So I’ve been busy the last few days fending off the latest attack from the worst lawyer on the planet, Daniel A. Bernath. He filed a restraining order against me that would keep me 300 feet from him at any given time. I’ve pretty much satisfied that particular requirement by living 2600 miles from him. When Bernath sent the restraining order to the Mineral County Sheriff’s Department, he was lucky that he got a young deputy to serve it. He told the young deputy that I was an extensively-trained and crazy veteran. The deputy wasn’t a veteran, so he completely fell for it and then he convinced two State Troopers of the story.
I knew something was up when they called and asked me to come to the troopers’ barracks. When I showed up, they immediately patted me down for weapons, and one of the troopers asked me if I was a veteran. So I knew something was up immediately. They showed me the restraining order and I signed for it. Then they told me that they would have to take my guns. I politely argued with them they couldn’t because I hadn’t had the benefit of my Constitutional protections of the 4th Amendment in regards to my due process.
The officers told me that Judge Fun’s signature on the order fulfilled that protection. I explained that it didn’t really, but then they responded that they’re not lawyers, they could only go by what they had been told by corrupt Bernath. So I let them follow me to my house and they made me sit my car (which they had searched without my permission) while they went in my house (without a warrant) and gathered up my guns and ammunition and took them away.
So I did a little research on my own after they finally let me in my own house and found that they were wrong. I called the county prosecutor’s office and talked to the assistant prosecutor who was unwilling to straighten the thing out in my favor. So, I started an information war of my own and sent the whole story to my delegate in the West Virginia legislature. He called the sheriff, who seemed unaware of the whole story.
Needless to say, the guns are all locked up in my gun safe now, after some fairly sheepish police officers were directed by the sheriff to return them to me.
In the process of all of that, we discovered that Daniel A. Bernath’s restraining order would have no force in West Virginia since the State has no statute in that regard other than for domestic partners. So unless Bernath wants to move into my spare bedroom, his restraining order is of no use to anyone. You know, legal genius that he is.
I guess my point is that I could have lied to the police and been a complete asshole, which is usually my nature, but I cooperated with them, even though I knew they were wrong and a few days later, I was made whole with no court dates in my future for being a jerk. Yes, they were heavy handed and what they did was probably actionable in a court of law, but it was only a minor temporary inconvenience to me and now Bernath looks like an incompetent dick in three states.
It’s pretty difficult to make me look like a criminal on paper anyway. I don’t even have a parking ticket. I have a CCW which means that I’ve passed West Virginia State Police background checks. A few months ago before I retired from my civilian job, I held a Top Secret security clearance, which means I passed a federal government background check including interviews with friends, family and neighbors. So it’s tough case to make.
The sheriff even took time out of his busy day to bring the weapons back himself, so even though I could make a Federal case out of the whole thing, they admitted that they were wrong, and I think the point has been made that it shouldn’t happen again. I appreciate that folks who make mistakes own up to it. You know, people unlike Bernath.
