Michigan Man Arrested for Open Carry

[Two Cold Soakers]

And the local press still doesn't get it...

They seen to understand the law, and pre-emption, but are woefully clueless as to the facts.... (note the concealed carry bash near the end).

http://www.grandhaventribune.com/paid/292496549320470.bsp

City had no choice on gun issue

Thu, Aug 28, 2008

It's understandable as to why the city of Grand Haven backed down and dismissed charges against a man accused of carrying a weapon during this summer's Coast Guard Festival.

City officials discovered that Grand Haven's ordinance that prohibits possessing and carrying firearms in public is unenforceable.

A 21-year-old Freeport man was accused of carrying a gun during the Coast Guard Festival.

The charges will be dismissed without prejudice and arrangements are being made for the man to get his gun back, according to Grand Haven Department of Public Safety Capt. Rich Yonker.

Grand Haven officials were made aware that the state statute regarding openly carrying firearms pre-empts local ordinances.

A group that monitors conflicts between local and the state law alerted Grand Haven officials of the possible violation.

Yonker told the Tribune that the decision to drop the charges came after research of case law by the city's attorney.

That brings up the question as to how the local ordinance got passed in the first place, or stayed on the books, if there were questions about its legality. Will the ordinance now be repealed?

As far as the man being within his rights to carry a weapon downtown during the Coast Guard Festival, it raises questions as to why anyone would need to carry a weapon during a family orientated festival.

The law states that a man or woman can't carry a concealed weapon in a school zone, be under the influence or be drinking while carrying a firearm.

We see why the city had no recourse but to drop the charges. Still, it is worrisome that a person can walk on our downtown streets with a gun.

Those who advocate carrying guns can complain all they want, but that doesn't defuse the potential for a tragedy.

Len Painter - Managing Editor
E-mail: [email protected]

Becky Vargo - News Editor
E-mail: [email protected]

 

[D94R]

Well, that article make a quick turn from good info to bias opine. They still can't distinguish between a NEED and a RIGHT though.

He however, has as much need to carry that gun as the victims of Columbine, Trolley Square, Illinois and Virginia Tech. Luckily, he was able to carry.

 

[Norinco982lover]

Wow horrid article. I hope the city ordinances get repealed!

 

[k-frame]

Strictly speaking it's an opinion piece written by the editorial board or one of its members or even a guest. Just pointing out that it's not a mainline news story where you wouldn't see (or shouldn't ) that kind of direct opinion expressed.

And yeah, the author doesn't get it.

 

[Duke Junior]

Len Painter - Managing Editor
E-mail: [email protected]

Becky Vargo - News Editor
E-mail: [email protected]

Pitiful paper.Pitiful Editors.Pitiful rationalizing.
And is it any wonder the print media is dying with even small local papers espousing this Socialist jargon?

 

[jrfoxx]

The charges will be dismissed without prejudice

Since he was charged under a law that is invalid and unenforceable (thus basically meaning he was charged for breaking a law that doesnt exist, in effect), wouldnt this situation fit the very reasoning for dismissing WITH prejudice? why allo a man to possibly be re-charged later for having committed NO crime, since the law is totally void? or do I misunderstand the whole with/without prejudice thing?

I admit that it's 99.999% unlikely that little tidbit matters in reality, but it's more a "principle of the thing" to me I guess.

 

[dalepres]

Since he was charged under a law that is invalid and unenforceable (thus basically meaning he was charged for breaking a law that doesnt exist, in effect), wouldnt this situation fit the very reasoning for dismissing WITH prejudice?

Well, if you're right about the meaning of without prejudice (I haven't had enough experience with the law to know) then my guess is that they reserved the right to charge later because they're still looking for something to charge him with.

While we are mostly all celebrating here, I suggest that Michiganers watch for an upcoming attempt to create a statewide explicit ban on open carry.

 

[Thin Black Line]

Compare and Contrast

Earlier article on this issue:

People carrying weapons can be frightening and the department received several verbal complaints about the man, Reiss said.

Later article on this issue:

As far as the man being within his rights to carry a weapon downtown during the Coast Guard Festival, it raises questions as to why anyone would need to carry a weapon during a family orientated festival.
...
We see why the city had no recourse but to drop the charges. Still, it is worrisome that a person can walk on our downtown streets with a gun.

Those who advocate carrying guns can complain all they want, but that doesn't defuse the potential for a tragedy.

Now let's turn to:

http://www.oregonlive.com/news/index.ssf/2008/08/hear_the_buzz_its_defense_trai.html

Jennie Logsdon-Martin was at the Hilton Portland and Executive Tower on Monday evening when black helicopters swooped by her 12th-floor room, slamming a window shut with the force of the wind.

She looked out and saw a helicopter so close "you could see the guys' teeth," the Tillamook resident said. "It was just scary."

Logsdon-Martin wasn't the only one alarmed. One guest began crying, and others anxiously watched as the helicopters landed and took off at nearby office buildings, she said.

The sudden appearance of black helicopters carrying apparently armed men and buzzing around Portland generated dozens of calls to emergency dispatchers and the mayor's office from residents and visitors.

It's nothing to worry about, city and federal officials insisted Tuesday. And, by the way, you might see more of the same tonight.

 

[moooose102]

well, i do not know about the "legality" of this. but i have lived in Michigan my whole life (51 years), and the ONLY people i have ever seen ANYWHERE open carrying is the police, PERIOD. when i went and got my cpl (ccw), they (the newaygo county sherrif department) told me that i could not carry my pistol on my hip, that in Michigan, that would be considered brandishing. and, if i did this, eventually, i could end up losing my cpl. didnt you guys know that Michigan is a "GUSTOPPO" state for firearms!?!?!?!? i hope that the guy gets off, i really do. i would love to see this turn into a rallying point for open carry in this state. not that i would want to open carry all of the time everywhere, but, it would be nice to be able to open carry at certain times. especially, when taking the dogs out in the woods and things of that nature. the people in this state are so uptight about open firearms you couldn't drag a needle out of their bottom with a tractor!

 

[poor_richard]

well, i do not know about the "legality" of this. but i have lived in Michigan my whole life (51 years), and the ONLY people i have ever seen ANYWHERE open carrying is the police, PERIOD. when i went and got my cpl (ccw), they (the newaygo county sherrif department) told me that i could not carry my pistol on my hip, that in Michigan, that would be considered brandishing. and, if i did this, eventually, i could end up losing my cpl. didnt you guys know that Michigan is a "GUSTOPPO" state for firearms!?!?!?!? i hope that the guy gets off, i really do. i would love to see this turn into a rallying point for open carry in this state. not that i would want to open carry all of the time everywhere, but, it would be nice to be able to open carry at certain times. especially, when taking the dogs out in the woods and things of that nature. the people in this state are so uptight about open firearms you couldn't drag a needle out of their bottom with a tractor!

That sherrif misinformed you (they do that in order to intimidate people into no OC’ing). Open carry is legal in Michigan and you can carry on your hip. It isn’t brandishing, and they can’t take your cpl for doing something that is legal. Go to opencarry.org and visit the Michigan section. Even the states AG office has been quoted by both WOOD TV8, and WMMT Channel 3 as saying that OC is legal in MI (this as recently as July 24).

See this thread: http://opencarry.mywowbb.com/forum30/13328.html
If you do decide to OC, please do some research first to better understand your rights, and how to properly
behave during a police encounter. It would also be a good idea to have a digital voice recorder with you , for recording any potential police encounters.

BTW: we already had an OC picnic in Grand Rapids, at John Ball Park with no trouble.

As far as the man being within his rights to carry a weapon downtown during the Coast Guard Festival, it raises questions as to why anyone would need to carry a weapon during a family orientated festival.

Maybe they should review this case:
http://www.woodtv.com/Global/story.asp?S=8813140

4 arrested for beating in Grand Haven

Posted: Aug 8, 2008 05:18 PM

Updated: Aug 8, 2008 05:18 PM
By Marc Thompson

GRAND HAVEN, Mich. (WOOD) - Four teens admitted trying to rob a man for pizza and beer near the waterfront early Friday morning.

The victim, a 21-year-old Muskegon man, was beaten by the teens, who then stole his wallet.

Police said three of the suspects are from Comstock Park and the other from Grand Rapids. Three of them - Nikolus Edwin Kulka, Kyle Thomas May and Jesse Douglas Baragar - will be charged as adults.

The fourth suspect is not being named since he is a juvenile.

24 Hour News 8 will have more information as it develops.

This happened less than a week after the arrest of the OC’er, and there was a murder of a jewelry store owner earlier this summer.

 

[thumbody]

moooose102

i would love to see this turn into a rallying point for open carry in this state.

It is already LEGAL that is why they COULD NOT charge him with anything!

when i went and got my cpl (ccw), they (the newaygo county sherrif department) told me that i could not carry my pistol on my hip, that in Michigan, that would be considered brandishing.

They were wrong.

Follow the link I posted in post #32.

Check the forums at Michigan Gun Owners

http://www.migunowners.org/forum/forumdisplay.php?f=209

Check out the post titled Grand Haven Twp. Issue it is about this issue

There have already been a couple of Open Carry events in the Southeast part of the state this year. 1 in Warren and 1 in the Flint area(Grand Blanc I think) that I am aware of.

 

[Fisherman_48768]

Lapeer Gathering

I do believe there is an OC group having a picnic/gathering in Lapeer, Mich., tomorrow Aug 31. Might even show up myself.