Putnam County, W. Va. Open Carry Civil Rights Lawsuit Video



This is a video of my client Michael Walker being stopped by the Putnam County Sheriff’s Department in 2017 for open carrying a firearm. He had an AR-15 slung over his back, and was headed coyote hunting. We filed a federal civil rights lawsuit, which is still pending.

UPDATE: we had oral arguments today at the 4th Circuit. Here’s a debrief video I’m doing, which has a link to the recorded audio from the arguments in the description: https://youtu.be/X5XBC0mQc_w

[UPDATE 3/2/20 COURT RULES AGAINST US: https://thecivilrightslawyer.com/2020/03/02/federal-court-rules-against-us-in-the-walker-case-let-the-appeal-begin/]

Ironically, Putnam County declares itself a 2nd Amendment Sanctuary. Yet their actions speak otherwise. They are actively resisting the lawsuit, and seeking a court order justifying the conduct depicted in the video. This would allow law enforcement to stop and run a background check on anyone they observe exercising their right to open carry a firearm in WV, even though existing law says they cannot. So much for being a sanctuary…..

[UPDATE 8/17/20: Opening Brief was filed. Read it here: https://thecivilrightslawyer.com/2020/08/14/walker-case-the-ar-15-open-carry-case-opening-brief-is-filed/]

Update 9/24/20: Response Brief Received: https://thecivilrightslawyer.com/2020/09/24/the-killing-power-of-an-ar-15-an-update-on-walker-v-putnam-county/

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24 thoughts on “Putnam County, W. Va. Open Carry Civil Rights Lawsuit Video”

  1. Wv sheriff departments arw typically horrible.

    In Jackson county wv, while preaching and walking (I'm a street preacher) i was stopped and assaulted and detained by deputy Brandon Thompson. The sheriff refused to take my complaint. Was never given the body camera footage from Brandon i requested.

  2. Wow! The mouth on him! Real professional. He's got some anger issues, and he needs a psychological evaluation. What a jerk!
    Boy, I bet cops are getting real aggravated that people are starting to know their rights.😂

  3. I hate it when cops say the have the rights to do xyz they don’t have the rights they only have procedures and duty’s they have to follow the law! His rights do not supersede the citizens RIGHTS!

  4. Far too many "back woods" communities in this country do not have the financial wherewithal to justify their existence; much less justify maintaining a qualified police (sheriff's) department. But local politicians feel they have to flex muscle they do not possess just to justify their existance. These deputies need to be educated if the County can afford it or the department needs to be disbanded.

  5. Looks like these POS cops are about to get away with this shit in the case because 2 of the 3 judges deciding this case are Morons! King the so called history expert is the biggest Moron. All of the judges refuse to hear the facts, they insist on inferring all sorts of unrelated information into the case. The Qualified Immunity copout is way past due to a new Precedence. The defense is using all sorts of added beliefs like he was Too Young to carry a gun, that he was a threat to be a School Shooter (school was a mile away), that the AR-15 is a Machine Gun and that is a designed specifically for the military as a weapon used to kill people. All are just reaching and in true, yet they are the Arguments the JUDGES are using to badger the Lawyer for the guy stopped carrying the gun.

    This bully, tyrant, law breaking cop, will get away with this crap because these Lame Judges REFUSE to hear the facts objectively, have already decided and have opinions about unrelated information and the decision they will use, “Grey Area, always sides with the officer, and rule, “qualified immunity “. So in fact the true C sucker gets away with violating the civil rights (4th amendment) of the tax paying citizens who provide these @#0les with a job in the first place.

    King needs to do some real research on firearms. I would give anything to sit with Judge KING and educate him how guns work, what a machine gun actually is, the Law on guns, and how a Bump stock actually works. More so I would love to let Judge King know the truth of how Guns designed for Civilians (throughout history) we’re always superior to military guns, and these civilian guns were contracted in large numbers via military contracts. All of the gun of the revolutionary war, civil war and beyond, the military weapons sucked compared the the more expensive and hand crafted civilian guns. When a great gun was developed for the people, the military adopted it, modified it, and then it became part of the Arsenal. The same exact thing happened with the AR-15. The very Ignorant Judge KING, so called history expert, knows exactly Shit about guns and the real history of the AR-15 (AR= Automatic Rifle… NOPE!). First developed in the 1950s for civilian use, the AR-15 rifle was named after its manufacturer, Armalite. The letters “AR” do not stand for “assault rifle” or “automatic rifle.”

    Armalite sold the rifle’s design to another firearms manufacturer, Colt, in 1959. Four years later, the U.S. military selected Colt to manufacture a standard-issue model of the AR-15 — dubbed the M-16 — for soldiers in the Vietnam War.

    The case is simple of these lame judges will Stop conflating the facts. The cop had Zero Right to Stop A Citizen, Seize him (detain and run his ID), without Probable Cause to do so.

    Why does it matter about what type of GUB, had it been a Ruger 10-22, an SKS, an M1 Garand, or a Shot GUN, these cops would of pulled the same Bullshit.

    Cops want to run an ID in the hopes that you have a warrant and can take you to jail. This is what they work for, they WANT to legally arrest you! The pray you break a law that they can hook you and drag you to jail. They pray you resist so they can legally beat you, they want as much drama as possible so they can tell war stories amongst themselves. They bring problems to themselves and cry and scratch their heads when someone fights back and they lose.

    This whole system that is the American experiment is Broken! Too many laws, too many snowflake with self proclaimed power! Zero checks and balances. The Government is out of control and the People don’t even care as long as it doesn’t directly affect them.

    It’s it’s the frog (the people) in the pot (the government). When the water is cool it’s all fine and dandy, but the government keeps turning up the flame and the water is well past warm. Then it boils it’s too late and all is lost!

    Freedom is Scary, deal with it! LOL

  6. I have lived in WV most of my life and this kinda attitude is common the police in this wonderful state daily deal with the salt of the earth citizens who are polite by nature and respect law enforcement so whenever a cop doesn’t get the Answers He Wants they become belittling and mean!!!!!!

  7. I have my ccw. I don't personally care for open carrying and ar15, but I respect his right to.

    This officer is not stable or emotionally mature enough to be a police officer

  8. So this backwood hillbilly toothless sleep with your sister pig and shush if a leo ask for your ID you have to give it so all his career he is been violating right and breaking the law just admitting it on video and I bet nothing happened to this piece of s*** pig

  9. I know police officers watch these videos.. question for you guys. Why the hell are you all so god damn rude on first contact? Why do you guys got to be so condescending and angry all the time? This guy did nothing wrong, no law broken and why do you guys fucking LIE about "we got a call" BS 98 percent of the time… there is NO call of complaint. But you lie about it to be fkn assholes.
    EDIT* I do not expect any responses from officers. They are full blown cowards behind a tyrant badge. All I expect is the sound of "crickets"

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