Brandishing, Breach of Peace, Resisting?
It'll be interesting to see how this plays out.
The "brandishing" ordinance in Birmingham, MI. No definition of the word, so I'd think it comes down to the standard, everyday definition.
Hm. No mention of lawfully walking down the street. Perhaps that's why the police got bent.
Originally Posted by City ordinance 74-211 Birmingham, MI
Pretty vague. One could be charged with "making trouble" merely because of the concept of carrying a rifle not being palatable to some, despite the only outwardly-apparent disturbance being that of others disliking the concept (and phoning in a MWAG call to police).
Originally Posted by City ordinance 74-156 Birmingham, MI
As for the "resisting officer" charge ...
Unknown exactly what was said or done by each party (guy, police), but it seems this ordinance could allow for questions posed regarding one's walking down the street being taken as interfering or hindering discharge of an officer's duty.
Originally Posted by City ordinance 74-27 Birmingham, MI
Unknown what exactly went down, on that street, including what was said and done by each party specifically. What the guy's facing is: upstanding officers, versus an 18yr old "kid" with a "military rifle strapped to his back" carrying through the middle of town.
I can remember not too many years back when the act of carrying a rifle, itself, wasn't considered criminal, misdemeanor or otherwise.
If the guy was only carrying it, he'll have to hope the judge in the case has the self-respect and integrity to ensure the common definition of the word is used:
Originally Posted by Merriam-Webster Dictionary
Clearly (at least to me, though perhaps not to an 'authority' opting to go after a person), the intent of the word is for describing overt acts above and beyond merely walking along (if that's indeed what occurred; unknown).
Originally Posted by Oxford English Dictionary