapon. First thing my family looked at when I walked in the room. Nice to be not hassled with open carry, but I like the out-of-site out-of-mind approach.


16 posted on 04/07/2022 7:04:23 AM PDT by stevio
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To: Magnum44

I have a door block on my front door. It’s not some flimsy chain on the door, but a braced 2 by 4 positioned on the floor. It allows me to open the door about four inches. Any bad guy who tries to force his way in would have some difficulty, giving me plenty of time to react.

And if it’s a friend, it only takes a moment to move that 2 by 4 out of the way.


17 posted on 04/07/2022 7:04:58 AM PDT by Leaning Right (The steal is real.)
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Comment #18 Removed by Moderator

To: glimmerman70

I think you misread my comment.

Agreed 100%.


19 posted on 04/07/2022 7:25:56 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: logi_cal869

I was agreeing with you and commenting on your comment. Lol.


20 posted on 04/07/2022 7:27:52 AM PDT by glimmerman70
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