Judge Denies Two Former Cops Gun Rights Because of Capitol Riots

How Judges Ignore the Constitution on the Right to Keep & Bear Arms Moussa81, iStock-1006474816
Judge Denies Two Former Cops Their Gun Rights Because of Capitol Riots, iStock-1006474816

WASHINGTON, D.C.-(Ammoland.com)- A federal judge stripped two former police officers from Rocky Mount, Virginia of their Second Amendment right to bear arms as they await a trial of charges related to the U.S. Capitol Riots that took place in January.

Judge Christopher Cooper originally stripped Jacob Fracker, 29, and Thomas Robertson, 47, of their gun rights in January. The two former officer’s lawyers asked the judge to reconsider the prohibition of firearms for the two Rocky Mount men. The men’s defense attorneys for the two men argued that the dangerous criminals that the two officers put behind bars in their sworn duty as police officers could seek revenge since the judge stripped the two officers of the best self-defense tool.

Both officers attended the “Stop the Steal” rally in Washington, D.C., on January 6th, 2021.

The rally was protesting what the crowd perceived as a stolen election.

During the protest, a small percentage of the attendees pushed their way into the Capitol building during the election certification. Democrats used the riot as a Constitutionally questionable excuse to impeach Trump to prevent him from ever running for office again. The move failed as Congress acquitted the former president.

Federal prosecutors charged both men with taking part in the riot at the Capitol.

They face charges of obstruction of an official proceeding because the election results’ certification was interrupted and delayed because of the incident. Prosecutors also charged the two men with remaining in a restricted area and disorderly conduct.

The Rocky Mount Police Department fired both officers when pictures of the two men inside the Capitol building surfaced online, and prosecutors filed federal charges against the two officers. Fracker is also a corporal in the Virginia National Guard and has served his country with honor.

“He has made many, many arrests on violent and dangerous people over his career path,” Fracker’s attorney Bernard Crane said. “He needs his firearm for personal protection.”

Crane will present the judge a sealed motion that names specific people who threaten Fracker’s safety. The lawyer argues that these violent criminals are in close proximity to the former officer and could attack him at any time. He hopes that the sealed motion will convince the judge that Fracker’s life is at risk and needs a firearm to ensure his safety and the safety of his family.

Robertson’s lawyer expressed the same concern of his client. Robertson has not been found guilty of any crime and feels that stripping him of his rights puts his life and the life of his family in danger from criminals seeking revenge on the officer for protecting the citizens of his town. The judge was unmoved by the men’s argument.

The court freed both former law enforcement officers on a $15,000 unsecured release bond. In addition to the federal judge stripping the two men of their Second Amendment rights, the judge also denied the two men of their First Amendment rights by barring them from participating in protest while they await trial for the filed charges.

About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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“The rally was protesting what the crowd perceived as a stolen election.” PERCEIVED??? THE ELECTION WAS STOLEN. PERIOD. The evidence is all over the place but SOMEBODY has too stinking much power and between censorship of the TRUTH and the lying media, we are now supposed to say it was PERCEIVED? VOTING has become a COMPLETE joke. It was just a joke for a long time, but now it is COMPLETE. Come on John…


LOL…you’re funny definitely not courageous!! But keep your lying energy. Shii…it’s extremely laughable. Lol


Two people were denied their rights before conviction.

Why is it relevant that they were LEOs? Everyone has the right to protect themselves.

J Gibbons

Because retired LEOs have extra rights that grant them a version of reciprocity and because retired LEOs tend to be targets of revenge.

But, overall, you are right that the key here is that 2nd Amendment rights are being stripped inconsistently by an activist judge.


J Gibbons,

They may be targets for revenge. That is just the reason they indicated they have a need for self-protection. Other people have other reasons.

The logic used in the article is similar to “may issue” jurisdictions in which the government decides who has a good-enough reason to protect themselves.

Retired LEOs should not have “extra rights.”


Many non LEOs are killed because of revenge. But I know, they are special because they have a lot more people wanting revenge for being caged for victimless crimes.


This is not unusual. Judges do this all the time. The charge is what got their guns removed. If their cases get dismissed or they win in trial, I’m sure they could earn their rights back. This is procedural.


My point was that mere charges of obstruction of an official proceeding, remaining in a restricted area, and disorderly conduct should not result in the loss of firearm rights. Doing it routinely doesn’t change my view.

The argument made (the government should not deny rights to government employees) is unconvincing and indicative of the mindset of many.


@JSNMGC, I agree, everyone SHOULD have a Right to protect themselves!   “Why is it relevant that they were LEOs?” Because LEOs deal with criminals everyday and the average citizen probably not so much. By the very nature of the job LEO’s have a statistically higher chance of being targeted than most other citizens. This also applies to retired LEOs. Just because an LEO retires doesn’t mean Joe criminal won’t recognize him/her on the street, in the store, in the restaurant, etc…, and believe they are responsible for sending them to prison. Many criminals hold grudges and won’t hesitate to… Read more »


So you are in favor of LEOs having exemptions.

As explained in my response to J Gibbons, many non-LEOs have reasons to protect themselves (one of the reasons is to protect themselves from revenge). What does being a LEO have to do with the defense?

I’m aware of LEOSA – it should never have been passed

Are you also in favor of CA LEOs being able to buy “off roster” handguns and resell them to non-LEOs?

There is a growing rift between LEOs and the people who historically supported them. Exemptions from firearm laws are one of the many reasons.


@JSNGMC, I’m not familiar with CA LEO issue but based on what you have written, no they should not have special privileges. Then again, I do not support gun control in any manner. The Constitution says “WILL NOT BE INFRINGED”.


As a show of solidarity, CA LEOs should not buy off roster handguns. As a group, they should also make a statement that they do not agree with the law.

Instead, many of them are like pigs at the trough. Numerous LEOs in CA have bought more than even the law allows them and they engage in the business of selling firearms for a profit.


I do not support gun control in any manner. The Constitution says “WILL NOT BE INFRINGED”.However given the fact that 2A Rights are restricted, I do support LEOSA because of the statistically higher chance of LEOs being targeted.


“All animals are equal, but some animals are more equal than others.”

Many non-LEOs are more at risk than most LEOs.


“All animals are equal, but some animals are more equal than others.”

Ummm please explain this quote. I’m not quite getting it.


It’s a quote from the book “Animal Farm” written by George Orwell. The book used animals on a farm as an allegory for how humans create totalitarian regimes. There’s some dispute on the exact point Orwell was trying to make with the whole book, however. The quote references one of the original rules the animals agreed upon after they had control of the farm. The rule was “All Animals Are Equal.” After some of the animals were able to get others to do their bidding, and achieved complete control, they changed the rule to “All animals are equal, but some… Read more »


Well golly gee…….confront a troll with a straightforward answer and they go silent. Imagine that! It’s rather obvious that A B C DEEEEEEE never read Animal Farm and if they did, they didn’t understand a word of it.


I’m more concerned about the dog characters in Animal Farm.


The reason you are “not quite getting it” is because you are an uneducated participation trophy twit! You do not have any life experiences, have proven you are uneducated do not even know your own culture, are unable to grasp basic concepts of logic, are neither intellectually nor emotionally capable of arguing honestly, openly, and factually concerning these issues which have been raised concerning the terrorists and fascists of BLM and antifa. Case in point: “This is predominantly a peaceful protest!” said the abject ass of a CNN on the scene reporter while several buildings were in the process of… Read more »


“These are not extra rights”

Government has just decided that they won’t harass, assault, kidnap, and/or even kill their own employees for exercising their rights. They won’t be extending to the rest of us, the citizens to whom the 2A applies, that same courtesy. So, while they may not be getting extra rights, they’re certainly deemed more important than the rest of us.


Maybe if I turn it around on him: USCitizen, the number one reason for people being shot is over an economic dispute. Very few LEOs are shot due to revenge (when compared to the number of non-LEOs shot due to economic disputes). Many non-LEOs earn far more than LEOs. Therefore, non-LEOs should have more firearm rights than off-duty LEOs. See how that works? Some data related to one area of one city: https://heyjackass.com/category/2020/ If LEOs just came out and said there should be no distinction between the firearm laws regulating off-duty LEOs and non-LEOs, you would enjoy much more support.… Read more »


Any Democrat who supported the BLM riots this summer should be stripped of thier second amendment rights using this criteria . This double edge sword needs to cut both ways or we no longer have justice in America . Take Joe Biden’s shotgun as he is responsible for stoking the flames of division and supporting rioters this last summer .


LOL…such a freaking idiot!!


: Do not leave out the FAUX vice-presiDent Kamala Harris. SHE CALLED FOR THE FUNDING TO BAIL OUT THE antifa and blm THUGS!!


Show me all the prosecutions and denial of gun rights for the thousands of BLM and Antifa that have attacked cops with deadly weapons or tried to seal federal officers inside buildings and set the buildings on fire.

One way justice isn’t justice.


that there is a violation of their14th Amendment right to equal protection under law. case dismissed.


It’s nuts…


In most cases, bad LEOs followed bad orders not to arrest the mostly violent rioters.


Because of the bad LEOs and the other coward LEOs who don’t report and further don’t arrest their ass for being in violation. Blame your PDs and LEOs for most of this. Sooner or later you knew certain people wasn’t going to go for this. You can to change and get right. The train is moving and it’s not stopping. Get on board because the alternative will die with Trump!!


If you want to address the abuse of power by individual LEOs, there are plenty of people who would work with you.

Lying, burning and looting businesses is not going to help.


Definitely not for looting or destruction of property but I am for a full national law enforcement system change. I think all LEOs and PDs should be under our federal government. Not local municipality.


That is not a good idea.

You said you are against totalitarianism. Federalizing all law enforcement is a giant step toward totalitarianism.

We should have less armed federal law enforcement agents, not more.


Stalin, Hitler, Castro, the Kim dynasty and the Khmer Rouge all agree with you.


You comical. Lol


You are antifa! Your in the wrong place, go your blanky da blanky self some where else where your wanted needed. Your defiantly not wanted here with your bullsh–t.


Are fascists? Lol Why you think you’re in the wrong place? Because I’m here commenting? This is exactly where I need to be so that I can help educate some of you with your Trump supporting ideas. So I guess I’m Herero stay my brutha. Either change with the times or ride off in the sunset homie. It’s our country and I’m sure we both are not going anywhere.


There is a tendency for people to only listen to people who agree with them, particularly online. I for one welcome hearing an alternative viewpoint. In addition to being amusing, @Dee occasionally provides opposing views with a hint of legitimacy. It is hypocritical of us to exclude alternate viewpoints from our world while griping about cancel culture of the left and how our viewpoint is never heard. If we wish to convince any of those who oppose civil rights – we need to understand their thought process and “logic.” Otherwise we continue to offer arguments that work on us but… Read more »


And then there are those who repeatedly prove that they are just flotsam and should be treated as such.


Sorry, no sale on your argument in the case of @Dee: Honest, open-minded, an intellectually sound argumentation is based upon long accepted norms. There is not my logic, or your logic, there is simply logic; ie, logic 101 in a community college or university class. You can take such a class on the Left Coast and you can take such a class on the East Coast and if the professors are teaching stock, traditional, logic using similar text, students in both classes will be taught basic logic protocols. We will also be taught what is illogical, that is false logical… Read more »


No. Blame the elected officials in all of the progressive utopian urban areas who are in control of the police departments within their jurisdictions. Here is a hint for you. Leftism destroys everything in its path and builds/manages nothing. Cities like Chicago, Baltimore, LA, SF, Portland, Seattle and many others have been held firmly in the grip of progressive/leftist political elites for decades. They are responsible for everything their agencies do or fail to do. That includes the police. Elect people with sound minds and sound premises and you get sound results.


There have been many LEO abuse of power incidents that had nothing to do with Democrat politicians. If Dee stuck to that, and stuck to the truth, he would find a lot of support.

All good LEOs want those abusive LEOs held accountable for their decisions (decisions that had nothing to do with politicians).

Regarding LEOs following bad orders issued by their leadership who report to Democrat politicians, they still have choices to make. Absolving them of personal responsibility (as you have done) is a really bad idea.


Thomas Jefferson warned us about a “Runaway Judiciary” but we didn’t listen or perhaps, we didn’t t understand!


F¥(K Thomas Jefferson!!! LOL

uncle dudley

The charges against these two former cops sounds like misdemeanors which in my opinion doesn’t rise to the level that the judge has issued of no second amendment rights.
It would be a different story if these guys had physically assaulted someone at the protest or damaged federal property that rose to a felony level.
The judge most likely is an anti-gun appointee and never misses a chance to trample on the second amendment.


BS…they threatened the highest level of diplomacy!!


Another “Judge” that doesn’t know or understand the Constitution.

Dave in Fairfax


He knows, he prolly just doesn’t give a damn. Activists are like that, any excuse to wield power will do.


The main reason is because we don’t shoot them. Tyrants abound while we sit on the way to stop them.


He gave a damn Dave. You don’t give these idiots guns period!! I probably won’t be opposed to red flagging family members and friends of these two individuals. Their friends and/or family should have confronted their ass and stopped them or reported them to the FBI!!

Dave in Fairfax


Have you ever heard, “Let the punishment fit the crime.”
They’re charged with,”remaining in a restricted area and disorderly conduct.” That’s pretty slim charges for taking 2A rights. I doubt that either is a felony.
It sounds as though their dept didn’t even do a proper investigation, they just fired them.
I know that you don’t have much use for the Constitution or our systemn of laws, but you need to put your emotions on hold and give the matter some thought.


Dave are you serious!!! High level officials thought they were gonna die. People even died. Dave don’t be and idiot even if you support a certain side. It just shows where your mind is at. I think most of these individuals should be held without bail because of their threat level.

Dave in Fairfax

Dee, The “high level officials” who said that they were going to die were shown to be liars by the people who have offices right next to them or are drama queens who ALWAYS overstate things for maximum PR effect. The person who died at the scene was shot by a trigger happy cop, the officer who died was a Trump supporter who had underlying medical conditions that resulted in his death, he was NOT hit with a fire extinguisher. Trespassing, which is the most that the majority could actually be charged with is a stretch since the officers guarding… Read more »

Last edited 1 year ago by Dave in Fairfax

“Dee”is a leftist troll who is incapable of rational, logical, empirical thought! Leftists do not think, they only feel!

I do applaud your attempt however sir, you are using facts, real-world facts, and those never play well with leftists: they have nary a clue concerning what to do with facts except ignore them.

Dave in Fairfax


Trust me, I know what Dee is. I keep hoping that somehow thought will break through the conditioning. It’s a personal failing of mine.

Last edited 1 year ago by Dave in Fairfax

Matthew 5:29-30
King James Version
29 And if thy right eye offend thee, pluck it out, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.
30 And if thy right hand offend thee, cut it off, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.

Dave in Fairfax


I considered that. Repeatedly. If I was certain that Dee was beyond redemption it would be different. As it is, I still hold out hope and don’t view Dee as a real threat, just an annoyance. It isn’t as though he/she is actually going to be able to lead anyone astray, he/she can’t even write except in jive.


Sounds to me that this Judge is an antifa/blm personage.


LOL…racist much??


Only people using firearms at the rumble pushing and shoving tussle were LE. This insanity coming from and being created by Democrats in DC has about run its course. Americans will only take so much bs,hatred, threats and lies from the US Govt. The nation was founded and fought for over establishing our Rights & Freedoms…Do we have to do it again ?


So now they’re the criminal & should live as one. Show them how well laws work. They only work if you’re law abiding. Hell the guy that lost his bicep had a firearm illegally & as far as I know wasn’t charged.


Gage was special. He was a rioter and that’s OK. We live in an insane asylum run by psychopathic control freaks.

Last edited 1 year ago by CourageousLion

I don’t believe the LEOs arrested Gaige Grosskreutz (for trying to kill Rittenhouse).

Last edited 1 year ago by JSNMGC

For trying to stop a murderer from killing more individuals?!?! You funny guy…lol.


You watched all the videos and that was your conclusion?


Abso-freaking-lutely!! Nothing good come from kids brandishing firearms. This kid murdered 2 individuals that was not armed!! And was there for legal protest. He’s a known racist who continues to break the law.


When you watched all the videos, did you see:

  • Anthony Huber attack Rittenhouse?
  • Did you see Joseph Rosenbaum attack Rittenhouse?
  • Did you see Gaige Grosskreutz attack Rittenhouse?

After watching the videos, there was no doubt in your mind that Rittenhouse committed murder? None?

Are you open to listening to evidence that comes out during the trial?

Dave in Fairfax


Once again you are ignoring the video proof of what happened in favor of your political agenda and slandering a person who was obviously defending themselves.

Stop before you lose what little credibility you might still have.


– Please stop allowing your racism to over-ride your intellect.


These cognoscenti want you to believe, the riot which ensued from, what many believed was a permitted entry to the Capitol, was the equivalent of the assault on Fort Sumpter, in 1861 which precipitated the Civil War, or heaven forbid. 9/11. In fact (which is almost universally omitted), there were nearly one million peaceable demonstrators assembled in Washington, January 6th. It was at least comparable to the March on Washington for Civil Rights, August 1963. News cameras hardly ever turned to film the huge throng.


The best way of knowing what crop you will reap is by knowing what seeds you have sown. That goes for everyone, at all levels.


Roy your comments getting better. I do dig this one. Both sides you’re right. The seeds that are planted will grow. So both sides must enjoy their crop. Seeds been planted in the country for over 500 years!!!


Plenty of people in the history of America have, on occasion, prayed for crop failure.


Exactly!! Those are the people we need to change.

Mystic Wolf

Yeah now these two know how the rest of the country feels about having our guns taken from us and the red flag laws that we get hit with all the time,


My sympathy doesn’t run that far…LEOs shouldn’t get any more privileges than the rest of us, and they ain’t LEOs any more.


Judge has denied these men of due process, they are innocent until convicted by a jury. Until then they can not be prohibited from legally owning and using firearms. Just NUTS.


totally disgusted with the court and the federal bunglers incompetents with their bias. Didn’t even look into voter fraud and cheating but they’re using every tool they can to hunt protesters down, but only conservative protesters. Ignore antifa and blm


It appears the two LEO’s mentioned in this article failed to engage their critical thinking skills before they acted. That said I realize hindsight is always 20/20 so this is my opinion.   First. there was nothing wrong with attending the “Stop the Steal Rally” on January 6th, it was their Right as U.S. Citizens. Second, as LEOs it was incumbent on them and imperative to make sure their actions on that day were legal and above reproach. Third, they should have known their actions, even if they were legal, would be highly scrutinized. This is the world in which we… Read more »


What do you think of the argument that was used claiming they should not be deprived of their firearm rights because they are LEOs?

What do you think of “LEO carveouts” in general – that is LEOs and retired LEOs having exemptions from certain firearm laws?


@ JSNGMC, good questions! “What do I think of the argument that was used claiming they should not be deprived of their firearm rights because they are LEOs?”   Any argument should be based on fact and situation. Aside from felony convictions I agree that LEOs should not be deprived of their 2A Rights. Then again, I don’t believe anyone should be denied their 2A Rights for the same reason. Keeping in mind, LEO’s have a statistically higher chance of being targeted than most other citizens so yes, as a general rule LEOs should not be deprived of their 2A… Read more »


Easy way to even things up, isn’t there? Just don’t enforce laws that you are not subject to.

Also, there are lots of non-LEOs who are at more risk then most off-duty LEOs.


@US citizen – While it is true that ex-LEO may have elevated risk of targeted attack compared to non-drug dealing individuals of similar social standing, I would argue they are less at risk for random violence. If they do not have elevated situation awareness with better recognition of impending violence, as well as ability to project image of strength they had no business being LEO in the first place. Not unreasonable to expect them (and their family) to take security seriously, and know what works – a well secured house being less likely to be targeted. Seeing as random violence… Read more »


Has to be a Communist Democrap appointed federal judge.


Keep in mind that arguing with logic against emotions is a fruitless journey. Don’t waste your time.


Yep the solution is to rid this Trump fascism out of our country. We need to this swiftly.


They had bad/incompetent lawyers.


‍♂️ Wonder how many citizens’ rights they trampled on in the course of their employment. Don’t do the crime if you can’t do the time. Play stupid games, win stupid prizes, right? Eff ’em.


Hey Dimwit,

If they’ll come for people with badges they’ll have no problem going after people who have no badges!

Wake up and smell the cordite!

Cheers from the oil patch in Central Wyoming


Well let em take the guns of the ones in badges that disparage first.


Wonder how many citizens had their lives saved by these two officers. How many interactions have you had with LEO’s? I have never had one be anything but courteous to me or anyone I have seen them interacting with.

I have seen several people being disrespectful to LEO’s and the LEO’s still kept their composure.

I’m not saying there aren’t bad eggs but you are going to find that everywhere.


You can watch hundreds of LEOs being discourteous, making up laws, bullying people, and breaking the law on youtube:



Exactly!! Take their badges and guns!!


Again, if you confined your issue with LE to holding individual LEOs responsible for their abusive behavior, you would have a lot of people helping.

If you confined your issue with the poverty and violence in predominantly black neighborhoods to “how can things be improved?” – you would have a lot of people helping.


Response on hold (youtube).

I support all good LEOs.

There are more than a few bad LEOs.


I went to the funeral of one of my wife’s students who was killed by a LEO. After an attempted cover up and corruption by the county police, that LEO eventually was found guilty of murder and sent to jail. The fact that you have had good interactions is great…that doesn’t always apply.


LOL…boy you’re reaching now. A lot of you individuals are reaching. Too funny!! Now highlight the other hundred of thousand of people that was at the capital riots as well. I’ll wait…..Bet I don’t see that post. Lol


That was not a riot at the Capitol. It was a mostly peaceful protest.

AZ Lefty

Sedition has consequences; perhaps they should have not tried to overthrow the Constitution!


Yea you right!!


They were DEFENDING the constitution


Ron you an idiot and anyone who like this post. The lie is dead. Freaking move on!! Defending the constitution?? Freaking laughable…lol. You must be in high school.


No charges of sedition in the article. Can you provide a link showing where you got your info?


Well we do know that Shiela Lee Jackson was conspiring to incite insurrection by introducing HR 127. After all such a law WOULD inspire revolt.


I don’t know man, we have retired LEOs here who say Americans should obey all laws – no matter what. They go on to say LEOs should enforce all laws when ordered to do so – no matter what. They can’t seem to grasp any historical parallels (even very recent examples). They also have no qualms whatsoever of enjoying exemptions from the very laws they indicate they will enforce. They also seem to think people in the community will thank them for their service and stand up in church and clap for the heroic first responders when they arrest the… Read more »