Man Arrested in MI for Openly Carrying Firearm

[Richard G]

Has anyone heard of this? Any more details?

THE SOURCE NEWSPAPER - October 10, 2004 - Gun-toting volunteer arrested
Republican Party workers call police after gun spotted.
Shelby Township police arrested a 41-year-old Bruce Township man after he was reported to be carrying a gun.
Thomas Erwin Bell was charged with carrying a concealed weapon at his arraignment before Magistrate Michael Osaer in the 41-A District Court on Oct. l.
The charge is a four-year felony.
He is lodged at the Macomb County Jail in lieu of $1 million bond.
Bell was arrested by Shelby Township police on Sept. 30 at the Republican Party campaign office near 22 Mile Road and Van Dvke.
"He had appeared at the Republican site to do some volunteer work and the other volunteers noticed that he was carrying a gun and they asked him not to," said Detective Sgt. Stan Muszynski of the Shelby Township Police Criminal Investigations Bureau. "He carried it openly and a few of the women were concerned. They weren't sure who he was as he never provided identification."
Workers called police to share their concerns and police said to call back if Bell should visit the office again, Muszynski said.
"The next time he showed up, they called us and he was indeed carrying a gun without a permit so we arrested him on a concealed weapons charge," Muszynski said.
Some concern had been expressed because Bell had requested tickets to a Republican rally in Sterling Heights where former New York City Mayor and active Republican Rudolph Giuliani was speaking.
"There was no apparent threat, but it was something that needed to be taken seriously," Muszynski said. "It was a cause for concern."
Bell's preliminary exam is set for the afternoon of Oct. 14. -Ton Ottman

 

[Third_Rail]

There was no apparent threat......it was a cause for concern.

Uh... which is it, Mr. Muszynski?

 

[nico]

is open carry legal in MI? It sounds weird that all parties seem to agree that he was carrying openly but he's being charged with carrying a concealed weapon. It also annoys me that this guy got $1mil bond and didn't hurt anybody, yet a guy near me who kept his daughter locked in his basement for 8 YEARS was let out on bail for $5 grand. There's seriously screwy with the legal system.

 

[insidious_calm]

What's wrong with this picture?

He carried it openly and a few of the women were concerned.

and....

Thomas Erwin Bell was charged with carrying a concealed weapon at his arraignment before Magistrate Michael Osaer in the 41-A District Court on Oct. l.

If indeed he was carrying openly then why was he charged with carrying concealed? Open carry is legal in KS, but I would like to here more about this. It sounds as if a letter to the candidate is in order. Anyone got contact info?




I.C.

 

[deanf]

$1,000,000 bond?!?!?!

Are they crazy?

Around these parts, the only people who get a $1 millon bond are murders and the like.

But I guess the cost of living is much higher in that part of the Republic.

 

[41mag]

Hmmmpf,I thought open carry was legal in MI.

 

[mrtgbnkr]

Close reading of the article indicates that he carried openly on his first visit and left. The workers were instructed to contact police if he returned. When he did, they called and he was found to be carrying, probably concealed that time around. At least that's the way I read the article.

"He had appeared at the Republican site to do some volunteer work and the other volunteers noticed that he was carrying a gun and they asked him not to," said Detective Sgt. Stan Muszynski of the Shelby Township Police Criminal Investigations Bureau. "He carried it openly and a few of the women were concerned. They weren't sure who he was as he never provided identification."

Workers called police to share their concerns and police said to call back if Bell should visit the office again, Muszynski said.

"The next time he showed up, they called us and he was indeed carrying a gun without a permit so we arrested him on a concealed weapons charge," Muszynski said.

The $1,000.000 bond is insane!

 

[Standing Wolf]

"There was no apparent threat, but it was something that needed to be taken seriously," Muszynski said. "It was a cause for concern."

If there was no apparent threat, why was he arrested? Lenin would be proud.

 

[bbrins]

One million dollars? What happened to the eighth amendment, is this guy rich or something?

 

[migoi]

Seems like....

it's not only the Democrats that get a bit nut-headed when ordinary people take the 2A out for a walk.....

How is it that I'm suppose to trust the R party about firearms?

migoi

 

[Coronach]

Gotta love news reports

He was carrying openly...and arrested for carrying a concealed weapon.

So, which is it?

Sigh. Journalists.

-Mike

 

[jefnvk]

I found this:

750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.
Sec. 234e. (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days,
or a fine of not more than $100.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991.

Depends on what exactly brandeshing is, though.

http://www.michiganlegislature.org/documents/publications/firearms.pdf

It would seem that he is being charged with this:

750.227 Concealed weapons; carrying; penalty.
Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any
length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her
person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling
house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a
vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed
by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or
manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a
fine of not more than $2,500.00.
History: 1931, Act 328, Eff. Sept. 18, 1931;—CL 1948, 750.227;—Am. 1973, Act 206, Eff. Mar. 29, 1974;—Am. 1986, Act 8, Eff. July 1, 1986.
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court’s ability to impose punishment in excess of that intended by the
Legislature, not a limit on the Legislature’s power to define crime and fix punishment. People v. Sturgis, 427 Mich. 392, 397 N.W.2d 783 (1986).
Former law: See section 5 of Act 372 of 1927, being CL 1929, § 16753.

 

[kwelz]

That is strange. I always carry when we are doing campaign work and have never had anything said to me. In fact depending on what we are doing some people like to make sure I am packing.

 

[Edmond]

He has to come up with $100,000 cash to make bail. That is ridiculous. I've read of murderers and rapists who had much less bonds.

 

[Brett Bellmore]

Hmmmpf,I thought open carry was legal in MI.

It is. But in some areas of the state, they'll arrest you anyway. It's a catch 22; If the gun can be seen they'll call it "brandishing", and if any part of the gun is obscured they'll call it "concealed". We really need to get "brandishing" defined in the law.

I would say, if this campaign volunteer refused to identify himself when asked, that given the recent attacks on Republican campaign headquarters recently, they had good reason to be concerned. Nothing stops a Democrat from "volunteering" at a Republican campaign headquarters, after all.

 

[nico]

so bail was set at $1mil for a crime where the maximum penalty is a $2500 fine or 5 years? It really seems like something is missing from this story. that's way past the realm of overzealous prossecution.

 

[Brett Bellmore]

Armed person in Republican campaign headquarters, refusing to provide ID. And the context is that Republican campaign headquarters across the country are getting shot up. You do the math. They may suspect that he's involved in that.

 

[migoi]

It didn't say...

that he refused to provide identification...it just said that he didn't. I'm reading that as they didn't bother to ask. Seems to me there is a double standard going on here...if this had been folks from the D party that reported an armed person then we would have had an endless litany of rants about how horrible and unreasonable the D's are, but since it was the R party I see folks making excuses.

migoi

 

[Sergeant Sabre]

I see two possibilites: The second time around, he WAS carrying concealed

or

He got into a car with his pistol strapped on

Open carry is legal in Michigan, but not in a motor vehicle.

 

[Edward429451]

Sigh. Journalists.

Maybe not, maybe it's...

Sigh. Sheeple. Or
Sigh. Administration. (or both)

With the way charge stacking (and bond stacking too, apparently) is done nowadays, the journalist may be entirely accurate.

Illegal to carry openly, illegal to carry concealed. We're being backed into the corner...Fight or flight is a natural response.

 

[Beren]

So who do you think HE's going to vote for this year?

 

[Gifted]

and if any part of the gun is obscured they'll call it "concealed".

Same way in Missouri.

 

[erik the bold]

Another article on the subject........ According to this story, the man had no ID other than a credit card. In Michigan, you can carry openly, however you must have your driver's license (or state issued ID card) and your "safety inspection certificate" (green card) on your person.

http://macombdaily.com/stories/100204/loc_romeo gunner001.shtml

By Frank DeFrank
Macomb Daily Staff Writer

A 41-year-old Romeo man was jailed on $1 million bond Friday after he was accused of illegally possessing a weapon at the Shelby Township headquarters of the Macomb County Republican Party.

The man had been working as a volunteer for the Republicans and had expressed interest in attending a rally Friday featuring former New York City Mayor Rudy Giuliani, U.S. Rep. Candice Miller and several prominent members of the Republican Party, authorities said.

The rally was held without incident.

Thomas Bell was arrested by Shelby Township police shortly after 1 p.m. Thursday. Staff members at the headquarters became concerned and called police when they noticed Bell carrying a handgun, said Robert Leman, Shelby Township police chief. Bell apparently made no attempt to conceal the weapon.

"He had (the weapon) in a holster on his hip in plain view," Leman said.

The chief said Bell did not have a permit to carry a weapon. When he was arrested, Bell had no identification on his person other than a credit card, the chief said.

While carrying a concealed weapon is a felony, a $1 million bond for such a charge is rare.

Police who searched Bell's car found a citizen's band radio, binoculars and 14 maps of Michigan, Leman said. They also found the name of a prominent local official scrawled on a Post-It note attached to one of the maps.

Leman said other items fueled concerns, though he would offer no additional specifics. The chief also said his department notified the U.S. Secret Service about the arrest.

"We're taking some precautions," he said.

Officials from the Republican Party, who helped organized the Giuliani rally and operate the headquarters building, would not comment on the arrest or Bell's behavior.

Bell faces a preliminary examination on the weapons charge Oct. 14

 

[jefnvk]

your "safety inspection certificate" (green card) on your person.

I forgot about that one. That's a big no-no, from what I was told when I got mine. Seems that there amy just be something that the stories are missing.

 

[erik the bold]

Leman said other items fueled concerns, though he would offer no additional specifics

It appears that something funny must have been going on, especially if the SS was brought in...........