An ex-cop arrested in January and fired from his police job for participating in the Capitol riot had his bail revoked and was ordered to jail after buying 37 guns, being caught with bomb-making materials, and advocating violent revolution in online posts, CNN reported on Wednesday, July 28, 2021 (read story here).
The case of Thomas Robertson (photo, left) “highlights why prosecutors, federal judges and national security officials have warned of continued political violence from disillusioned supporters of former President Donald Trump,” CNN said.
If they don’t convict him of a felony for rioting, they will on weapons charges. His days as a cop are done. And as a convicted felon, he won’t be able to have firearms, either. Maybe he should stick with peaceful protest from now on.
The government has to convict first on the charges stemming from the riot. The weapons charges would likely be dropped if he pleads or should be found not guilt. There are speech issues qnd whether the government can hold him because of that speech is questionable.
I am sure his attorneys will sue the department he was working for after the charges are dealt with. Cop and union and firing equals law suit and payout to cop if process was not followed.
Read this:
“Here is something a lot of people, including lawyers, don’t know. Federal law limits the gun rights of people who are not convicted, but simply indicted for a felony. 18 U.S.C. § 922(n) provides:
‘It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.’
“While this is not a ban on possessing guns, it does mean that you can’t buy or receive a gun while you’re under indictment.”
The judge made specific reference to this statute in revoking Robertson’s bail, and her ruling is quoted in the linked CNN story.
Even if Robertson is acquitted of the riot charges, which is wishful thinking on your part, he can still be convicted of violating this statute. It’s a separate crime whose elements are independent of his guilt or innocence under the initial indictment.