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Thread: I am all for rights but it is a bad idea.

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    So where do I start.... Well I am 26 white male CCW holder and live in Farmington hills, Waterford, Port Huron. I have had my share of bad times with CCW.

    First one I was in bar drunk( gun locked in truck). With 2 friends one DD and other drunk. Someone I when to school with and another KID (19) came in. My drunk ass bought them $60 in drinks. They trail my truck home and shot me for my money. Kid was found at his house with stolen gun. Remember I know his full name and house and car. Was looking at 21 years. Underage drinking,handgun,fleeing,and drug charges...... But got 4years changed to 2years.

    Two. Went to College to sign up for class and locked gun in car, came back start car and put gun back on. start to drive away. Campus cops are trailing me almost all the way home. pull me over and when I show him the CCW and say I have my gun on me. I was asked to step out of the car and told it is a felony to have a gun on school property. And that I would be going to Oakland county jail. I tryed to tell the officers that there is more to the law than the writting on the back of the card. He said "do you thing I am stupid" And Off I go in jail 3hrs and out (good Lawer). So $145 tow $360 to get out of jail. Go to get my personal iteams back and there missing. Meaning gun,I-phone,I-pod,wallet,Money,hat..... Few hr. later theyshow he boxes with guns in them saying "is this it" tell we found it.So the gun bord suspends my CCW and Saying we know you are in the right but we have to do this as your court is pending. Well 4 months later it is over. The cop was pissed and tryed to change the charge to a local law at the last minute. And to protect the officer the prosecute changed it to "faild to tell officer of CCW" even then the police report said on the 3 line that the supject showed me his ID,CCW, and stated he had a gun extra clip and knife. We it cost me $4000 in fees. and The tow place drove my car as I found his gloves in my truck and the GPS tracking alarm shows it on M5 doing 87mph. But All I can get is $145 back at a lawer fee of $$$. And as far as the cops go they have filed with the school that I have a felony for the gun at school. And I would need to prove that they knew the laws but didn't fallow them and not that they are just stupid and I know that they really are stupid.

    So i read this OC in Michigan and like it as it is easier to pull a gun on my side than in my belt. So I call the Waterford PD. And the officer says "no Michigan is a permit state only" But gets me the Sargent and he says yes but you shouldn't . B/C it will only make more problems. Cuz if we get a call to Meijers and come out we will take the gun and you to jail. And tell the Gun board of this and ask them to take you CCW. And you will take it to court and it will be all dismissed but is it really worth all of that? I said no anf thank you for your time. He also said and meijers will not want your buss. Anymore

    So the facts are this---- It is not ok to me stupid of the laws but it is ok for the officer to be.

    Allso you can't sue the prosecute

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    M16a2 wrote:
    So where do I start.... Well I am 26 white male CCW holder and live in Farmington hills, Waterford, Port Huron. I have had my share of bad times with CCW.

    First one I was in bar drunk( gun locked in truck). With 2 friends one DD and other drunk. Someone I when to school with and another KID (19) came in. My drunk ass bought them $60 in drinks. They trail my truck home and shot me for my money. Kid was found at his house with stolen gun. Remember I know his full name and house and car. Was looking at 21 years. Underage drinking,handgun,fleeing,and drug charges...... But got 4years changed to 2years.

    Two. Went to College to sign up for class and locked gun in car, came back start car and put gun back on. start to drive away. Campus cops are trailing me almost all the way home. pull me over and when I show him the CCW and say I have my gun on me. I was asked to step out of the car and told it is a felony to have a gun on school property. And that I would be going to Oakland county jail. I tryed to tell the officers that there is more to the law than the writting on the back of the card. He said "do you thing I am stupid" And Off I go in jail 3hrs and out (good Lawer). So $145 tow $360 to get out of jail. Go to get my personal iteams back and there missing. Meaning gun,I-phone,I-pod,wallet,Money,hat..... Few hr. later theyshow he boxes with guns in them saying "is this it" tell we found it.So the gun bord suspends my CCW and Saying we know you are in the right but we have to do this as your court is pending. Well 4 months later it is over. The cop was pissed and tryed to change the charge to a local law at the last minute. And to protect the officer the prosecute changed it to "faild to tell officer of CCW" even then the police report said on the 3 line that the supject showed me his ID,CCW, and stated he had a gun extra clip and knife. We it cost me $4000 in fees. and The tow place drove my car as I found his gloves in my truck and the GPS tracking alarm shows it on M5 doing 87mph. But All I can get is $145 back at a lawer fee of $$$. And as far as the cops go they have filed with the school that I have a felony for the gun at school. And I would need to prove that they knew the laws but didn't fallow them and not that they are just stupid and I know that they really are stupid.

    So i read this OC in Michigan and like it as it is easier to pull a gun on my side than in my belt. So I call the Waterford PD. And the officer says "no Michigan is a permit state only" But gets me the Sargent and he says yes but you shouldn't . B/C it will only make more problems. Cuz if we get a call to Meijers and come out we will take the gun and you to jail. And tell the Gun board of this and ask them to take you CCW. And you will take it to court and it will be all dismissed but is it really worth all of that? I said no anf thank you for your time. He also said and meijers will not want your buss. Anymore

    So the facts are this---- It is not ok to me stupid of the laws but it is ok for the officer to be.

    Allso you can't sue the prosecute
    Have you heard of 42 USC 1983????

    Dirty cops such as the ones you dealt with can and have lost the shirt off their backs.

    If your not willing to use this law then yes... it's not worth it.

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    Regular Member WARCHILD's Avatar
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    First off, not to offend you but..... You made two bad choices from the git go. Booze and guns don't mix...PERIOD.... locked in the trunk or not. 2nd, see what the booze got you, buying for under age, (that turned out well didn't it). Maybe you need to re-think your values before you carry a gun. I'm not talking out my a$$, I'm a continued recovering alcoholic, (21yrs.) so I have already re-directed myvalues and priorities.

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    Hi and welcome ..All that being said stop and read whole site , then ask for guidance . There are many roads to OZ not all are gold or eazy .

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    Regular Member DanM's Avatar
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    M16a2,

    Yeah, if you've had that bad of luck CC'ing, maybe you shouldn't OC either.

    Either way, the advice on this website is don't OC unless you know the law and are confident you know how toassert and defend your rights.
    "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

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    I agree, Alcohol and guns CANNOT be mixed! It will only cause problems.

    And yes, look up pre-emtion laws and no-carry areas for yourself, if you cannot find what you are looking for, ask. There is knowledgeable people on this website and they will guide you to what you are looking for.

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    M16a2 wrote:
    So where do I start.... Well I am 26 white male CCW holder and live in Farmington hills, Waterford, Port Huron. I have had my share of bad times with CCW.

    First one I was in bar drunk( gun locked in truck). With 2 friends one DD and other drunk. Someone I when to school with and another KID (19) came in. My drunk ass bought them $60 in drinks. They trail my truck home and shot me for my money. Kid was found at his house with stolen gun. Remember I know his full name and house and car. Was looking at 21 years. Underage drinking,handgun,fleeing,and drug charges...... But got 4years changed to 2years.

    Two. Went to College to sign up for class and locked gun in car, came back start car and put gun back on. start to drive away. Campus cops are trailing me almost all the way home. pull me over and when I show him the CCW and say I have my gun on me. I was asked to step out of the car and told it is a felony to have a gun on school property. And that I would be going to Oakland county jail. I tryed to tell the officers that there is more to the law than the writting on the back of the card. He said "do you thing I am stupid" And Off I go in jail 3hrs and out (good Lawer). So $145 tow $360 to get out of jail. Go to get my personal iteams back and there missing. Meaning gun,I-phone,I-pod,wallet,Money,hat..... Few hr. later theyshow he boxes with guns in them saying "is this it" tell we found it.So the gun bord suspends my CCW and Saying we know you are in the right but we have to do this as your court is pending. Well 4 months later it is over. The cop was pissed and tryed to change the charge to a local law at the last minute. And to protect the officer the prosecute changed it to "faild to tell officer of CCW" even then the police report said on the 3 line that the supject showed me his ID,CCW, and stated he had a gun extra clip and knife. We it cost me $4000 in fees. and The tow place drove my car as I found his gloves in my truck and the GPS tracking alarm shows it on M5 doing 87mph. But All I can get is $145 back at a lawer fee of $$$. And as far as the cops go they have filed with the school that I have a felony for the gun at school. And I would need to prove that they knew the laws but didn't fallow them and not that they are just stupid and I know that they really are stupid.

    So i read this OC in Michigan and like it as it is easier to pull a gun on my side than in my belt. So I call the Waterford PD. And the officer says "no Michigan is a permit state only" But gets me the Sargent and he says yes but you shouldn't . B/C it will only make more problems. Cuz if we get a call to Meijers and come out we will take the gun and you to jail. And tell the Gun board of this and ask them to take you CCW. And you will take it to court and it will be all dismissed but is it really worth all of that? I said no anf thank you for your time. He also said and meijers will not want your buss. Anymore

    So the facts are this---- It is not ok to me stupid of the laws but it is ok for the officer to be.

    Allso you can't sue the prosecute
    Er...

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    Ok I thing there is some misunderstanding here.

    1- I knew the one man from high school and that he was of age. And the other kid with him I didn't know. The bar is 21+ only so didn't know.

    2- I was perfectly under the letter of the law with my gun NOT ON ME OR IN THE BAR. So drinking or being drunk doesn't matter. Not a factor on the crime, also I have a DD (6' 2" 300lb) go with us.

    3- I was also perfectly legal in my truck at college asfirearm can be in my car or in a parking lot. I heard that the firearm in college has different rules but haven't looked into all of those yet.

    So in all I am the victim here from the criminal and the police. Let me add on the story of the college officers there where two of them,Sargent, and they called the prosecuter. And ZERO knew the law on CC and Colleges. So they but me in jail anyways.

    Please tell me how Knowing more of the laws would have helped me. As when he said "tell me where you are allowed carry" I started to summarize the real written law. He was only reading the back of the card saying it doesn't say that. And trying to tell him there are REAL laws that go with the ccw permits and it is way more than the writing on the card. He said do you think I am stupid.

    FACT you can be %100 in the right and know the laws but if they want to arrest you they will. So please fell free to post any info,laws, or people I an talk to. As I am the victim here and after my call to the waterford PD about OC, And the Sargent saying well we would ask the GB to take your CCW and arrest you there and let the courts deal with it.

    I would like a little help here rather than worthless bashing. Thanks

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    check pm

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    Regular Member WARCHILD's Avatar
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    Sorry, but bashing was not our intent. You should have been more clear with the facts and info in your post. You have the bottom line correct already, "they can arrest you for anything they want to"...... prosecution...... tha'ts what they will have a hard time doing. Now if you can be specific with the info you want/need, fire away and we'll be glad to help.

    Sorry if we offended you, Jerry

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    It's ok I don't offend that easy. There is a ton more to the case but those are the highlight.

    i read up on 42 USC 1983

    Is it stating that government can't be sued but local "state" can! Sorry but it is all in legal talk. I am not interested in costing the people on the city money for then officers mistake. However I don't want this to happen to anyone or me again.

    I will do allot more reading then I will post up as I am not up on all the back round laws. Or my rights and how to explain the laws to ignorant Police.

    Thanks


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    M16a2 wrote:
    Is it stating that government can't be sued but local "state" can! Sorry but it is all in legal talk. I am not interested in costing the people on the city money for then officers mistake. However I don't want this to happen to anyone or me again.

    I will do allot more reading then I will post up as I am not up on all the back round laws. Or my rights and how to explain the laws to ignorant Police.
    You should consult with an attorney. If you have acase against the PD, you should pursue it. I agree that it would be nice if no one had to sue. But, unfortunately, institutions don't change unless it costs them something in real terms.

    Any money you might win should truly be considered a cost of "training" for the police. Of course, it costs a lot less to the police if they internally train their officers before unlawful detentions or arrests happen.But if they don't want to do that and they want to incur the higher costs of training via payouts for their unlawful detentions/arrests, then so be it.

    Don't feel guilty. You would be contributing to their education.
    "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

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    Campaign Veteran marshaul's Avatar
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    M16a2 wrote:
    So where do I start.... Well I am 26 white male CCW holder and live in Farmington hills, Waterford, Port Huron. I have had my share of bad times with CCW.

    First one I was in bar drunk( gun locked in truck). With 2 friends one DD and other drunk. Someone I when to school with and another KID (19) came in. My drunk ass bought them $60 in drinks. They trail my truck home and shot me for my money. Kid was found at his house with stolen gun. Remember I know his full name and house and car. Was looking at 21 years. Underage drinking,handgun,fleeing,and drug charges...... But got 4years changed to 2years.

    Two. Went to College to sign up for class and locked gun in car, came back start car and put gun back on. start to drive away. Campus cops are trailing me almost all the way home. pull me over and when I show him the CCW and say I have my gun on me. I was asked to step out of the car and told it is a felony to have a gun on school property. And that I would be going to Oakland county jail. I tryed to tell the officers that there is more to the law than the writting on the back of the card. He said "do you thing I am stupid" And Off I go in jail 3hrs and out (good Lawer). So $145 tow $360 to get out of jail. Go to get my personal iteams back and there missing. Meaning gun,I-phone,I-pod,wallet,Money,hat..... Few hr. later they show he boxes with guns in them saying " is this it" tell we found it. So the gun bord suspends my CCW and Saying we know you are in the right but we have to do this as your court is pending. Well 4 months later it is over. The cop was pissed and tryed to change the charge to a local law at the last minute. And to protect the officer the prosecute changed it to "faild to tell officer of CCW" even then the police report said on the 3 line that the supject showed me his ID,CCW, and stated he had a gun extra clip and knife. We it cost me $4000 in fees. and The tow place drove my car as I found his gloves in my truck and the GPS tracking alarm shows it on M5 doing 87mph. But All I can get is $145 back at a lawer fee of $$$. And as far as the cops go they have filed with the school that I have a felony for the gun at school. And I would need to prove that they knew the laws but didn't fallow them and not that they are just stupid and I know that they really are stupid.

    So i read this OC in Michigan and like it as it is easier to pull a gun on my side than in my belt. So I call the Waterford PD. And the officer says "no Michigan is a permit state only" But gets me the Sargent and he says yes but you shouldn't . B/C it will only make more problems. Cuz if we get a call to Meijers and come out we will take the gun and you to jail. And tell the Gun board of this and ask them to take you CCW. And you will take it to court and it will be all dismissed but is it really worth all of that? I said no anf thank you for your time. He also said and meijers will not want your buss. Anymore

    So the facts are this---- It is not ok to me stupid of the laws but it is ok for the officer to be.

    Allso you can't sue the prosecute
    Wait, there's one little detail I'm not clear on...

    Are you white?

    WARCHILD wrote:
    First off, not to offend you but..... You made two bad choices from the git go. Booze and guns don't mix...PERIOD.... locked in the trunk or not. 2nd, see what the booze got you, buying for under age, (that turned out well didn't it). Maybe you need to re-think your values before you carry a gun. I'm not talking out my a$$, I'm a continued recovering alcoholic, (21yrs.) so I have already re-directed my values and priorities.
    Not everyone shares your baggage.

    For some of us, beer (alcohol) doesn't automatically equate to intoxication, and thus alcohol mixes about as well as guns as it does with cars. Which is not very well, but it's nothing a bit of personal responsibility can't handle.

    Just as arbitrary BAC limits have very little to do with the actual dangers of drunk driving (which are very real), so your absolutist "alcohol and guns do not mix" mantra fails to recognize any specific problem with drunk, armed people.

    The problem isn't the alcohol, it's the people drinking it. It's really the same as with "guns don't kill people, people kill people." Alcohol isn't the problem, drunk people are.

    A much better reaction is to encourage absolute personal responsibility, rather than taking an arbitrary, prohibitionary position on anything.

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    Regular Member WARCHILD's Avatar
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    Marshaul: All you say is quite true. I have said on this forum many times about the responsibilities which go along with a firearm. I was basing my opinion on my own experiences as a drinker as opposed to a non-drinker telling someone about the effects of alcohol and guns. This was based on the partial info in his post. Yes, I know many people who still drink and some do carry a gun; I don't agree with it but that is their choice not mine. I also feel there are some people who can have a beer or two and be capable and responsible enough, that I wouldn't be real concerned about being around them at that time. But as with most.... it's just my opinions on the issue.

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    Regular Member Tucker6900's Avatar
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    Sorry for your troubles. But if you dont feel comfortable OC'ing, dont OC. Its not a bad idea, unless your not up to what could come of it.

    And dont bother talking to Chiefs, and definatley Sgts, Officer, ETC, they all preach the same gospel. "Dont do it" "Its Illegal" "We'll throw you in jail"

    Start reading some of the post on here and youll realize that most, if not all officers, areDEAD WRONG whenit comes to anything concerning OC.

    As far as carrying on campus goes, I believe that if your a student, you cannot CC or OC on campus. A college campus/property does not fall under preemption due to its "Private Property" status and if their policy says no guns for students and staff, then it means NO GUNS. I may be wrong, if I am, someone please clarify.

    Im curious as to how campus police knew you had a gun. You made it sound like they had prior knowledge to your carrying.
    The only terrorists I see nowadays are at the Capital.


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    M16a2 wrote:
    I am not interested in costing the people on the city money for then officers mistake.
    You could always donate the money back to the city in honor of the armed law-abiding citizens that live there. That would look really good in the newspaper!
    United we STAND!

  17. #17
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    JeffSayers wrote:
    M16a2 wrote:
    I am not interested in costing the people on the city money for then officers mistake.
    You could always donate the money back to the city in honor of the armed law-abiding citizens that live there. That would look really good in the newspaper!
    Thats a great idea for anyone who gets arrested. After taking what you need to pay for legal and lost wages, donate the rest to the PD, but only after they make sure that their PD is up to date on the rules so it doesnt happen again.
    The only terrorists I see nowadays are at the Capital.


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  18. #18
    Regular Member Tucker6900's Avatar
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    Double post.
    The only terrorists I see nowadays are at the Capital.


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    They had no idea I was carrying! They fallowed my truck out off the parking lot. and fallowed me about 1mile onto public roads. Said they pulled me over for speeding. Even when no campus car has radar, And my truck has a detector/jammer.

    It is the law that when in a car you must show ID,CCW,when pulled over and tell them if you have a gun on them. So then I did the one officer to the other I had a gun. So he comes around the front of the truck fast with his hand on his gun. And they ask me to step out of the truck cuz i was under arrest.

    At this point it looks like I will be making a complaint so it is at least on record.

    As for as CC on a college goes my lawer said the CCW laws for school grounds don't include in car or parking lots. Also it only aplys to K-12grade. As for colleges I heard not in class rooms or dorms. But every where else is ok. <---No idea if this is true

    Now I have had my eye out for signs saying no carry. And I have seen them at the post office,rest stop(OHIO) and library. But i think that is for OC right.

    Also I am going to look into being "exempt from pistol free zones,MCL 28.425o(4)" As I think that waould make life easyer.

  20. #20
    Regular Member Tucker6900's Avatar
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    M16a2 wrote:
    They had no idea I was carrying! They fallowed my truck out off the parking lot. and fallowed me about 1mile onto public roads. Said they pulled me over for speeding. Even when no campus car has radar, And my truck has a detector/jammer.
    Not taking their side, but when they are following you, or "Pacing" as they like to call it, no radar is needed.

    It is the law that when in a car you must show ID,CCW,when pulled over and tell them if you have a gun on them.
    Correct.

    So then I did the one officer to the other I had a gun. So he comes around the front of the truck fast with his hand on his gun. And they ask me to step out of the truck cuz i was under arrest.
    What campus was this? I dontthink that any officer would tell you your under arrest until they have you in custody. And what arrest were they threatening you with?

    At this point it looks like I will be making a complaint so it is at least on record.
    Yes. Do. And if it went down the way you described, it sounds like you may have some legal options to pursue.

    As for as CC on a college goes my lawer said the CCW laws for school grounds don't include in car or parking lots. Also it only aplys to K-12grade. As for colleges I heard not in class rooms or dorms. But every where else is ok. <---No idea if this is true
    The "Stay in the car for CC" rule only applies to K-12schools. I believe a college campus parking lot is still campus property, and as a student, if the college states "No weapons" for staff and students, then its still....."NO WEAPONS"

    Now I have had my eye out for signs saying no carry. And I have seen them at the post office,rest stop(OHIO) and library. But i think that is for OC right.
    Negative. Post offices are covered under preemtion. And I dont see how a rest stop, that is public property, could enforce CC or OC, seeing as how Ohio is an OC state. What post office has a "No Firearms" sign?

    Also I am going to look into being "exempt from pistol free zones,MCL 28.425o(4)" As I think that waould make life easyer.

    If you have a Michigan CPL, you are exempt from all of Michigans Pistol free zones, but only if you are OC'ing. And then there are still some restrictions. Look em up.


    Its still unclear to me if you were actually arrested for something, but regardless, if your filing a suit,it would be wise of you to NOT discuss this any further on this boarduntil the case is resolved.

    The only terrorists I see nowadays are at the Capital.


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  21. #21
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    Tucker6900 wrote:

    Negative. Post offices are covered under preemtion. And I dont see how a rest stop, that is public property, could enforce CC or OC, seeing as how Ohio is an OC state. What post office has a "No Firearms" sign?
    Post offices fall under federal law and weapons are not allowed. There is some question about an exception for those authorized by law (Does a CPL meet this???). So post offices are a gray area and NOT covered under Michigan preemption.

    Ohio does not or didn't use to allow firearms in the public rest stops/food courts you see along the turnpikes. That may have changed recently, I can't recall.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  22. #22
    Regular Member Tucker6900's Avatar
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    Venator wrote:
    Tucker6900 wrote:

    Negative. Post offices are covered under preemtion. And I dont see how a rest stop, that is public property, could enforce CC or OC, seeing as how Ohio is an OC state. What post office has a "No Firearms" sign?
    Post offices fall under federal law and weapons are not allowed. There is some question about an exception for those authorized by law (Does a CPL meet this???). So post offices are a gray area and NOT covered under Michigan preemption.

    Ohio does not or didn't use to allow firearms in the public rest stops/food courts you see along the turnpikes. That may have changed recently, I can't recall.
    Thank you for the correction.I confused the fed and state laws.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  23. #23
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    Yeah I knew the pacing speed works to.

    He said i was under arrest for "have a firearm in a restricted area. And said that before putting cuffs on me or putting me in the car? He didn't give the ticket tell the next day when I when to pick up my property. And when i walked into the PD at the campus with my GF to get some missing property they quickly walked right up to me asking if my gun was on me. I said no. Then he said I was under arrest again and to put my hands behind my back. I asked for what and he said "do to the offense he asked the judge for a warrant and go it". So off I go to the court. the judge let me go saying no cash bond as I am going to be here in a week for the ticket. It wasn't needed.

    I guess that wanted to make some money or something.

    I will not sue as the charges that where somehow changed from gun in a restricted area to failed to tell officer of CCW. Then dropped all together.

    Again I think they changed it cuz it isn't a restricted area so that way it saves the offices ass from wrongful arrest.

    I printed and reread 28.425o and it says

    (h) A dormitory or classroom of a community college,college,or university.

    (3)As used in subsection (1),"premises" does not include parking areas of the places identified under subsection (1)

    So as I understand it I would be in the right to be in the college as long as not a classroom or dorm? But I was in my car in the parking lot.

    Sorry but I am lost. I have CCW so I can carry anywhere but 28.425o areas. And OC everywhere but areas that have a sign or are 28.425o?

    I wish the signs on buildings would just say OC=no carry here and CCW=ok to carry. Simple and easy.

    And yes it was a Ohio turn pike. It had the gun with the line threw it and said 'unless permitted by law" so I toke it ass CCW is ok OC is not ok? RIGHT. Key words permitted by law and as it isn't in the 28.425o i am good to go.

    The college is Oakland Community College.

  24. #24
    Anti-Saldana Freedom Fighter Venator's Avatar
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    M16a2 wrote:
    Yeah I knew the pacing speed works to.

    He said i was under arrest for "have a firearm in a restricted area. And said that before putting cuffs on me or putting me in the car? He didn't give the ticket tell the next day when I when to pick up my property. And when i walked into the PD at the campus with my GF to get some missing property they quickly walked right up to me asking if my gun was on me. I said no. Then he said I was under arrest again and to put my hands behind my back. I asked for what and he said "do to the offense he asked the judge for a warrant and go it". So off I go to the court. the judge let me go saying no cash bond as I am going to be here in a week for the ticket. It wasn't needed.

    I guess that wanted to make some money or something.

    I will not sue as the charges that where somehow changed from gun in a restricted area to failed to tell officer of CCW. Then dropped all together.

    Again I think they changed it cuz it isn't a restricted area so that way it saves the offices ass from wrongful arrest.

    I printed and reread 28.425o and it says

    (h) A dormitory or classroom of a community college,college,or university.

    (3)As used in subsection (1),"premises" does not include parking areas of the places identified under subsection (1)

    So as I understand it I would be in the right to be in the college as long as not a classroom or dorm? But I was in my car in the parking lot.

    Sorry but I am lost. I have CCW so I can carry anywhere but 28.425o areas. And OC everywhere but areas that have a sign or are 28.425o?

    I wish the signs on buildings would just say OC=no carry here and CCW=ok to carry. Simple and easy.

    And yes it was a Ohio turn pike. It had the gun with the line threw it and said 'unless permitted by law" so I toke it ass CCW is ok OC is not ok? RIGHT. Key words permitted by law and as it isn't in the 28.425o i am good to go.

    The college is Oakland Community College.
    College campuses are a gray area. Some say preemption applies some say it doesn't. This topic has been beaten to death and until we get an AG opinion it will remain gray. Check some of the previous treads on this topic.

    This is what the MSP say about it. This is from our info thread.

    PREEMPTION LAW in part: In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

    CAMPUS CARRY:
    The preemption law to which you're referring can be found in MCL 123.1102. That statute generally prohibits a local unit of government from regulating firearms. However, colleges and universities are not local units of government for the purposes of that statute; MCL 123.1101 defines "Local unit of government" as "a city, village, township, or county." Further, various statutesin Chapter 390 of the Michigan Compiled Laws grant state colleges and universities broad authority to enact ordinances (e.g., MCL 390.5 grants that power to the University of Michigan
    ). Therefore, it appears that a university can enact and enforce an ordinance prohibiting a CPL holder from carrying a pistol on campus beyond classrooms and dormitories (see MCL 28.425o - the pistol free zone statute for CPL holders).

    There are a number of non-statutory preemption theories used by the courts. It is possible that a court or the Attorney General may hold that state law does preempt a university ordinance. However, at this time we're not aware of an opinion holding that way.

    Finally, it's worth noting that there's a difference between an ordinance and a policy. A university policy does not carry the force of law, and likely only applies to students, faculty, and employees. If you are a university employee, you are bound by the policy (
    MCL 28.425n allows employers to prohibit employee CPL holders from carrying at work).


    Sincerely, Sgt. Thomas Deasy, Michigan State Police Executive Resource Section, 714 S. Harrison Rd.
    East Lansing, MI 48823 (517) 336-6441

    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  25. #25
    Regular Member Tucker6900's Avatar
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    Im curious as to why noone else has gotten up in arms about this unlawful arrest. Its similar to the Chris Fetters case, and its obvious that the court knew they screwed up and dropped the charges.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

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