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

Skip to comments.

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

On March 30, 2022, a three-judge panel of the Fourth Circuit published an opinion in the case of Knibbs v Momphard. The Court found for the Estate of Knibbs, which is suing Deputy Momphard of the Macon County Sheriff’s Department. It was a split opinion, for the Knibbs Estate.

Important precedents involving firearms and the Second Amendment are solidified by this opinion, which cites several previous cases.  The Constitutional Amendment primarily cited is the Fourth Amendment. However, the citation to the Fourth relies on the Second Amendment, which includes the possession of a firearm in the home for self-defense.

This author sees the important issues in this case, clarified by the March 30 opinion, as:

  1. The mere possession of a firearm by a homeowner is not sufficient to justify the use of deadly force by officers.
  2. There is a right to come to the door with a firearm.
  3. Officers must identify themselves as officers to gain qualified immunity.
  4. Mere verbal announcement, without visual confirmation, is not sufficient to gain qualified immunity.
  5. Sufficient precedent exists for officers to be aware of their duty in these situations.

A brief synopsis of the case and disputed events:

On April 29, 2018, there was a dispute between neighbors on Pheasant Drive, which was a private, one-lane dirt road without street lights. It was dark when Deputy Momphard answered the complaint. As part of the investigation, he attempted to contact the Knibbs family. He did not turn on his emergency lights or use his siren. There was a full moon.

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.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: banglist; defensedistributed; firstamendment; secondamendment
Navigation: use the links below to view more comments.
first previous 1-2021-4041 next last
To: glimmerman70

;-)


21 posted on 04/07/2022 7:33:49 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
[ Post Reply | Private Reply | To 20 | View Replies]

To: marktwain
"Coming to the door with a gun in hand is a Constitutionally protected right."

The only way I open my front door, brother.

22 posted on 04/07/2022 7:35:45 AM PDT by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nagant
In all three of the cited cases the homeowners are dead.

You are mistaken. All three homeowners were shot.

Cooper survived.

Hensley was killed.

Betton survived but was paralyzed.

The wounds and deaths are why the cases made it to the courts. If no one had been hurt, the case would almost certainly never have been brought, or would have been settled.

23 posted on 04/07/2022 7:38:48 AM PDT by marktwain
[ Post Reply | Private Reply | To 10 | View Replies]

To: paulcissa

As the father of a LEO who thankfully quit during all of this BLM and antifa bullshit because law enforcement wasn’t getting any support any level, your comments are spot on. The cop in this article is just way too stupid to be a cop. He doesn’t belong behind a desk at all, he should be fired.


24 posted on 04/07/2022 7:47:41 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
[ Post Reply | Private Reply | To 9 | View Replies]

To: marktwain

A good ruling.
It doesn’t violate personal rights or the right to defend your property.


25 posted on 04/07/2022 7:57:41 AM PDT by Zathras
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Qualified immunity + a the idea that anything a cop shouts at you is a “lawful order” = tyranny, police state & dead citizens.

Anyone that wants a badge and a gun should be examined thoroughly and frequently. Even the best of us can become infected with the us VS them virus. They must be reminded often that they are public servants and not the masters. When they put on the badge and gun, they no longer have rights. They have duties.

Yes there are many good police but they are only as “good” as the most rotten apple in the barrel.

I got a call wanting donations for the Arkansas State Troopers. I politely informed the caller that as long as Ryan Wingo remained on the force that they were ALL as bad as he is.

https://www.newskudo.com/arkansas/little-rock/crime-safety/8133325-arkansas-state-trooper-ryan-wingo-one-of-america-s-worst


26 posted on 04/07/2022 7:58:58 AM PDT by OSHA
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Thanks for another thought-provoking article!

With regards to point of view, I will mention that my first impression from reading the headline ("A Person has a Right to Come to the Door with a Firearm"), was that a court had determined that a stranger had the right to approach another person's residence from the street, carrying a firearm. I guess I could not picture that the right to come to your own door carrying a gun would ever be disputed...

;>)

27 posted on 04/07/2022 8:07:31 AM PDT by Who is John Galt? ("...mit Pulver und Blei, Die Gedanken sind frei!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Who is John Galt?
There have been numerous cases where police shot people they saw inside there homes, who were armed. Many courts upheld those as being subject to qualified immunity.

It was Heller upholding the Second Amendment as including the right to be armed in your home for defense of self and others that started the current trend.

28 posted on 04/07/2022 8:15:56 AM PDT by marktwain
[ Post Reply | Private Reply | To 27 | View Replies]

To: nagant

Kevlar around the doorframe for the win or at least reinforced concreate/brick.


29 posted on 04/07/2022 8:15:57 AM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
[ Post Reply | Private Reply | To 10 | View Replies]

To: marktwain

Do they not have telephones or cell service. Cop could have made a phone call and ask if it was OK to make an appointment to meet with the homeowner.


30 posted on 04/07/2022 8:16:59 AM PDT by WASCWatch ( WASC)
[ Post Reply | Private Reply | To 1 | View Replies]

To: WASCWatch

Why can’t the cops retreat and take a defense position, instead of guns a-blazing?


31 posted on 04/07/2022 8:41:59 AM PDT by jaydubya2
[ Post Reply | Private Reply | To 30 | View Replies]

To: jaydubya2

Law enforcement agencies in Texas have learned their lessons about no-knock warrants. There have been a few cases where juries have declined to indict residents who shot and wounded or killed officers executing no-knock warrants; including at least one where the cops knocked and then immediately busted the doors down. Just because those busting down your doors announce that they are the cops doesn’t make it true.


32 posted on 04/07/2022 9:01:28 AM PDT by WASCWatch ( WASC)
[ Post Reply | Private Reply | To 31 | View Replies]

To: nagant
Coming to the door with a gun in hand is a Constitutionally protected right.

OK I'll buy that but the question is it smart. Answer no. Many years ago I was awoken by pounding on my door at 2 AM. I was standing looking throw the peep hole with my 357 in hand.

When I recognized they were sheriff deputies the first thing I did was to put the gun down before opening the door. I knew opening the door with the gun in my hand would be an unacceptable risk.

33 posted on 04/07/2022 9:01:39 AM PDT by usurper
[ Post Reply | Private Reply | To 10 | View Replies]

bump


34 posted on 04/07/2022 9:14:03 AM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
[ Post Reply | Private Reply | To 33 | View Replies]

To: logi_cal869

The officer screwed the pooch on this one. He should have announced and allowed the home owner to know he was a police officer.

I live out in the mountains and at night I answer the door with a pistol in hand or in my waistband. All my friends and family know if they are coming to visit after dark to call or when they drive up and get out to holler and announce themselves. It takes anywhere from 30-45 minutes for the sheriff’s department to get to my place in most cases. I have myself, wife and my wife’s Mom who live on this mountain top so I am the chief of police until the sheriff gets there and I make sure these two women are protected.

My Dad nearly shot a cop who didn’t announce anything back in the mid 90’s. We usually had multiple cars in the driveway at my parents house and for a two day period everyone but Dad was gone. He pulled in the garage and turned the security system on, ate a bite of supper and retired to his bedroom to watch tv. It was late spring/early summer and he had the window open for a breeze and about 10:00pm he heard the back gate latch open and he turned the tv off quickly and grabbed his .357 and stepped between the bedroom and bathroom window where he could watch this person.

Slowly this person was walking the length of the house with their flashlight. He got to the bedroom window which was open and shinned the light in and was looking in the screen and Dad stepped over and put the barrel of the .357 on his head, cocked it and said you best not move a muscle or you are going to meet your maker. The guy stopped and stuttered it’s me Robert, it’s me! Then said his name and asked if he could move his light to his badge and Dad said do it real slow and then he realized it was an officer with the local PD who noted no cars and was checking the place out according to him.

He came my Dad’s business and said you scared the living crap out of me the next day. Dad said I didn’t know who you were and your uniform is black. I thought you were a prowler. Now I suspect the cop was looking for a way in the house myself, but that is just me. He came within a hair of getting his head blown off.


35 posted on 04/07/2022 9:15:16 AM PDT by sarge83
[ Post Reply | Private Reply | To 7 | View Replies]

To: Bshaw
Police and DPS when I was having trouble with Gravel hauling 18 wheelers out on our FM road. The Texas Railroad Commission ended up giving massive fines and pulling CDLs to end the issue

Secret Service inquiring about "Where is Lee Harvey Oswald when we REALLY need him?"

Note that during the second Bush Presidency you could buy hats, bumper stickers, and pins with this on it. During the Clintoon years it gets you a visit by the SS.

36 posted on 04/07/2022 9:30:12 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Leaning Right
Just gotta make sure you think about which way the door opens:


37 posted on 04/07/2022 9:59:30 AM PDT by Boogieman
[ Post Reply | Private Reply | To 17 | View Replies]

To: Boogieman

> Just gotta make sure you think about which way the door opens <

Good point! 👍


38 posted on 04/07/2022 10:20:00 AM PDT by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 37 | View Replies]

To: marktwain

YES! GOD , gave that right. The constitution just codifies it.


39 posted on 04/07/2022 11:47:36 AM PDT by faucetman (Just the facts, ma'am, Just the facts )
[ Post Reply | Private Reply | To 1 | View Replies]

To: sarge83

Lucky cop.


40 posted on 04/07/2022 3:35:51 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
[ Post Reply | Private Reply | To 35 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041 next last

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