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.