UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried

UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried

This is a discussion on UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Read It here. Teen to be tried after carrying a rifle in downtown Birmingham | Detroit Free Press | freep.com...

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Thread: UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried

  1. #1
    VIP Member Array Harryball's Avatar
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    UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried

    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......


  2. #2
    VIP Member Array mprp's Avatar
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    Brandishing? Do they know what the word means? Or was he simply carrying it? Goodbye Sweet America!
    Vietnam Vets, WELCOME HOME

    Crossman 760 BB/Pellet, Daisy Red Ryder, Crossman Wrist Rocket, 14 Steak Knives, 3 Fillet Knives, Rolling Pin-14", Various Hunting Knives, 2 Baseball Bats, 3 Big Dogs and a big American Flag flying in the yard. I have no firearms; Try the next house.

  3. #3
    Senior Member Array Inspector71's Avatar
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    Regardless of how this turns out, it's gonna cost the kid's mother some huge bucks. Hope the new member from Charlotte wanting to carry an AK-47 to the grocery store reads this thread and does some serious thinking.
    The Old Anglo, Hopyard and Guest1 like this.
    If you can read this, thank a teacher. Because it's in English, thank a vet

  4. #4
    VIP Member Array Harryball's Avatar
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    Will see what happens with this. Im not sure the city is in the right.

    Saw this reference in the comments..

    Section 123.1102
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    FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990

    123.1102 Regulation of pistols or other firearms.
    Sec. 2.

    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

    History: 1990, Act 319, Eff. Mar. 28, 1991
    carracer likes this.
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

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    State will lose, mom will spend her life savings to win the case and may die indigent. (All my supposition). We really need laws in this country that allow a defendant to recoup his/her legal fees and other costs if/when they are acquitted or charges are dropped. Possibly punitive fees should be added as well. The state has essentially unlimited resources to prosecute and you have to pony up the funds to defend. If the state wants to make your life miserable and they loose the case or drop it, there is no downside to the government actors.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  6. #6
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by ksholder View Post
    State will loose, mom will spend her life savings to win the case and may die indigent. (All my supposition). We really need laws in this country that allow a defendant to recoup his/her legal fees and other costs if/when they are acquited or charges are dropped. Possibly punitative fees should be added as well. The state has essentially unlimited resources to prosecute and you have to pony up the funds to defend. If the state wants to make your life miserable and they loose the case or drop it, there is no downside to the government actors.
    Its not the state that is going after him. Its the city of Birmingham.
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

  7. #7
    VIP Member
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    Quote Originally Posted by Harryball View Post
    Its not the state that is going after him. Its the city of Birmingham.
    Good point, but I was using "state" as a proxy for government - local, state or federal.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  8. #8
    Senior Member Array Chad Rogers's Avatar
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    Poke the bear at your own peril. The kid wanted to be in the news. Well he succeeded.
    "People who take an Internet handle of a great warrior, are usually the first to go fetal when crunch time comes." - Me

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    Ask and ye shall receive.............I googled and did not see any gun rights groups coming to this kids aid. He might be on his own with this.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    Member Array jrclen's Avatar
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    "This is not a gun rights case," 48th District Judge Marc Barron said

    Actually it is a gun rights case. Shall not be infringed means shall not be infringed.

    Chad Rogers, you are part of the problem of what is happening in our country.
    We have rights, but if we exercise them, we are "poking the bear."
    The rest of my comments to you would be not polite so I will keep them to myself.
    Shall not be infringed means - shall not be infringed.
    Member - NRA
    John

  11. #11
    VIP Member Array Crowman's Avatar
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    Quote Originally Posted by jrclen View Post
    "This is not a gun rights case," 48th District Judge Marc Barron said

    Actually it is a gun rights case. Shall not be infringed means shall not be infringed.

    Chad Rogers, you are part of the problem of what is happening in our country.
    We have rights, but if we exercise them, we are "poking the bear."
    The rest of my comments to you would be not polite so I will keep them to myself.
    Confused...... Are you saying that even though we have rights there are certain ones we should not exercise because it "pokes the bear". If so then we really do not have that right do we. While it can be a personal thing to stand up for ones rights some people choose not to and that is fine. Lately one of the buzz saying is "Freedom Isn't Free"..... Well as it turns out in America a new buzz saying is "Rights Are Not Free Anymore".

    Sadly over the years Americans have been programmed not to demand their constitutional rights in fear of "poking the bear" and its ramifications to it. While our rights have not been stripped away(so far) many of them have been watered down with more and more restrictions placed on them to render them almost taken away. And I am not just speaking the 2nd amendment.

    As advocates of the 2nd amendment we need to stand behind those that choose to exercise their rights and yes even those that "poke the bear" rather than belittle them or call them stupid. If they have the right to do it then it is not "poking the bear". It has become that by people with the "don't upset the apple cart" attitude. Why not upset the apple cart? If you don't the apples will rot anyway.

    If we keep them busy doing it right --
    It will be harder for them to do us wrong.

    And the judge is dead wrong on his ruling. He should have not allowed it to go forward.
    DontTreadOnI likes this.
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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    Senior Member Array ntkb's Avatar
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    This isn’t the first time this has been tried by a municipality in this state and they lose every time, followed by a lawsuit usually handled out of court.

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    Ah yes and it starts again.

    The kid looked 12. He was openly carrying a rifle. In the state you have to be 18 to do so, officers see him and ask him to show how old he is. He then refuses and wonders why he is arrested. He is taken to jail and they obtain the same information he could have given them.

    He was not carrying for SD he was carrying to get attention and he got it. There is a certain amount of responsibility and common sense that comes along with exercising your rights, especially when it comes to carrying a firearm but we will just have to see how it all comes out.
    The Old Anglo and Hopyard like this.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    Senior Member Array Caertaker's Avatar
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    It seems to me that there are consequenses to any action. I know I have benefited from other's willingness to "poke the bear" so I am thankful that some mature, calculating adults are willing to do so. This seem like an error in judgement caused by youth and inexperience. I can't say I'm impressed by young person's willingness to spend his family's savings to prove a point, no matter how correct. He made a decison and acted and someone else foots the bill. It's hard for me to applaud his actions regardless of the verdict.

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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by Caertaker View Post
    It seems to me that there are consequenses to any action. I know I have benefited from other's willingness to "poke the bear" so I am thankful that some mature, calculating adults are willing to do so. This seem like an error in judgement caused by youth and inexperience. I can't say I'm impressed by young person's willingness to spend his family's savings to prove a point, no matter how correct. He made a decison and acted and someone else foots the bill. It's hard for me to applaud his actions regardless of the verdict.
    We have an ongoing case up here in PA, where an 18 year old thought he knew it all, and was OCing to city meetings (which he was allowed to do), despite the outcry of city officials against him. This would have been well and good, except for the fact that he didn't know the law as well as he thought, and started to get into a vehicle with his sidearm on, which meant he was CCing (in PA) without a permit. He was arrested, and will likely lose his ability to carry a firearm.

    I appreciate what this kid is doing, but he may have a difficult time in court, which may lead to him losing his ability to carry a firearm as well.
    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine

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