michagan teen arrested for legal open carry - Page 2
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Old 04-25-2012, 03:04 PM   #11
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I would hope to think if a person decided to openly carry a loaded rifle into town then that person should be prepared for an alert LEO interview, and cooperate to get the issue resolved.
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Old 04-25-2012, 03:46 PM   #12
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This created quite a debate on the local MI forum(s). I know his attorney, and he's good.

MI law is pretty clear, and including the right on refusal to hand over his papers. Terry stop is clearly in play here. Was the officer reasonably certain of a crime? I'd suggest he was not. You'd have to know the area, this is a very nice downtown area near one if the wealthiest communities in the US, certainly the wealthiest in MI.

In the local forum, the debate has fallen on two sides, with no ground gained on either side. One side, PD and CC, the other side, attorney's and OC. It will be an interesting case to watch. I'm not convinced it wasn't pre planned set up. There have been cases supporting the young man's position.
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Old 04-25-2012, 04:08 PM   #13
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Here is some good info to chew on to help fuel the debate
Quote:
Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.

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Old 04-25-2012, 04:39 PM   #14
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Show the nice policeman your papers or he'll ruin your life.

So walking down the street with a legal weapon, you must have ID. But to vote in some places, asking for ID is a violation of rights? I'm confused.
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Old 04-25-2012, 04:56 PM   #15
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Ok well I'm just curious do u guys think the officers were asking for his ID to see if he was 18 years of age. They said he looks young for his age. Just a thought.

play the victim, be the victim
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Old 04-25-2012, 04:58 PM   #16
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One more hammer strike on the wedge separating people and sheeple, who is there becoming more of?
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Old 04-25-2012, 05:06 PM   #17
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I applaud that kid for what he did. Like people have been saying, use your rights or lose them. If you can do it legally then why not? It's your right to do so. Sure his incident with the police officer was unfortunate and may or may not have been avoided, but if he was well within his rights then why is it becoming a case needing lawyers and such? 2A rights should be preserved as much as possible IMO
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Old 04-25-2012, 05:08 PM   #18
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Quote:
Originally Posted by griffin81
Ok well I'm just curious do u guys think the officers were asking for his ID to see if he was 18 years of age. They said he looks young for his age. Just a thought.

play the victim, be the victim
Possibly, but that in itself is a slippery slope. Remember when you just had to look 18 to buy cigarettes, now I think you have to "look " 28 or some bs. Its all subjective. If we don't flex back at some point we're the ones gonna be subjected. I applaude the young man, but personally. Sorry to say I couldn't afford the legal fees, or the headache. My family depending on me, that's where they get most of us...
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Old 04-25-2012, 05:24 PM   #19
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Quote:
Originally Posted by griffin81 View Post
Ok well I'm just curious do u guys think the officers were asking for his ID to see if he was 18 years of age. They said he looks young for his age. Just a thought.

play the victim, be the victim
that particular area is not going to tolerate wild wild west of people walking around with firearms... I think the age is just an excuse to send a message. Me thinks it will backfire in court.

Bear, cigarettes are not listed in the bill of rights, firearm freedom is.
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Old 04-25-2012, 05:33 PM   #20
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Quote:
Originally Posted by partdeux

that particular area is not going to tolerate wild wild west of people walking around with firearms... I think the age is just an excuse to send a message. Me thinks it will backfire in court.

Bear, cigarettes are not listed in the bill of rights, firearm freedom is.
One, piss on the part of town. Affluent areas cannot pass their own laws.
Two, the cigarettes example was to show how they could get around probable cause by saying they were just checking age.
I do however see what your saying.
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