Virginia Veteran Stripped of His Gun Rights
Jose Nino
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A disabled veteran living in Virginia has been convicted of the apparent misdemeanor crime of merely holding a b.b. gun while in public.
According to Jon Moseley, Wolff’s attorney, JonWolff was arrested for holding a gun in the presence of someone.
The incident took place on January 3, 2019 in Fredericksburg, Virginia in a townhouse complex right next a private athletic club. Jon Wolff was tried on Thursday, March 21, and convicted the same day at the Fredericksburg General District Court.
Despite losing a significant battle in District of Columbia v. Heller, which established the right to bear arms as an individual right, the anti-gun Left has not stopped fighting.
Moseley said that the anti-gun Left intends “to win the war eventually and disarm the American people. Unlike conservatives — left-wingers never quit. “
Wolff notes that gun control activists in Virginia are attempting to criminalize the possession of a gun in public. Thanks to their activism, they are now claiming it is illegal to “open carry” a firearm.
The goal, Moseley says, is to create a scenario where the mere presence of a gun with anyone in close proximity is now the crime of assault and “brandishing” a weapon.
Wolff was charged with two counts of “brandishing” a firearm under Va. Code § 18.2-282 and two counts of assault under Va. Code §18.2-57 for an incident that lasted no more than 30 seconds.
Moseley also noted that the area Wolff lived in has a “history trespassing, wild parties, and police activity”. Wolff was accustomed to seeing the blue flashing lights of police cars passing by.
On the early morning of January 3, 2019, Mr. Wolff heard a loud commotion coming from a private athletic club next to his house.
Moseley provided further details about this incident:
Jon held his B.B. gun down by his leg holding it from the front tip, so that the gun was hanging down with the trigger down near the ground. Then he leaned the B.B. gun up against the fence, and called out to a couple making noise on private property next door “What are you doing? Do you have permission to be there?
Despite not waving his B.B. gun in a threatening manner, the woman he questioned shouted “He’s got a gun!” The couple then walked away calmly, never answering his question. The people in question were temporary “flaggers” working on a road construction project, but Wolff was never aware of this before or after he asked.
Wolff casually went back into his townhouse to continue his breakfast. The police later came to arrest him for brandishing his B.B. gun and also charged him with assault.
Now, Moseley’s plan is to appeal this case all the way up to the U.S. Supreme Court if necessary. In Moseley’s view, the whole purpose of this is “to prove that merely holding a gun in a non-threatening way in public is not a crime.”
Although the federal government has infringed on gun rights for the past 70 years, state governments have proven to be major aggressors against gun rights since the Las Vegas and Parkland shootings.
However, several states have pushed back with pro-gun laws of their own like Constitutional Carry. On top of that, gun owners are standing up to the Feds with their own lawsuits against certain gun control policies such as the recent bump stock ban.
Moseley finished off his account of this incident saying that “We should all be offended by vague and ambiguous laws which can be bent like putty in the hands of prosecutors or police.”
With constant pressure from anti-gunners, pro-gun advocates find themselves fighting gun control on all fronts.
This latest case in Virginia shows that even local governments are capable of using abusive gun control measures to control people.
Supporters of Wolff are currently hosting a GoFundMe for the disabled veteran to pay for the court reporter’s transcripts that he needs so that he can appeal his court case. The veteran will also need financial help for the file fees to get a new trial in the Circuit Court before a jury.
The veteran will need to raise $1300 for the reporter’s transcript and $200 for the filing fees.
Any money raised beyond the cost of the transcript will go to Wolff’s legal defense and appeal on the Second Amendment rights
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