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POLICE: Troy man arrested after carrying loaded rifle in downtown Birmingham

Tucker6900

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Iowa, USA

Tucker6900

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Iowa, USA
The open carry of a firearm alone does not amount to disorderly conduct. Depending on the size of the weapon (30 inches or less?) he need not ID himself.

I also believe OC alone does not constitute brandishing. And the obstruction charge is total BS. *** damn this pisses me off.
 

Bronson

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Just so you know, this thread will probably get deleted by the mods.

(14) LONG GUN CARRY IS OFF-TOPIC: This web site is focused on the right to openly carry properly holstered handguns in daily American life. We do NOT promote the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the members of this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry. Exception: This rule does NOT apply to discussions about long gun carry in jurisdictions such as California which ban handgun carry and thus require long gun carry as a matter of public policy.

Bronson
 

StingMP9

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The open carry of a firearm alone does not amount to disorderly conduct. Depending on the size of the weapon (30 inches or less?) he need not ID himself.

The weapon was taken into evidence. Police were unable to obtain ownership information for the rifle. The arrest comes less than two weeks after police questioned a 21-year-old woman accused of firing two gunshots after leaving a bar in the same area where the Troy man was found carrying the gun.[/QUOTE said:
Wow, cannot obtain ownership information. Sounds like a complaint against no requirement to register long guns. Typical anti article. And the correlation between him being around the same general area as recent crimes while carrying is testimony to why carry. Where is the bang head emoticon?
 

Tucker6900

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Just so you know, this thread will probably get deleted by the mods.



Bronson

I believe it will as well, however, given the situation at hand, would the same have happened if he were OC'ing a handgun?

I think the mods should allow this one as an education type thread of what to do, and not to do.

I also find this rule applicable to Michigan, as a "long gun" under 30" is considered a pistol in michigan, am I correct?

(14) LONG GUN CARRY IS OFF-TOPIC: This web site is focused on the right to openly carry properly holstered handguns in daily American life. We do NOT promote the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the members of this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry. Exception: This rule does NOT apply to discussions about long gun carry in jurisdictions such as California which ban handgun carry and thus require long gun carry as a matter of public policy.
 
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Glock9mmOldStyle

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Taylor, Wayne County, Michigan, USA
Something to note: Under current MI. law, a person under the age of 21 may NOT purchase a pistol from a FFL. Thus, without a private seller willing to sell him a pistol (many will not). The only other option for this individual to protect himself aside from the long gun would have been a black powder pistol. :eek: This is something in my opinion that needs to be fixed by our law makers. If an individual can serve their country armed with automatic weapons at the age of 18, why can't they purchase a pistol from a dealer? Now as i see this, with the very limited info at hand it appears the young person was attempting to comply with current MI law. :confused:

Sent from my PMID701C using Tapatalk 2
 

Michigander

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Mulligan's Valley
I'm with oldstyle on this. Very much on topic if he couldn't manage to get a handgun to carry instead, for the same reasons that it's okayed for the PRK it should be okay here.

If this topic gets deleted it will be unfortunate. Aside from the fact that we should support teens OCing how they can, this case could have important implications for the definition of brandishing, and that would apply to any guns a person could carry.
 
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DrTodd

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Hudsonville , Michigan, USA
I'm with oldstyle on this. Very much on topic if he couldn't manage to get a handgun to carry instead, for the same reasons that it's okayed for the PRK it should be okay here.

If this topic gets deleted it will be unfortunate. Aside from the fact that we should support teens OCing how they can, this case could have important implications for the definition of brandishing, and that would apply to any guns a person could carry.

Agreed, I hope this stays. Obviously the rule regarding long-gun carry for the website is a rule for which most here can see the logic. However, I think the worthiness of making an exception in this case has been clearly stated.
 

Hevymetal

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Clinton Twp
I'm with oldstyle on this. Very much on topic if he couldn't manage to get a handgun to carry instead, for the same reasons that it's okayed for the PRK it should be okay here.

If this topic gets deleted it will be unfortunate. Aside from the fact that we should support teens OCing how they can, this case could have important implications for the definition of brandishing, and that would apply to any guns a person could carry.

Agreed:

Another article with more info:
http://troy.patch.com/articles/witness-troy-teen-arrested-for-carrying-rifle-was-in-his-legal-right

"He is scheduled to be arraigned May 2 on charges of disturbing the peace, brandishing a weapon and obstructing an investigation."

Disturbing the peace by merely OC, would they have even tried to charge him with this or brandishing if it was a pistol?

Obstructing an investigation, for failing to produce ID upon request. Another OC related issue that could possibly set a precedent that could affect us all.

IMHO While it may not have been the wisest decision to do what he did (Not knowing if it was his only option to) He was well within his legal rights (knowing only what I have read thus far) I do however appear to see several laws that may have been broken by the police involved in this matter. Wanting to avoid a potential lawsuit (civil or federal) to the department and city I would speculate charges will be dropped and his weapon returned eventually.
 

stainless1911

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Davisburg, Michigan, United States
I believe it will as well, however, given the situation at hand, would the same have happened if he were OC'ing a handgun?

I think the mods should allow this one as an education type thread of what to do, and not to do.

I also find this rule applicable to Michigan, as a "long gun" under 30" is considered a pistol in michigan, am I correct?

I'm with oldstyle on this. Very much on topic if he couldn't manage to get a handgun to carry instead, for the same reasons that it's okayed for the PRK it should be okay here.

If this topic gets deleted it will be unfortunate. Aside from the fact that we should support teens OCing how they can, this case could have important implications for the definition of brandishing, and that would apply to any guns a person could carry.

Agreed, I hope this stays. Obviously the rule regarding long-gun carry for the website is a rule for which most here can see the logic. However, I think the worthiness of making an exception in this case has been clearly stated.

Add me to the list. This one touches on too many relevant issues to be deleted based on the LGOC rule.

I hope this guy makes a killing off this thing.
 

John Pierce

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I am going to leave this thread. It is not an advocacy thread for open carry of a long gun but a news report of someone who did so ... and an educational news report at that.


John
 
H

Herr Heckler Koch

Guest
The cautionary note in the article, forewarned is forearmed, is the conventional wisdom of requiring "ownership information" for this weapon chattel as though it is particularly subject to lawful seizure.
 

PDinDetroit

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SE, Michigan, USA
I believe it will as well, however, given the situation at hand, would the same have happened if he were OC'ing a handgun?

I think the mods should allow this one as an education type thread of what to do, and not to do.

I also find this rule applicable to Michigan, as a "long gun" under 30" is considered a pistol in michigan, am I correct?

I have OC'ed in Birmingham many times with No Issues, eastmeyers and I both the last few times.
 
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stainless1911

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As far as the ownership question of the rifle, whatever happened to "Possession is 9/10ths of the law"? Or is that just when it's convenient for them? If its a bag of weed, or an unregistered gun, or a stolen item, it's yours according to the prosecution.

Methinks the cops wanted a nice 1500$ rifle for themselves.

PS. Thanks John.
 
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OC for ME

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If the law is silent on this question, or is in the favor of the 'kid', then it is a simple case of 'contempt of cop'. Cops don't like being dissed, even when them getting dissed is perfectly legal.

The type of firearm is somewhat irrelevant, the 'kid' looked underage is the issue in my view. Though, if a 'older' dude was doing the same thing, OC a LG, the same result may have occurred. But, I'll hazard a guess that a 'older' dude would have been able to avoid getting the 'ride'. And still have the cops by the short ones.

Though, some folks may say that the kid deserved it. If he had just 'handed over his papers' he may have had avoided the 'ride'.
 
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