Jenkins' attorneys argue that there's precedent for an indicted sheriff keeping guns

Aug. 9—Attorneys for Frederick County Sheriff Chuck Jenkins on Wednesday filed a rebuttal in Jenkins' appeal to get his duty-issued firearms back, citing a current case in which a federal judge in Virginia let a sheriff keep firearms while his case is pending.

That sheriff — Sheriff Scott Jenkins of Culpeper County in Virginia — is also still remaining on the job while his case is ongoing, the rebuttal said.

Chuck Jenkins and Scott Jenkins are not related, according to the rebuttal.

In April, Chuck Jenkins and his codefendant, Robert Krop, were federally indicted on five counts of conspiracy and making false statements to illegally acquire machine guns.

Krop, who co-owns the shooting range The Machine Gun Nest, was additionally charged with one count of illegal possession of machine guns.

Both men pleaded not guilty.

Last month, U.S. Magistrate Judge Beth P. Gesner denied a motion in which Chuck Jenkins asked the court to return his two duty-issued firearms, so he could protect himself and Frederick County residents.

Jenkins had surrendered his duty-issued and personal firearms in April as a condition of his release.

Gesner denied Jenkins' motion to have the guns returned, but Jenkins appeal, sending the matter to U.S. District Judge Stephanie A. Gallagher.

Gallagher has yet to rule on this appeal.

On Tuesday, federal prosecutors argued against the appeal, saying Jenkins should not receive better or worse treatment as sheriff than anyone else.

A defendant turning over their firearms while a case is pending is common practice, they argued, and cited multiple cases in which law enforcement officers had to do that.

Virginia case

The rebuttal on Wednesday from Jenkins' attorneys provided an example of a current case in which the sheriff in Culpeper County in Virginia was able to keep his firearms while his case is ongoing.

Culpeper County Sheriff Scott Jenkins was indicted in June, accused of accepting bribes of over $70,000 to deputize several men, which allowed those men to possess firearms in all 50 states without a permit, the rebuttal said.

When U.S. Magistrate Judge Joel Hoppe released Scott Jenkins, he did not limit Jenkins' right to possess a firearm, the rebuttal said.

The only caveat is that Scott Jenkins "shall ensure that all firearms in his residence are secured in locked storage during any home visit by pretrial officer," court documents said.

Court records do not indicate if that condition has been upheld. A spokesperson with the U.S. Western District of Virginia did not immediately respond for a request for more information on the case on Wednesday.

Conversely, Chuck Jenkins had removed all his firearms from his home before his arraignment, the rebuttal said. All of those firearms are with a family member, and are "beyond Sheriff Charles Jenkins' ability to possess them," it said.

Chuck Jenkins' attorneys also clarified his work status as sheriff, after they said prosecutors questioned if Jenkins fully resumed his sheriff duties.

In their filing on Tuesday, prosecutors noted a difference between sheriff's office deputies suspended for pending charges and Jenkins, who has been continuing with many of his sheriff duties while charges are pending.

Jenkins' attorneys said it was offensive that prosecutors implied that the defense counsel wasn't being truthful.

"As an officer of the court, counsel can unequivocally confirm that after several days of sitting on the side lines, Sheriff Jenkins resumed his constitutional obligation to the citizens that he serves," the rebuttal said.

Letters of interest

The April indictment alleges that between 2015 and 2022, Krop drafted letters for Jenkins to sign on Frederick County Sheriff's Office letterhead, which stated the sheriff's office was interested in seeing demonstrations of various machine guns.

The letters were sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives, along with an application that licensed dealers can submit to legally get machine guns.

This application process is an exception to federal prohibition of the possession, transfer or importation of machine guns imported or manufactured after May 1986.

Despite the letters expressing an interest in machine gun demonstrations, The Machine Gun Nest never performed those demonstrations for the sheriff's office, prosecutors allege.

After Krop got the machine guns, he rented them out to customers to use at the shooting range, the indictment said.

Prosecutors also allege that Jenkins told investigators in an interview that he signed the letters to help Krop's business and that he never had an interest in seeing the machine gun demonstrations.

Jenkins also said he regretted signing the letter for one machine gun since it was not suitable for law enforcement, according to a Department of Justice filing.

Follow Clara Niel on Twitter: @clarasniel