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Oakland Co. gun board doesnt know the law.

stainless1911

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
imported post

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.
 
stainless1911

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
imported post

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.
 
TheSzerdi

TheSzerdi

Regular Member
Joined
Sep 29, 2008
Messages
287
Location
Melvindale, Michigan, USA
imported post

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.
 
M

mikestilly

Regular Member
Joined
Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
imported post

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.
Click to expand...

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.
 
stainless1911

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
imported post

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.
 
S

sevenplusone

Regular Member
Joined
Apr 11, 2009
Messages
397
Location
Kent Co, Michigan, USA
imported post

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.
Click to expand...
How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
 
SpringerXDacp

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

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.
Click to expand...
How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
Click to expand...
Public Records that are open and exempt from disclosure:

http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html
 
Evil Creamsicle

Evil Creamsicle

Regular Member
Joined
Sep 11, 2009
Messages
1,264
Location
Police State, USA
imported post

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.
Click to expand...
...willing to bet I know exactly who you're talking about here ;)
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

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.
Click to expand...
How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
Click to expand...
Public Records that are open and exempt from disclosure:

http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html
Click to expand...
If he represent himself he can request it under discovery. He is allowed to see the evidence against him.
 
SpringerXDacp

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

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.
Click to expand...
How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
Click to expand...
Public Records that are open and exempt from disclosure:

http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html
Click to expand...
If he represent himself he can request it under discovery. He is allowed to see the evidence against him.
Click to expand...


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_updates/Vol_III_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. [suP](**)[/suP]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.
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

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.
Click to expand...
How can they deny a FOIA request...isn't that a direct contradiction in terms "Freedom of information act."
Click to expand...
Public Records that are open and exempt from disclosure:

http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html
Click to expand...
If he represent himself he can request it under discovery. He is allowed to see the evidence against him.
Click to expand...


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_updates/Vol_III_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. [suP](**)[/suP]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.
Click to expand...

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.
 
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