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Thread: Letter to Editor

  1. #1
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    Dear Editor:
    Memorial Day I went to New Era to watch the parade to show respect for all the military (of which I am a part) personnel that have served our country. When I went to the parade I was exercising my right to legally, openly carry a firearm (as state law allows). I was not doing anything threatening or dangerous. I was simply sitting on a bench waiting for the parade to start with my firearm in a holster on my hip. After about 15 minutes I was approached by two Oceana County police officers. They said some people were concerned that I was carrying a firearm. I informed them that state law allows open carry. They asked me if I would remove the firearm and put it in my vehicle. I said that because I have the right to carry that I would like to keep it with me.
    They then called a New Era police officer. He approached me acting in a very unprofessional manner. He was yelling and pointing his finger in my face. When I asked what crime I committed I was given no response. He told me that he could arrest me right then, and I responded that if he arrested me it would be an illegal arrest and I could press charges. He backed off a little bit with his yelling. I informed him that state law allows open carry of firearms, and he told me that he will not allow me to watch the parade when I am carrying a firearm. He then grabbed me by my arm and opened the front passenger door of the police car and forced me into the seat. He also removed my firearm from my hip. Still not giving me an answer when asked what crime I have committed. I was detained in the police car for the duration of the parade. After the parade they took me to my vehicle, then they ran my ID and the number of the firearm. After 10 or 15 minutes of talking to me I was released because no crime was committed. The whole situation was handled very unprofessionally as my rights were violated when no crime was committed. I want to make people aware of our right as the 2nd Amendment states “To keep and bear arms” and as our state allows to openly carry a firearm without a permit.
    DAVID THOMAS
    3717 S. 124th Ave., Shelby
    http://www.oceanaheraldjournal.com/n...0?newsgroup_id=

  2. #2
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    Is david going to let you send that to the media?

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    Regular Member autosurgeon's Avatar
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    You know there is hope for this generation!!! This young man makes me proud to be an American!
    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."

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    Regular Member PDinDetroit's Avatar
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    autosurgeon wrote:
    You know there is hope for this generation!!! This young man makes me proud to be an American!
    WORD!
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  5. #5
    Anti-Saldana Freedom Fighter Venator's Avatar
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    IS MOC responding to this with a complaint to the NEW ERA police department? Sounds like he was deprived his freedomto move about as well as several other rights violations under color of law.

    We can't let this stand. Or every department will be doing things like this. We need to stomp on this bug now.
    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.

  6. #6
    Regular Member autosurgeon's Avatar
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    To start with we have redirected our OC motorcycle ride to New Era on Saturday.

    As for a complaint Jan Jay and Cabman are communicating via Phone and email with the gentleman and we did discuss complaints being filed last night.
    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."

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    We are also foia'ing the whole deal and planing on meeting with the chief & procuter about this stop!!

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    I'm honestly beginning to believe that the only way behavior like this (on the part of LEOs) is going to stop is if some of them are prosecuted (not just administratively punished).

    I hate to say this but if a few LEOs are charged with assault and unlawful detention over incidents like this, and are forced to hire lawyers and defend themselves, others will think twice about ignoring the law.

    Time for prosecutors to step up.

    taxwhat wrote:
    Dear Editor:
    Memorial Day I went to New Era to watch the parade to show respect for all the military (of which I am a part) personnel that have served our country. When I went to the parade I was exercising my right to legally, openly carry a firearm (as state law allows). I was not doing anything threatening or dangerous. I was simply sitting on a bench waiting for the parade to start with my firearm in a holster on my hip. After about 15 minutes I was approached by two Oceana County police officers. They said some people were concerned that I was carrying a firearm. I informed them that state law allows open carry. They asked me if I would remove the firearm and put it in my vehicle. I said that because I have the right to carry that I would like to keep it with me.
    They then called a New Era police officer. He approached me acting in a very unprofessional manner. He was yelling and pointing his finger in my face. When I asked what crime I committed I was given no response. He told me that he could arrest me right then, and I responded that if he arrested me it would be an illegal arrest and I could press charges. He backed off a little bit with his yelling. I informed him that state law allows open carry of firearms, and he told me that he will not allow me to watch the parade when I am carrying a firearm. He then grabbed me by my arm and opened the front passenger door of the police car and forced me into the seat. He also removed my firearm from my hip. Still not giving me an answer when asked what crime I have committed. I was detained in the police car for the duration of the parade. After the parade they took me to my vehicle, then they ran my ID and the number of the firearm. After 10 or 15 minutes of talking to me I was released because no crime was committed. The whole situation was handled very unprofessionally as my rights were violated when no crime was committed. I want to make people aware of our right as the 2nd Amendment states “To keep and bear arms” and as our state allows to openly carry a firearm without a permit.
    DAVID THOMAS
    3717 S. 124th Ave., Shelby
    http://www.oceanaheraldjournal.com/n...0?newsgroup_id=

  9. #9
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    CrimDoc wrote:
    I'm honestly beginning to believe that the only way behavior like this (on the part of LEOs) is going to stop is if some of them are prosecuted (not just administratively punished).

    I hate to say this but if a few LEOs are charged with assault and unlawful detention over incidents like this, and are forced to hire lawyers and defend themselves, others will think twice about ignoring the law.

    Time for prosecutors to step up.
    That won't happen with prosecutors like this one. Taken from the article in question.

    "Mast said, adding Assistant Prosecutor Joe Bizon was satisfied with the way the situation was handled. Mast also said police always have to error on the side of caution, and they need to check to make sure people openly carrying firearms are not convicted felons or intoxicated."


    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.

  10. #10
    Regular Member dougwg's Avatar
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    Who-Dat from MGO said he's going to send an info packet to New Era.

  11. #11
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    dougwg wrote:
    Who-Dat from MGO said he's going to send an info packet to New Era.
    MOC is working on this as well.
    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.

  12. #12
    Regular Member Bronson's Avatar
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    Is Mr. Thomas planning on legal action? We've had lawyers on here that've told us they will not take cases if there arethings posted about it on the internet. Perhaps if legal action is pending much of what it being posted should be edited away.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  13. #13
    Regular Member Bikenut's Avatar
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    Bronson wrote:
    Is Mr. Thomas planning on legal action? We've had lawyers on here that've told us they will not take cases if there arethings posted about it on the internet. Perhaps if legal action is pending much of what it being posted should be edited away.

    Bronson
    Since these forums are being watched by several .gov agencies editing posts probably won't help much since anything, shall we say.. interesting to that .gov agency, would have been copied and saved.

    Am I paranoid? I think not since it has become common practice to dig up anything and everything (did you ever fart in an elevator?) that can be used against you.
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

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    taxwhat wrote:
    Dear Editor:
    Memorial Day I went to New Era to watch the parade to show respect for all the military (of which I am a part) personnel that have served our country. When I went to the parade I was exercising my right to legally, openly carry a firearm (as state law allows). I was not doing anything threatening or dangerous. I was simply sitting on a bench waiting for the parade to start with my firearm in a holster on my hip. After about 15 minutes I was approached by two Oceana County police officers. They said some people were concerned that I was carrying a firearm. I informed them that state law allows open carry. They asked me if I would remove the firearm and put it in my vehicle. I said that because I have the right to carry that I would like to keep it with me.
    They then called a New Era police officer. He approached me acting in a very unprofessional manner. He was yelling and pointing his finger in my face. When I asked what crime I committed I was given no response. He told me that he could arrest me right then, and I responded that if he arrested me it would be an illegal arrest and I could press charges. He backed off a little bit with his yelling. I informed him that state law allows open carry of firearms, and he told me that he will not allow me to watch the parade when I am carrying a firearm. He then grabbed me by my arm and opened the front passenger door of the police car and forced me into the seat. He also removed my firearm from my hip. Still not giving me an answer when asked what crime I have committed. I was detained in the police car for the duration of the parade. After the parade they took me to my vehicle, then they ran my ID and the number of the firearm. After 10 or 15 minutes of talking to me I was released because no crime was committed. The whole situation was handled very unprofessionally as my rights were violated when no crime was committed. I want to make people aware of our right as the 2nd Amendment states “To keep and bear arms” and as our state allows to openly carry a firearm without a permit.
    DAVID THOMAS
    3717 S. 124th Ave., Shelby
    http://www.oceanaheraldjournal.com/n...0?newsgroup_id=
    FOIAct recieved . Sheriff Office .911 call center .Village of New Era . Prosecutor. The Five day clock has started Today. God Bless the USA=Please support the Troops.

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    Venator wrote:
    IS MOC responding to this with a complaint to the NEW ERA police department? Sounds like he was deprived his freedomto move about as well as several other rights violations under color of law.

    We can't let this stand. Or every department will be doing things like this. We need to stomp on this bug now.
    Personally, I think MOC should FOIA the details of the wrongful arrest, then contact the FBI on his behalf.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Michigander wrote:
    Venator wrote:
    IS MOC responding to this with a complaint to the NEW ERA police department? Sounds like he was deprived his freedomto move about as well as several other rights violations under color of law.

    We can't let this stand. Or every department will be doing things like this. We need to stomp on this bug now.
    Personally, I think MOC should FOIA the details of the wrongful arrest, then contact the FBI on his behalf.
    MOC inc has done FOIACT ! The rest is in the Pudding ?

  17. #17
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    this time know tap only once

  18. #18
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    Update : As of today June 10 2010 contact with County of Oceana [ FOIA coordinator] and Dan Richard Village of New Era [ president].Clock now four days for reply .God Bless the USA=Please support the Troops.

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  20. #20
    Campaign Veteran smellslikemichigan's Avatar
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    these receipts are for the foia?
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  21. #21
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    June 4th, 2010

    FOIA COORDINATOR
    State of Michigan: Hart Post 66
    3793 West Polk Road
    Hart, MI 49420-8132

    RE: FOIA Request

    Dear FOIA Coordinator:

    On May 31st, 2010 at approximately between 0850 and 0920, Oceana County Sheriff Reserve Officers engaged in the detention and investigation of a man, 18-year-old David Thomas from Shelby, with a pistol on the sidewalk at the New Era Memorial Day Parade. As a result of the officer’s investigation, officers detained Mr. Thomas in a squad car.

    Pursuant to the Michigan Freedom of Information Act, MCL §15.231, I am requesting copies of documents relating to the aforementioned incident including:

    Everything below must contain the requested content with 1 hour before the incident and 6 hours after.

    Any and all recordings of radio communications related in any way to the dispatch, response, or request for assistance by the officers involved with the incident;

    Any and all raw video recordings of the incident, including patrol car video, without special software;

    Any and all documents that identify the officers dispatched to the scene as a result of the incident, including the police report; roll call rosters; vehicle logs; and, raw audio recordings;

    Any and all emails, memos, letters and/or other correspondence between employees of the Oceana County Sheriff’s Office and any other person regarding for the one hour before and six hours after the incident;

    Any and all departmental policy regarding standing orders about making public statements, and/or reservists making contact with citizens under the color of law;

    I will not accept 10 day delay because this is not a voluminous request that will require extra personnel.

    Should the cost for researching, compiling and copying the requested information exceed $30.00, please inform me of the anticipated cost, and provide me with a time and place for a physical inspection of the requested information before researching, compiling or copying the requested information.

    Please respond to this request by replying to the following address:

    Michael Stillwater

    mikestilly@firearmowners.com

    I appreciate your anticipated cooperation with this request. If you have any questions, please do not hesitate to call me at the number above.



    Sincerely,

    Michael Stillwater

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  23. #23
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    At least they are responding@!!!

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    It's hard to imagine there's no police report.

    In any event, the chief's comments in the paper are now public record.

  25. #25
    Regular Member autosurgeon's Avatar
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    CoonDog wrote:
    It's hard to imagine there's no police report.

    In any event, the chief's comments in the paper are now public record.
    It is unlikely that the prosecutors office would have it since there was no arrest.
    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."

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