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Thread: Oakland Co. gun board doesnt know the law.

  1. #1
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    I had to go in front of the board to discuss my guilt before innocence suspension.

    When I explained that my suspension was in error because I was OC with a CPL in a PFZ, (church playground) they gave me a deer in headlights look, and replied, "you are responsible to follow the laws concerning your CPL.

    When I told them I was in compliance with the law, the response was the same. We went through this 2 or three times. To my disgust, and amusement.

    When I suggested that my case would be tossed, the response was "well, good luck with that".

    I thought to myself that this guy is acting like some cop, i was amused to laterfigure out that he WAS a cop! He diddnt have to make it so obvious!!!

    There was only one person on the board who seemed to know what the law was! He sort of grinned as I went back and forth with the offending board members.

    I know him, he's a great guy.

  2. #2
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    So what happened?

  3. #3
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    My constitutional rights and personal safety, have been suspended for 6 months (beginning at deposition) or until I can provide proof of case dismissal.

    I have been suspended since Dec. 9. My pretrial is on Monday at 52-2@ 9am.

    so the maximum suspension of 6 months will, if convicted, be closer to 8 months.

    All this because someone called 911 who was unaware of their own religious doctrine, state law, and constitution. This person was at least 150 feet away, hiding in a car, stricken with fear. The only witness.

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    Did you get a lawyer for this, or are you fighting it on your own with your knowledge of the laws?

  5. #5
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    Some kind soul from our site referred me to an attorney who volunteered to take the case.

    Thank God. I had no way to pay the fees or fines. My thanks to those individuals.





  6. #6
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    Nice. Good luck next week!

  7. #7
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    good luck and best wishes. bring a MOC brochure with you. letters in a nice pamphlet never lie.

    Devery

  8. #8
    Regular Member autosurgeon's Avatar
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    Best wishes that this works out for you!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  9. #9
    Regular Member TheSzerdi's Avatar
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    I wish you the best of luck. When I was stopped and cited in Detroit in MAY they confiscated my gun and CPL. I didn't get either back until after the case was dismissed in OCTOBER.

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    stainless1911 wrote:
    My constitutional rights and personal safety, have been suspended for 6 months (beginning at deposition) or until I can provide proof of case dismissal.

    I have been suspended since Dec. 9. My pretrial is on Monday at 52-2@ 9am.

    so the maximum suspension of 6 months will, if convicted, be closer to 8 months.

    All this because someone called 911 who was unaware of their own religious doctrine, state law, and constitution. This person was at least 150 feet away, hiding in a car, stricken with fear. The only witness.
    Stainless can you please let is know at what courthouse it's at, the date and times of your pre-trial and trial because I'm not sure what 52-2 means. And your case # so we can make sure it's the right time and place. You may not have the trial date because the judge sets it up at the pretrial.

    Maybe we can get some people to the courtroom. I'd like to try and get someone to video tape this violation of his rights. It's make for a great article and a good Youtube video.

  11. #11
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    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.

  12. #12
    Regular Member lil_freak_66's Avatar
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    good luck at the pre trial
    not a lawyer, dont take anything i say as legal advice.


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    stainless1911 wrote:
    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.
    How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."

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    sevenplusone wrote:
    stainless1911 wrote:
    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.
    How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
    Public Records that are open and exempt from disclosure:

    http://www.michigan.gov/ag/0,1607,7-...1242--,00.html



  15. #15
    Regular Member Evil Creamsicle's Avatar
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    stainless1911 wrote:
    There was only one person on the board who seemed to know what the law was! He sort of grinned as I went back and forth with the offending board members.

    I know him, he's a great guy.
    ...willing to bet I know exactly who you're talking about here

  16. #16
    Anti-Saldana Freedom Fighter Venator's Avatar
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    SpringerXDacp wrote:
    sevenplusone wrote:
    stainless1911 wrote:
    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.
    How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
    Public Records that are open and exempt from disclosure:

    http://www.michigan.gov/ag/0,1607,7-...1242--,00.html

    If he represent himself he can request it under discovery. He is allowed to see the evidence against him.
    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.

  17. #17
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    Venator wrote:
    SpringerXDacp wrote:
    sevenplusone wrote:
    stainless1911 wrote:
    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.
    How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
    Public Records that are open and exempt from disclosure:

    http://www.michigan.gov/ag/0,1607,7-...1242--,00.html

    If he represent himself he can request it under discovery. He is allowed to see the evidence against him.

    Apparently, even under discovery, a determination is still in place as far as what information/requests will be released per the Privacy Act.

    http://www.justice.gov/oip/foia_upda...II_2/page3.htm

    In part:

    In sum, agencies in receipt of discovery requests will often be forced by the Privacy Act to assess the requested information according to FOIA standards to determine whether it is privileged, and they should be prepared to support their privilege claims as they would FOIA claims (e.g., with Vaughn affidavits or in camera submissions) if they want them to be sustained. (**)Only with careful attention to the applicability of the Privacy Act in discovery situations--and to the special interplay between the Privacy Act and the FOIA through Privacy Act subsection (b)(2)--can agencies ensure that they are properly responding to discovery requests.


  18. #18
    Anti-Saldana Freedom Fighter Venator's Avatar
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    SpringerXDacp wrote:
    Venator wrote:
    SpringerXDacp wrote:
    sevenplusone wrote:
    stainless1911 wrote:
    I dont have the trial date yet. The pretrial is today,( mon 1 25 @ 9am. ) 52 -2 is the Clarkston courthouse. I tried to get the audio/video from the sherriffs department with a foia, but they denied it.

    I would love to see this on youtube. And I love what you are doing, keep up the good work.
    How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
    Public Records that are open and exempt from disclosure:

    http://www.michigan.gov/ag/0,1607,7-...1242--,00.html

    If he represent himself he can request it under discovery. He is allowed to see the evidence against him.

    Apparently, even under discovery, a determination is still in place as far as what information/requests will be released per the Privacy Act.

    http://www.justice.gov/oip/foia_upda...II_2/page3.htm

    In part:

    In sum, agencies in receipt of discovery requests will often be forced by the Privacy Act to assess the requested information according to FOIA standards to determine whether it is privileged, and they should be prepared to support their privilege claims as they would FOIA claims (e.g., with Vaughn affidavits or in camera submissions) if they want them to be sustained. (**)Only with careful attention to the applicability of the Privacy Act in discovery situations--and to the special interplay between the Privacy Act and the FOIA through Privacy Act subsection (b)(2)--can agencies ensure that they are properly responding to discovery requests.
    True, but that would involve things like officers home addresses, proprietary info, safety plans, etc. Simply getting a dash video and transcripts of any radio traffic, etc. should be available to a defendant if it's going to be used against him.

    The general public (outside entity) can not generally get this information until the case is completed.
    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.

  19. #19
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    ...
    Freedom isn't free, but this is America! We will find a way to outsource it and save some money - Jeremy

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    jeremy05 wrote:
    ...

  21. #21
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    My wife got her CPL in 4 weeks, 1 day. I had a few DUIs over 8 years ago so I think that is why mine is taking so long. Its been 6 weeks and we both submitted them the same time. We are in Oakland County. She got hers in the mail and never had to go in front of the gun board. I'm not sure what they have in store for me. If they deny me I will hire an lawyer since I qualify and they can't refuse me.

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