VA Police Settle with Activist Who Was Held at Gun Point, Handcuffed, and Arrested for Lawfully Carrying a Rifle During a Protest
A settlement has been reached in a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle. The settlement in Brandon Howard v. John Hunter resolved the lawsuit to the mutual satisfaction of the parties, which included claims that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder. Soon after the incident, the City of Hopewell Police Department admitted in writing that the incident involved a violation of department policy. The settlement included an apology by the defendant police officer acknowledging respect for citizens’ First and Second Amendment rights and stating “[it] was not my intention to compromise Mr. Howard’s rights under the Constitution.”
The Rutherford Institute’s complaint in Brandon Howard v. John Hunter is available at www.rutherford.org.
“As this case shows, if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, if you’ve been placed in handcuffs and transported to a police station against your will, that constitutes an arrest.”
According to the complaint filed in the U.S. District Court for the Eastern District of Virginia, on Monday, Aug. 26, 2013, Brandon Howard arrived at an overpass above Interstate 295 in the City of Hopewell, Va., and displayed a 6 foot by 4 foot sign that read “Impeach Obama.” Howard was carrying a DMTS Panther Arms AR-15 rifle slung over his shoulder on a strap, and a .380 caliber Bersa Thunder sidearm pistol in a belted holster on his waist. Howard lawfully owned each firearm and did not point or brandish them at any time while engaged in his First Amendment protest activity on the overpass. Howard displayed his protest sign for 30 minutes, but Howard did not directly engage with anyone.