A gun owner in Flint Township, Mich., has filed a lawsuit claiming he was stopped and arrested while legally openly carrying his pistol back in December. He ended up spending Christmas in jail.
Flint Township police say the man’s gun was covered by his coat, making the arrest legal. The police dashcam video of the incident doesn’t prove either side’s story conclusively, but it does provide some additional insight.
In the video, John David McMorris, 21, can be seen stopping and putting his hands over his head when an officer turned on his police car lights. The gun appears to be visible on his right hip in the video — and Michigan is an open carry state.
More at link above ........
"I'm arresting you for carrying concealed, because I see your openly carried weapon now, and it caused me to think I remember not seeing it earlier. No, me not noticing it earlier had nothing to do with my attention probably being focused on the road in this weather as I drove past at 45 mph."
Why isn't there a "common sense" test before you can enter or graduate from the police academy?
Most officers are fairly intelligent but, boy, there sure are some ringers that get through. Makes me worry knowing some minority of people carrying around a badge and a gun seem to have just enough mental processing power to keep their heart beating.
"The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr
“He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi
"First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi
Right, I don't understand why the logical leap was "It must have been covered by your coat before" and not "I didn't notice it before." And you are going to ruin the guy's night because you may or may not have noticed when you passed him before? He is very clearly OCing now and most likely had all intentions of open carrying the whole time and even if it WAS momentary obscured by a jacket it amounts to little more than a technicality.
It would be nice if the Concealed Carry law had a "Willfully" thrown in there to help prevent something like this. It would save a guy who's standing up at a restaurant and putting his jacket back on and maybe accidentally covers the gun. A cop could point and say "Ahhhh, I got you, you concealed your weapon! Off to jail you go."
Last edited by jeffrey-r; 03-31-2014 at 11:32 PM.
I'm guessing the prosecution is going to use the victim's "excited utterance" apology as quoted in the linked article as justification for the "persecution" of this man.
RIGHTS don't exist without RESPONSIBILITY!
If one is not willing to stand for his rights, he doesn't have any Rights.
I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
If the above makes me a RADICAL or EXTREME--- So be it!
Life Member NRA
Life Member GOA
2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"
Last edited by Fillinguy; 07-14-2014 at 11:30 PM.