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Man arrested for LEGAL Open Carry!!

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  • Man arrested for LEGAL Open Carry!!

    Grand Haven Twp., MI

    A man was arrested for carrying a gun in the open in the moments leading up to the Coast Guard Festival's fireworks display Saturday night.

    The man was carrying a Glock 40 handgun in a holster at his side in downtown Grand Haven, said Lt. Mark Reiss of the Grand Haven Department of Public Safety. The man was disarmed by the officers, arrested on a misdemeanor, issued a 90-day appearance ticket and allowed to leave, Reiss said. His weapon was also confiscated by police.

    While Michigan law allows carrying concealed weapons with a permit, Grand Haven has a local ordinance prohibiting openly possessing and carrying dangerous weapons in public, Reiss said. People carrying weapons can be frightening and the department received several verbal complaints about the man, Reiss said.

    "It is very dangerous and very frightening to spectators down there," Reiss said. "It simply isn't a place to have a gun."
    OpenCarry.org needs your help!

    Grand Haven Twp. in Michigan has unenforceable laws prohibiting the Open Carry of a firearm. Michigans preemption law forbids any and all cities, villages, townships, etc, etc from enforcing laws more strict than that of the state. The victim of this unlawful arrest, ticketing, and seizure of property needs financial assistance to help pay his legal fees. If you are intersted in making a donation to help this cause, please go to the following link and contribute. Thank you in advance from everyone at OpenCarry.org!


    http://opencarry.mywowbb.com/forum30/14615.html
    The Red, Bold, Italic is my official sarcasm tag.



    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
    George Carlin

  • #2
    Umm, I don't live in MI, and I don't know MI's laws, but according to the article, MI has a (and I'm quoting the article)

    .....While Michigan law allows carrying concealed weapons with a permit,......

    Where does it say that it is legal to "open carry"?

    A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

    It's only a conspiracy when your party is not in power.

    Comment


    • #3
      Originally posted by LeanG View Post
      Umm, I don't live in MI, and I don't know MI's laws, but according to the article, MI has a (and I'm quoting the article)

      .....While Michigan law allows carrying concealed weapons with a permit,......

      Where does it say that it is legal to "open carry"?
      As you said, MI Law allows concealed carry with a permit. There is no permit needed to open carry in Michigan. See below.


      YOU CAN OPENLY CARRY A HANDGUN IN MICHIGAN*

      1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

      MSP(Michigan State Police) Legal Update Newsletters: April 2007 and June 2008: Did You Know: …It is not illegal under Michigan law to openly carry a pistol…...

      PLACES off limits to firearms without a CPL: Sec. 234d (1) Except as otherwise provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: a) A Bank. b) A church. c) A court. d) A theatre. e) A sports arena. f) A day care center. g) A hospital. h) An establishment licensed under the Michigan liquor control act (BAR). (2) This section does not apply to any of the following:

      a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

      b) A peace officer.

      c) A person licensed by this state or another state to carry a concealed weapon.

      d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

      2) If you don’t have a CPL, you must transport your handgun as prescribe by law.
      Last edited by Tucker6900; 08-06-2008, 05:05 PM.
      The Red, Bold, Italic is my official sarcasm tag.



      "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
      George Carlin

      Comment


      • #4
        Why has O.com turned into opencarry.org's second coming....... this issue has been beat to death and I am not going to donate to anyones defense if I dont know them. If he is innocent then hire a lawyer or have one appointed from the public defender.

        Comment


        • #5
          I'm a second amedment rights advocate all the way but I don't like the way opencarry.org is developming a reputation for setting up encounters with Police Officers just to try to get them to step on their yank. All of which is conveniently caught on video by another opencarry.org member who happens to be in the immediate area. This is being done of course to further your cause...at the cost of an officer / departments reputation. Then of course comes the civil suit. I'm a cop first, 2nd amendement advocate second. It's bs what you, they, are doing IMO.
          Walking the line...all give some...some give all!

          Comment


          • #6
            Originally posted by Fuzz View Post
            Why has O.com turned into opencarry.org's second coming....... this issue has been beat to death and I am not going to donate to anyones defense if I dont know them. If he is innocent then hire a lawyer or have one appointed from the public defender.
            Why should a person have to hire a lawyer to defend agaiinst something that is legal? Why not just arrest him for DUI, then say well.....if your innocent, hire a lawyer and prove it.

            The problem is way too many LEO's have no working knowledge of the gun laws of their state.
            Steve

            Comment


            • #7
              Good Lord. What was the man arrested for? What were the complaints regarding his behavior? Why did the Police stop him? What is the PC? Where was he at when he was arrested? Was he drinking? Did his arrest have anything to do with the open carry? Was the event he was at on private property or public? Was it posted to say no weapons?

              I despise that website...it's little more than mob mentality.
              sigpic

              I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

              Comment


              • #8
                Originally posted by Tucker6900 View Post
                1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

                Grand Haven has a local ordinance prohibiting openly possessing and carrying dangerous weapons in public
                Looks like Grand Haven has something that says its explicitly exempt.
                sigpic

                Comment


                • #9
                  Originally posted by Steve in PA View Post
                  Why should a person have to hire a lawyer to defend agaiinst something that is legal? Why not just arrest him for DUI, then say well.....if your innocent, hire a lawyer and prove it.

                  The problem is way too many LEO's have no working knowledge of the gun laws of their state.
                  He does not have to hire a lawyer. He can represent himself. His situation is no different from that of a someone who is wrongfully prosecuted for possession of pornography.

                  People who are deliberately provocative should not expect any sympathy. Regardless of whether it is legal, the conduct was deliberately offensive. If it is legal, then expect a campaign to rewrite Michigan state law.
                  Facts do not cease to exist because they are ignored. -- Aldous Huxley
                  Two things are infinite: the universe and human stupidity. -- Albert Einstein

                  Comment


                  • #10
                    Originally posted by Tucker6900 View Post
                    Grand Haven has a local ordinance prohibiting openly possessing and carrying dangerous weapons in public
                    If there is a city ordinance then how is it legal?
                    What is Perseverance?
                    -Perseverance is commitment, hard work, patience, endurance.
                    -Perseverance is being able to bear difficulties calmly and without complaint.
                    -PERSEVERANCE IS TRYING AGAIN AND AGAIN.


                    BOP - BPA - ICE

                    Comment


                    • #11
                      Originally posted by TheKansan View Post
                      If there is a city ordinance then how is it legal?
                      BINGO!
                      sigpic

                      Comment


                      • #12

                        I suppose the "proof" either way would be in any pre-emption law that Michigan may - or may not - have on the books. If there is a strict admonition of localities against infringing upon a state-guaranteed right, then the defendant may have a case. Otherwise, if Michigan state law allows for localities to pass their own ordinances, he may not have a leg to stand on.


                        Officers from Michigan may be able to find the real skinny on this issue.


                        The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                        The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                        ------------------------------------------------

                        "Ignorance on fire is hotter than knowledge on ice."

                        Comment


                        • #13
                          Bingo +1

                          Unless the state has a specific law, prempting local ordinances then they still have force.

                          Comment


                          • #14
                            Its like the guy who got busted for selling medical mary-jane... it was legal in California and his County attourney even allowed it but the feds said it was a no-no and busted him.

                            He should have been arrested as he did break the law... well I probably would have given him a warning
                            ...Did you call the Boys in Blue or the Man in Tan?

                            Comment


                            • #15
                              Originally posted by Smurfette_76 View Post
                              Good Lord. What was the man arrested for? What were the complaints regarding his behavior? Why did the Police stop him? What is the PC? Where was he at when he was arrested? Was he drinking? Did his arrest have anything to do with the open carry? Was the event he was at on private property or public? Was it posted to say no weapons?

                              I despise that website...it's little more than mob mentality.
                              1+
                              Gotta love web sites like this. There is always that small group of people who try to make it look like the police officer's fault for "Not under standing the law." I guess they just don't understand the officers are doing their job and they are enforcing what they are told to enforce.

                              Originally posted by Bronze View Post
                              Looks like Grand Haven has something that says its explicitly exempt.
                              1+

                              If they don't like it take it to court and see what happens.

                              Originally posted by Fuzz View Post
                              Why has O.com turned into opencarry.org's second coming....... this issue has been beat to death and I am not going to donate to anyones defense if I dont know them. If he is innocent then hire a lawyer or have one appointed from the public defender.

                              1+ Very true.
                              Some people were just dropped on their heads as children more than the rest of us!

                              Comment

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