This story has been updated.
The outspoken gun rights activist Adam Kokesh could get out of jail today on a $5,000 bond, but a Fairfax County judge has ordered that he await trial under a condition that might come as difficult to him.
Kokesh, who was arrested last week at his Herndon home on drug and firearms charges following the release of a video showing him loading a gun on D.C.’s Freedom Plaza, was prohibited from possessing guns pending the completion of his case, WJLA reports. The 31-year-old former marine was also placed on pre-trial probation, and will next appear in court on Oct. 2 for a preliminary hearing.
Kokesh had spent most of the past week in Fairfax County lockup following his arrest last Tuesday night by Herndon police. At hearings last week, Kokesh refused to answer a judge’s questions or submit to fingerprint scanning and a photo, thus prolonging his detention.
His home was searched under a warrant issued by U.S. Park Police, which is investigating the YouTube video Kokesh posted July 4. In the clip, Kokesh is seen standing on Freedom Plaza in downtown D.C., loading five shells into a shotgun while reciting a manifesto he calls the “Final American Revolution.”
Officers searching Kokesh’s house found hallucinogenic mushrooms. He is charged with possession of a schedule I drug, which can bring a sentence of up to 10 years in prison and a fine of up to $2,500 in Virginia. Additionally, being found with a gun while in possession of controlled substances can bring another two years in jail.
The 23-second video was the byproduct of Kokesh’s scuttled plan to lead a group of likeminded activists carrying loaded rifles across the Arlington Memorial Bridge into the District, which has some of the United States’ toughest gun laws, including a prohibition on carrying firearms outside homes or places of business.
Kokesh did not respond to a request for comment about the conditions of his release. His supporters, at least one of whom stood outside Fairfax County General District Court with a gun strapped to his waist, tell The Washington Post that Kokesh might remain behind bars as a protest.