Witness: Troy Teen Arrested for Carrying Rifle 'Was in His Legal Right'

HardHatMan · Apr 17, 2012

http://troy.patch.com/articles/witness-troy-teen-arrested-for-carrying-rifle-was-in-his-legal-right

Within his rights and still arrested. :sad20:

Michigan, not Alabama.

PJDiesel · Apr 17, 2012

Huh, weird, I was just discussing my experiences in Troy with a guy from Dearborne yesterday.

Michigian is tricky, a lot like Maryland in some ways (used to be anyway).

Sharpster · Apr 17, 2012

Unfortunate. Of course they tack on all of those bogus charges.

john_bud · Apr 17, 2012

Achtung! Your papers bitte!

And you thought the police state was just back story for Hogan's Hero's...

JCB003 · Apr 17, 2012

Looks like the officers didn't read the Legal Update bulletin from Michigan State Police.

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

Dogabutila · Apr 18, 2012

Comments make me want to smash my desk to bits with my forehead.

Crab Bait · Apr 18, 2012

Puff Daddy was arrested?

Blaster229 · Apr 18, 2012

Nice to know there is an option to do so if a resident up there needs to.

rob · Apr 18, 2012

Gee, he should move to MD.

We all know that it's okay to open carry a long gun here since Gansler said so. I'm sure he could wander around B'more with no problems, right? :lol2:

Rob

HardHatMan · Apr 18, 2012

I'm just wondering if he, legally, had to provide identification when there is no RS that he was doing anything illegal?

Blaster229 · Apr 18, 2012

HardHatMan said:
I'm just wondering if he, legally, had to provide identification when there is no RS that he was doing anything illegal?

Because of his young looks and possibly not being 18, of that legal carry age, the cops could have good reason to ask for id.

mayor_quimby · Apr 18, 2012

charges of disturbing the peace, brandishing a weapon and obstructing an investigation

throw enough crap on a wall and hope that something sticks.....

GTOGUNNER · Apr 18, 2012

Blaster229 said:
Because of his young looks and possibly not being 18, of that legal carry age, the cops could have good reason to ask for id.

Looks like some others don't either...
From the above PDF

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.

Mooseman · Apr 18, 2012

Unfortunate, but not surprising.

Blaster229 · Apr 18, 2012

gtofred said:
Looks like some others don't either...
From the above PDF

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.

Reading comprehension.

If the LAW states that a person LEGALLY carrying their weapon, HAS to be over a certain age (18) and I come in contact with said person and he looks like he is 14, I am asking for id. What is so hard to comprehend about that? NOBODY is questioning 4th amendment rights.
This is upholding the state law that says a person over XX age may legally carry such n such firearms out in public, etc....

I thought I read in the story that Michigan says the person has to be 18 or over in order to do this. Correct me if I am wrong.

Unless you are saying the the 2nd & 4th allows even a 10 year old to sling a rifle around in public?

HT4 · Apr 18, 2012

Blaster229 said:
Reading comprehension.

If the LAW states that a person LEGALLY carrying their weapon, HAS to be over a certain age (18) and I come in contact with said person and he looks like he is 14, I am asking for id. What is so hard to comprehend about that? NOBODY is questioning 4th amendment rights.
This is upholding the state law that says a person over XX age may legally carry such n such firearms out in public, etc....

I thought I read in the story that Michigan says the person has to be 18 or over in order to do this. Correct me if I am wrong.

Unless you are saying the the 2nd & 4th allows even a 10 year old to sling a rifle around in public?

I think most people get that... so if Mr. M1 Open Carry who looks 12 refuses to produce an ID when stoped under reasonable suspicion, one could argue that there is now probable cause to arrest for a violation of the carry statute, though one could contest that. They arrest him, figure out that he is 18 then let him go. The problem is with the charges of disturbing the peace, brandishing a weapon and obstructing an investigation. These charges are, without more facts, nothing but a variation of "contempt of cop." They are an outrage and should be thrown out of court.

Schwall · Apr 18, 2012

Unfortunately, this kid just got an expensive lesson in "just because you can, doesn't mean you should".

gmhowell · Apr 18, 2012

What are the legal and practical distinctions between open carry and brandishing?

iSHOOT · Apr 18, 2012

gmhowell said:
What are the legal and practical distinctions between open carry and brandishing?

I'm not sure how that works with a long gun, but as long as the weapon was on his shoulder by the sling I'd say they're reaching with that charge. They're reaching with all the charges, of course, but definitely that one.

I can't wait to see how this plays out, but this is one of those moments where its hard to know what to do. Do you hold an open carry rally and all bring long guns to make a point? Or is that kicking the hornets nest too much and giving the anti's ammunition for the "this isn't dodge city" debate...

axshon · Apr 18, 2012

I grew up in Northern Michigan. Back then (only the 70s and 80's!) the question was never 'do you have a gun' but 'what kind of guns do you have' and 'which is your favorite'. School was out for the first day of deer season and teachers were pissed if you took a day off and got a deer or bear and didn't bring it by the school to show them.

Different world now I guess. Dude better get his M1 back...

Witness: Troy Teen Arrested for Carrying Rifle 'Was in His Legal Right'

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