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Thread: Tazered for Open Carry

  1. #1
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    Tazered for Open Carry


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    From the description.

    Who Tazes a man in a Cookie Monster shirt?
    Police lapel camera. Cops taser and open carrying citizen in the neck for refusing to unholster his firearm to put it on the ground while police have guns drawn on him. He is charged with refusing to obey a police officer and unlawful carrying of a firearm because he would not draw his firearm to lay it on the ground. Rule #1 for open carry: Never touch you firearm while police are present. I would not have unholstered mine either.

    Michael Hendricks, 45, didn't do anything wrong. He was working in a housing project known for gangs and violence, so he open carried his pistol that day. The police merely received a call about a man with a gun on his hip. This is how they treated him.

    ****************************************
    If he would have drawn his holstered gun as they ordered, they would have executed him.
    Last edited by stainless1911; 09-09-2012 at 09:02 PM.

  3. #3
    Founder's Club Member thebigsd's Avatar
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    Tazered for Open Carry

    I didn't hear him say anything about not wanting to touch his gun. Not that it would of helped. Do you know the final resolution of this incident?
    "When seconds count between living or dying, the police are only minutes away."

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    No, I just heard about this.

    Someone said the gun was in his hand, and he put it in his pocket. Whether holstered OC, or pocket CC, you do NOT touch your gun in the presence of LEO they will shoot you.

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    Quote Originally Posted by stainless1911 View Post
    No, I just heard about this.

    Someone said the gun was in his hand, and he put it in his pocket. Whether holstered OC, or pocket CC, you do NOT touch your gun in the presence of LEO they will shoot you.
    You say someone said the gun was in his hand but he wasn't shot. Then you say if you touch your gun in the presence of a LEO, you will be shot. Which is it?
    Last edited by scot623; 09-09-2012 at 09:54 PM.

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    Regular Member griffin's Avatar
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    From the cop's commands it sounds like he was holding the pistol. I can't find anything else about this on the web.
    "If we lose freedom here, there's no place to escape to."
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley
    "...go home from us in peace. We seek not your counsel, nor arms. Crouch down and lick the hand that feeds you. May your chains set lightly upon you; and may posterity forget that ye were our countrymen." Samuel Adams
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    Quote Originally Posted by scot623 View Post
    You say someone said the gun was in his hand but he wasn't shot. Then you say if you touch your gun in the presence of a LEO, you will be shot. Which is it?
    Apparently, he put the gun in his pocket to avoid being shot. The cops wanted him to put in on the ground. If he did so, Im sure they would have shot him.

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    Regular Member Raggs's Avatar
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    Quote Originally Posted by griffin View Post
    From the cop's commands it sounds like he was holding the pistol. I can't find anything else about this on the web.
    I agree, a officer said "he put the gun in his pocket" which suggests he was open carrying in his hand. Probably lucky the officers didn't shoot him.
    Last edited by Raggs; 09-09-2012 at 10:03 PM.
    My reasons to OC
    1. to raise awareness of the legality of open carry in Michigan
    2. To raise awareness that good people carry guns
    3. A deterrent to people so that I won't be targeted
    4. Because it's more comfortable than CC in most situations
    5. Because I can and want to
    6. Because it's perfectly legal
    7. Self defense

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    Moderator / Administrator Grapeshot's Avatar
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    Seriously, how can any judgement be made from that video - it is extremely lacking in definitive information.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member griffin's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Seriously, how can any judgement be made from that video - it is extremely lacking in definitive information.
    Did I miss something? Did anyone here make a definitive judgment?
    "If we lose freedom here, there's no place to escape to."
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley
    "...go home from us in peace. We seek not your counsel, nor arms. Crouch down and lick the hand that feeds you. May your chains set lightly upon you; and may posterity forget that ye were our countrymen." Samuel Adams
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    Campaign Veteran smellslikemichigan's Avatar
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    yep, not enough info
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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  12. #12
    Regular Member Raggs's Avatar
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    The rest of the story?

    Could this be the rest of the story?

    http://www.policeone.com/police-prod...lding-suspect/

    Dude is SO lucky to be alive
    Last edited by Raggs; 09-09-2012 at 10:22 PM.
    My reasons to OC
    1. to raise awareness of the legality of open carry in Michigan
    2. To raise awareness that good people carry guns
    3. A deterrent to people so that I won't be targeted
    4. Because it's more comfortable than CC in most situations
    5. Because I can and want to
    6. Because it's perfectly legal
    7. Self defense

  13. #13
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    If he put the gun in his pocket, he was no longer an immediate threat, and should not have been treated that way.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by griffin View Post
    Did I miss something? Did anyone here make a definitive judgment?
    No, you were the first to mention it. A definitive judgment is final and not provisional and that is not what I said.

    I questioned how with the lack of information any judgement could be made as a result of watching that video.

    Definitive information = facts leading to a conclusion.

    Not sure why you seem to think that we are limited to only responding to the comments of others.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    It's a discussion thread...

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    Regular Member Lasjayhawk's Avatar
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    OK stupid question, because I don't know. If OC in a holster, or even in your hand with the muzzle pointed down, and baring anything else, is "put the gun down" even a lawful order?

    If I, as a LAC, see a cop with his gun drawn, yell put the gun down because I feel threatened, and if they don't can I taze them?

    What I'm driving at is there needs to be a RAS of a crime being committed, or this is a minority report kind of thing.

  17. #17
    Regular Member Raggs's Avatar
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    Quote Originally Posted by Lasjayhawk View Post
    OK stupid question, because I don't know. If OC in a holster, or even in your hand with the muzzle pointed down, and baring anything else, is "put the gun down" even a lawful order?

    If I, as a LAC, see a cop with his gun drawn, yell put the gun down because I feel threatened, and if they don't can I taze them?

    What I'm driving at is there needs to be a RAS of a crime being committed, or this is a minority report kind of thing.
    From the article i posted it sounds as if a crime was being commited
    My reasons to OC
    1. to raise awareness of the legality of open carry in Michigan
    2. To raise awareness that good people carry guns
    3. A deterrent to people so that I won't be targeted
    4. Because it's more comfortable than CC in most situations
    5. Because I can and want to
    6. Because it's perfectly legal
    7. Self defense

  18. #18
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    Quote Originally Posted by Raggs View Post
    Could this be the rest of the story?

    http://www.policeone.com/police-prod...lding-suspect/

    Dude is SO lucky to be alive
    Why is this story from Albuquerque in the Michigan section?

  19. #19
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    I do think they had RAS here, but in and of itself, OC is not RAC, even if it's in hand.

    Consider LGOC for a minute. I know its off limits, but for the sake of this discussion and the legality of OC, it bears some relevance. If you are LGOC, we know it's legal. You are supposed to have it on a sling over your shoulder, but remember there is no law requiring it. Similarly, there is no law requiring one to have a pistol holstered either. Carrying either, in hand, is legal as there is no law against it. We know that brandishing would be (at least in Michigan) determined by a reading of the dictionary as there is no case law. If a person was not being threatening by carrying a firearm in hand, then they would be guilty of nothing, merely exercising a right.

    Some may say that it is stupid, but then again, some think that carrying or even owning a gun is stupid as well. Perhaps the person had a reason for carrying in hand.

  20. #20
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    Quote Originally Posted by KBCraig View Post
    Why is this story from Albuquerque in the Michigan section?
    Because it could happen here too.

  21. #21
    Regular Member TheQ's Avatar
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    Tazered for Open Carry

    He had the gun in his hand?...and he wasn't wearing a garbage bag for rain?
    Last edited by TheQ; 09-09-2012 at 11:11 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Quote Originally Posted by TheQ View Post
    He hand the gun in his hand?...and he wasn't wearing a garbage bag for rain?
    Har dee har har.

    I suppose he would need a tent.

    That wasn't the first or only time I carried in hand.

  23. #23
    Regular Member DetroitBiker's Avatar
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    Quote Originally Posted by Raggs View Post
    Could this be the rest of the story?

    http://www.policeone.com/police-prod...lding-suspect/

    Dude is SO lucky to be alive
    Good find Raggs, I knew there had to be more to the story.
    Sounds like this wasn't a case of an inocent Open carrier being Tased for no reason at all.

    I agree he was lucky they didnt shoot him.
    Last edited by DetroitBiker; 09-09-2012 at 11:35 PM.

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    Quote Originally Posted by stainless1911 View Post
    That wasn't the first or only time I carried in hand.
    So, based on your statement that you WILL BE SHOT if you touch your gun in the presence of a LEO, wouldn't YOU expect to be shot on sight if a LEO see's you carrying your gun in your hand? (as you have done multiple times according to you)
    Last edited by scot623; 09-09-2012 at 11:55 PM.

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    Me thinks you're a trollin'.

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