Tag Archive for 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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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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Violators Will Be Trespassed

New signs at the fair offer a warning of violation to violators, or ...something

trespassedOpen carry folks, if you want to be ‘trespassed,’ try going to the fair.

The Northwest Michigan Fair is on in Grand Traverse County, and new signs at the fairgrounds offer a warning (Or and invitation).  We realize that everyone’s a little different, so it MIGHT be something a few operatives in the MiGOP (GLEP, Freedom Fund) would actually enjoy.

Carry with ‘pride’ boys.

The fair runs through next Saturday.

H/T to Andy Marek for photo.

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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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Good Luck George, You’re Gonna Need It

Late last month, Johann Deffert’s attorney, Steve Dulan, filed an amended complaint with the United States District Court for the Western District of Michigan. As you will recall, Mr. Deffert filed suit against the City of Grand Rapids, as well as the thugs officers that detained him, following a patently illegal detainment this time last year.

The amended complaint removes Stephen Labreque and then police chief Kevin Belk as defendants. However, the amended complaint brings up an issue that’s pretty damning for Grand Rapids – the fact that Mayor George Heartwell and the rest of the City Commission took no action to repeal the firearms ordinance despite the fact they were notified on the 8th of January – months before Mr. Deffert was detained. From the complaint:

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Codifying the Legality of Open Carry in Michigan

Michigan Open Carry has been involved in getting HB 5091 and 5092 pushed through.

Basically, these two pieces of legislation further define what constitutes brandishing, a definition that more clearly shows that open carry is not brandishing.

We also pushed forward some substitutions to make things even better:
http://rrfaae.com/dump/MOC/H03891’13%20(H-1).pdf (for 5091)
http://rrfaae.com/dump/MOC/H03299’13%20Star%20(H-1).pdf (for 5092)

These substitutions sailed through committee. Vote to report will most likely be next week.

Appreciation goes to Rep. Joel Johnson and Rep. Brandon Dillon for moving these through.

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Open Carry March on 2 March (a Sunday) in Grand Rapids

Last year, Johann Deffert faced a felony stop, illegal detainment, and disarmament by the Grand Rapids PD merely because he was openly carrying a holstered pistol while walking down a sidewalk, an act which is legal in the state of Michigan. As a result, Deffert has filed suit against the City, the Police Chief at the time (Kevin Belk), and the three officers who responded.

As a result, I talked with Tom Lambert, Michigan Open Carry Assistant Legislative Director and Board Member, and we came up with a plan for a march around the 1 year anniversary of Deffert’s illegal detainment, including breakfast at the establishment that Deffert left prior to being picked up.

We’ll be linking up around 1000 for breakfast at New Beginnings Restaurant (1455 Michigan Street NE, Grand Rapids, MI 49503). At around 1130, we’ll be leaving Fuller Park (250 Fuller Ave NE, Grand Rapids 49503) after connecting with those who didn’t attend breakfast for the corner of Lakeside Dr. and Michigan St., the rough location of where Deffert was detained.

After hanging around for a bit, some of us will be heading towards city hall, while others may return to the park and leave.

While not really “news” per se, I thought that there are those on here who might be interested in participating.

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