Gun arrest made during festival Saturday

This is a discussion on Gun arrest made during festival Saturday within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; West Michigan News from the Grand Haven Tribune a Michigan Newspaper A man was arrested for carrying a gun in the open in the moments ...

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Thread: Gun arrest made during festival Saturday

  1. #1
    Member Array buzzgum's Avatar
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    Gun arrest made during festival Saturday

    West Michigan News from the Grand Haven Tribune a Michigan Newspaper
    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."
    Well well well. They stopped a BG from potentially robbing anyone because you know, BG always open carry in public. [/sarcasm]

    The state law overrides any city ordinance. Open carry is legal statewide in Michagan. This man was well within his rights to carry. I hope he gets a good lawyer who can re-educate Grand Haven on the laws and get some $$$ out of it.

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  3. #2
    VIP Member Array Cupcake's Avatar
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    I was going to post you a link to a thread at OCDO that was started by the guy at issue in the article, but it appears his original post was deleted for legal reasons. Here's the rest of it anyway:
    The police just took my pistol!! Help?!?!
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    VIP Member Array tns0038's Avatar
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    Here is where I'm going to agree to disagree.

    If a person is hunting, camping out in the woods, or fishing on a boat, I can see a reason for "open carry" of a firearm. However, walking on city streets, is a time the pistol should be concealed. Exception being an LEO or security personal in uniform.

    While I am all for 2-A rights, I do not want this country to return to the old west days of everyone walking around with a six shooter on there hip.

    But, I do believe this citizen should sue that city for wrongful arrest.

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    Member Array karlmc10's Avatar
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    Open Carry is legal in Michigan. Period. End of story. There are some places in Michigan where you cannot OC if you don't have a CPL, and you MUST OC if you do. While I do not OC on a regular basis, there are times when it is convenient for a moment to run into a store while on a road trip or whatever. The reason is not in the least relevent as it is LEGAL in Michigan. It is my right to OC 24/7 if I want and opinions as to where one should or shouldn't don't matter. Regardless of wether I agree with the man OCing at that time and place, I will support his right to do so fervently, it's the only way to protect MY right

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    Member Array Ranger's Avatar
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    "It is very dangerous and very frightening to spectators down there," Reiss said. "It simply isn't a place to have a gun."

    Then have the LEO's leave their's in the car while arresting this guy, as to not frighten the spectators.
    When in doubt, just ask yourself, "What would Theodore Roosevelt do?"

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    Senior Member Array Phillep Harding's Avatar
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    I prefer concealed carry because of the number of twits who mess with stuff on my belt at work. (Actually, I'd prefer to knock the snot out of people messing with my belt.)

    However, this "no open carry because it scares people" is idiotic. It's right out there with "no goofball died hair because it scares people".

    Sheesh. Laws made by neurotic, half senile old maids are a pain.

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    VIP Member Array dukalmighty's Avatar
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    I think this guy is gonna win big,not only will the arrest be thrown out of court I would be pushing for monetary and criminal damages they "stole" his gun and illegally put hands on him
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    VIP Member Array Cupcake's Avatar
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    Opinions about OC are irrelevent. The guy did not violate the law.
    Spend few minutes learning about my journey from Zero to Athlete in this mini documentary!
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    I wonder what kind of new car he'll buy. Perhaps a couple of Ed Browns, too?
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  11. #10
    VIP Member Array Cupcake's Avatar
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    From time to time, judges get creative with their decisions. It'd be great is everyone involved on the Cities' side was forced to wear sandwich signs reading "I make stuff up and try to enforce it."

    Or maybe write "I will not make stuff up and try to enforce it" 5000 times.
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  12. #11
    Member Array kohburn's Avatar
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    Quote Originally Posted by tns0038 View Post
    Here is where I'm going to agree to disagree.

    If a person is hunting, camping out in the woods, or fishing on a boat, I can see a reason for "open carry" of a firearm. However, walking on city streets, is a time the pistol should be concealed. Exception being an LEO or security personal in uniform.

    While I am all for 2-A rights, I do not want this country to return to the old west days of everyone walking around with a six shooter on there hip.

    But, I do believe this citizen should sue that city for wrongful arrest.
    Should read up on some of the more recent study of the old west. the reality of the "wild west" is far from what hollywood has portrayed.

    check out page 14 of this for a sample http://www.mises.org/journals/jls/3_1/3_1_2.pdf

    or read Frontier Violence: Another Look - William E. Hollon

    It shows that the there was actually very little gun crime and most of the gun related deaths were drunken youthful "gentlemans" duals over matters of pride. I found it a really interesting read.

    "An armed society is a polite society" - Robert A. Heinlein

  13. #12
    Member Array Double Naught Spy's Avatar
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    Quote Originally Posted by Cupcake View Post
    Opinions about OC are irrelevent. The guy did not violate the law.
    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
    Since there were conflicting statements, I tried to find the relevant legal notations. I am not from MI, so if I am in error, hopefully somebody will correct the information...

    No local ordinance concerning firearm possession is enforceable due to Michigan’s preemption law.

    In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: 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.

    THE MICHIGAN APPEALS COURT CONCLUDED: April 29, 2003 9:10 am. v No. 242237 In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.

    Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse.

    MCRGO v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession
    So Grand Haven's ordnances are invalid, yes?
    Considering yourself to be defenseless is the first administrative step to becoming a victim.

  14. #13
    VIP Member Array Cupcake's Avatar
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    Quote Originally Posted by Double Naught Spy View Post
    So Grand Haven's ordnances are invalid, yes?
    Correct.
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  15. #14
    VIP Member Array dukalmighty's Avatar
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    These are the types of Police Officers that need to be fired from their jobs,They do not care what the law says they are going to enforce their feelings,and if they can't find a law to stand behind they will falsify a report to charge you with a crime you didn't even commit,and the problem is everybody thinks LEO's would never lie or fabricate a story to get a conviction or cover their posteriors when time after time crooked cops have been caught.Even when having the law enforcing the right to open carry in Michigan they chose to ignore it and continue to violate this citisens rights
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  16. #15
    Senior Member Array rdoggsilva's Avatar
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    I hope this guy takes them to the cleaners.
    John Steinbeck: Don't pick a fight with an old man. If he's too old to fight, he'll just kill you.

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