Tag Archive for Michigan Open Carry

Michigan Gun Owners Beware!

Big Brother Is Watching

There has been an interesting development in the case of two individuals who were arrested for open carry in the anteroom of the Dearborn, Michigan Police Department Headquarters. Two men from central Michigan were arrested for entering the anteroom of the Dearborn Police Department Headquarters building while carrying, and filming themselves while doing so. They were reportedly using open carry to protest what they believed was a bogus traffic stop which they were subjected to earlier in Dearborn.

James Baker and Brandon Vreeland have been abandoned by Michigan’s open carry movement, probably due to the allegation that they were using open carry to protest something entirely unrelated to Second Amendment rights, but it does not appear that their actions actually violated any Michigan law. At least one of the two was wearing ‘body armor’, which added to the provocative nature of their actions. Carry in police stations is actually not prohibited by Michigan law, and it is a violation of Michigan law to prohibit firearms in a police station outside of secured areas.

Fun side note: When I was a kid in the 1960’s, I used to shoot small bore rifle matches in the basement shooting range of this very building, which was even then the DPD police station. How times have changed!

Now we have a remarkable discovery from Nicholas Somberg (P80416), the defense attorney for Brandon Vreeland of Jackson: The Dearborn Police secretly monitored the two ‘Second Amendment activists’ and essentially ambushed both men as they were filming themselves walking into the Dearborn Police headquarters.

Here is the interesting development, as reported by the Detroit Free Press:

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SB-442 and SB-561: What you MUST Know

You MUST keep up on this if you care about your 2nd amendment rights in Michigan.

From Michigan Open Carry: SB 442 S-2 / SB 561 S-1 Analysis of Amendments – More Good and More Bad, Still a Mess

” For those not aware, SB 561 was introduced by Senate Majority Leader Arlan Meekhof the morning before the hearing as a companion bill to SB 442 introduced by Senator Mike Green. Both bills came up in committee and were amended with changes not fully made available to the public until the next day. The bills are now tie-bared together, meaning neither can become law without the other, effectively making them a “package”.

SB 442 S-2 is now a much better bill, while SB 561 S-1 is almost completely gun control. However, they must be taken together as they are tie-bared. Essentially the package is a two bill package that works in a yin yang’ish manner. You can read our original analysis here if you would like to compare.

Read it. 

Then keep your legislators on speed dial.

 

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Michigan Open Carry Files Suit Against Clio Area Schools

So a bit later than anticipated, but…

As set forth in the precedent setting opinion of Capital Area District Library v. Michigan Open Carry, Inc, school Districts are barred from making rules forbidding the lawful carry of a pistol. Yet, many districts throughout the state continue to do so with illegal policies and bullying. Michigan Open Carry, Inc (MOC) has partnered with Kenneth Herman to file suit against Clio Area Schools (CAS). Mr. Herman is a dues paying member of MOC.

Starting in 2013, Mr. Herman has, and continues to be, aggrieved by CAS. His constitutionally guaranteed right to self defense has been chilled as a result of threats of arrest and criminal prosecution should he not comply with CAS’s unlawful policy related to firearms. As a result of these unlawful actions on the part of CAS, he has been unable to defend himself while attending to business or other functions at his daughter’s school.

It is our hope that this case may ultimately be appealed to the Michigan Court of Appeals so the matter may set precedent that will guide the policies and actions of other school districts and law enforcement throughout the state.

This lawsuit comes on the heels of Michigan Open Carry, Inc working successfully with several other, more cooperative school districts to modify their firearm policies to bring them into compliance with State Law.

According to Mr. Herman, his daughter’s teachers have taken it upon themselves to mention his self defense choices in class to all the other students, possibly to incite ridicule amongst her peers.

Originally posted here.

Complaint can be read here.

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Brandishing Bills Vetoed

Article originally posted at www.miopencarry.org

Michigan Open Carry, Inc’s attempt to define what it means to “brandish” in Michigan has resulted in a veto from Governor Snyder, though the situation is complicated and not as bad as it sounds. Read on for the full story.

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Huron Valley School leaders think feelings trump State law on guns

Government officials breaking the law without care or regard

Article originally posted on Michigan Open Carry, Inc.

The Free Press today had an article about Huron Valley schools and open carry.  In the article, Huron Valley Superintendent Baker is quoted as saying:

“I am grateful he went to the building administrator and told that principal what he planned on doing in advance,” Baker said. “I’ve had multiple conversations with (the parent), he’s talked with the building administrators, and he’s been very forthright, in some regards very progressive, and I appreciate that. He didn’t just show up unannounced. But that doesn’t change the way I feel about the law.

I for one am tired of Government types making up rules that they expect us to live by, but when the rules become an inconvenience for them or their jobs, then they feel the rules can be ignored.  For people who have been paying attention for these past 200 years, this shouldn’t be something that is a surprise.

The US Constitution is supposed to be the highest law of the land.  It was designed not to restrict what people can do, but rather restrict what the people that call themselves the Government can do.  Indeed, the Constitution creates only two prohibition against individuals:

  • Don’t commit Treason
  • Slavery

The word “Constitution” has the word “constitute” as a base word.  The document was intended to be an outline of what constitutes the US Federal Government and its powers.  But as we all know, our governments (Federal, State, Local) haven’t been good at heeding their own laws — even the Constitution.

Circa 1870 Lysander Spooner wrote this of the US Constitution in his essay No Treason: The Constitution of No Authority:

But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.

It should be of no surprise the people in the Government are breaking and ignoring the rules (rules that people in the Government made).  They’ve been doing it a very long time.  Like the US Constitution, Michigan’s Firearm Preemption Law has no “teeth”, no consequences for those who break it.  That is why it is so important that HB 5500 becomes law.

Sadly, it seems House Judiciary Chair, Kevin Cotter (R) has no intentions to let the bil out of committee before the end of the legislative session this December.  Given the law stalled at its first step on a long path, it’s doubtful it’ll become law this session and with this Governor.

There is an answer to the tyranny of schools like Huron Valley though.  If the State legislature won’t address the problem, Michigan Open Carry, Inc. will seek redress in court.  We are seeking to prosecute a K12 school very shortly for their violation of State firearm preemption law.  Won’t you consider helping us today with your most generous donation?

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Michigan Open Carry to initiate lawsuit against K-12 school district

Michigan Open Carry is going on the offense!

In a closed session, the Board of Directors for Michigan Open Carry has voted to partner with a plaintiff who was threatened with trespass for open carry of a holstered pistol at a public school. Details are going to be sparse for now given that the suit will be filed in two months (a strategic decision by the BoD).

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Ready to play ball now, Heartwell?

Readers of Right Michigan are probably keenly aware of George Heartwell’s flagrant disregard for state law and the 2nd Amendment.

The city of Grand Rapids (and now the City of Jackson as well) is getting taken to task in the Western District (the Jackson case is being handled in the Eastern District) for promoting policies, customs, and ordinances that are illegal under state statute (MCL 123.1101 – 123.1105).

The unfortunate thing about this is that unlike TCAPS, the taxpayers are probably going to be on the hook.

Well, that may change.

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And the Grand Rapids Stand Up Comedy Act Continues…

So, since I wasn’t seeing anything on the Western District’s feed, I figure I’d hop on PACER to see if for some reason updates to the Deffert case didn’t get posted.

Well, things did get posted, like the answer to the amended complaint. Maybe I should have titled this piece after famous words uttered by Samuel L. Jackson in Pulp Fiction (Note, course language).

To put it nicely, “Grand Rapids just reached a whole new level of absurd”.

Basically, in their response, they argue that Deffert wasn’t participating in an activity that was covered by the 1st or 2nd Amendments, preemption doesn’t apply, and that their officers are thoroughly trained in the legalities of open carry in Michigan.

Oh yeah, they also think that you have to show your papers as well.

27. In Michigan, there is no duty for an individual to identify him or herself to law
enforcement unless being stopped for a motor vehicle code violation.

ANSWER: Paragraph 27 states a conclusion of law to which no response is
required. To the extent that a response is required, defendants deny
this allegation as an inaccurate and incomplete statement of the law.

Get ready to pay up, Heartwell.

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Wednesdays Divertere: How Law Should Work

There are the exceptions out there, and Officer Dale, from Austin PD, is to be commended.

“It’s one of those things to me, it’s. If you’ve got TV or, radio, probably not radio, maybe. TV and the internet. You already know this has been going around. So, it should make you update yourself going, ‘well, what is the Law?'”

The fact is that Officer Dale knows his odds increase with him making it home safe after his shift is over when there are Law abiding citizens exercising their Right to keep and bear arms.

Grand Rapids, and specifically Mayor George Heartwell, GFY.

H/t Eagle Rising

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