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Time Herald (MI) - Marysville police admit they need re-training on open carry rights

Mike

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Audi recording ofpolice misconduct: http://www.thetimesherald.com/assets/mp3/BP159373610.MP3

http://www.thetimesherald.com/article/20100611/NEWS01/6110310/Gun-advocates-claim-police-violated-rights

SNIP

To Rob Harris, his Smith and Wesson Sigma 9mm handgun might as well be a pair of Nikes.

The 36-year-old Eastpointe resident said strapping a holster and handgun to his waist is simply a part of his routine.

"I open-carry everywhere I go," he said. "It is like putting on a pair of shoes to me. We have the right to protect ourselves. ... I feel it is a deterrent to crime."

But Harris' habit of carrying a firearm led to a confrontation last week with Marysville police officers, who stopped him and his friend, Scott Webb, as they walked near a city park during Marysville Days. Webb carries a Smith and Wesson M&P .40-caliber handgun.


Harris and Webb, 31 and a former Marysville resident, said they were mistreated by Assistant Chief Ron Buckmaster and are demanding disciplinary action and a written apology.
A recording of the confrontation between Buckmaster and the two men reveals a heated conversation in which the officer forced the two men to leave the park for openly carrying holstered firearms.

Joy Yearout, spokeswoman for the Michigan attorney general's office, said anyone who is not a felon can openly carry a holstered handgun. If it is concealed, the person must have a concealed-weapons permit -- something both Harris and Webb have.

. . .

Harris and Webb, 31, of Roseville, said they were in the area to visit a local shooting range. Harris said they got some dinner afterward, and then Webb wanted to show him the city park.

They went to the park, saw a carnival was in progres for Marysville Days and walked around the property.

As they were walking away from the park -- along River Street, which was closed to traffic for the event -- they walked behind two uniformed police officers and a person in civilian clothing who turned out to be Buckmaster.

Harris said Buckmaster turned to them, noticed they were carrying guns and told them they had to leave.

. . .

Maryville Chief Tim Buelow said the situation started out as a question of whether the park was private or public, because a carnival was under way.

But an audio recording -- made by the two men during the confrontation -- does not indicate any argument on that subject. It captured only Buckmaster's contention that the location was city property.

Buelow said he confirmed the next day the land was still considered public, meaning that Webb and Harris were allowed to carry their weapons.


Buelow said he received a copy of the recording and he has "dealt with that issue."
He wouldn't comment on whether Buckmaster acted appropriately or whether he has been disciplined.

"I'm not going to second-guess my officers on the street," he said. "Audio and video can sometimes not tell the whole story."

Buelow said no complaints were made about Harris and Webb before the confrontation.

Buelow said he sent a memo to the department detailing how open-carry issues should be handled, but would not provide a copy of the instructions or say what they were.

He also said officers will be trained further on the open-carry law during upcoming training regarding firearms.

"The average public doesn't realize -- and many officers don't realize -- that open-carry is legal in Michigan," he said. "It is a training issue, and we are working on that."
 

eye95

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It rarely tells the whole story. However, it always tells more (and more precisely) than the official police reports do.
 

scot623

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malignity wrote:
Would be nice if we could see that memo.. seems some of the said memos that have gone out as of late are a load of crap.

The reporter filed a FOIA for the internal memo. When/if he gets it, he will let me know.
 

smellslikemichigan

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malignity wrote:
Would be nice if we could see that memo.. seems some of the said memos that have gone out as of late are a load of crap.
kinda like the "memo" and "training" after my illegal search and seizure in the marysville meijer a year ago. that chief is FULL of lip-service and politics.
 

scot623

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"Marysville Chief Tim Buelow said the situation started out as a question of whether the park was private or public, because a carnival was under way.

But an audio recording -- made by the two men during the confrontation -- does not indicate any argument on that subject. It captured only Buckmaster's contention that the location was city property."

I love that the reporter essentially calls the Cheif a liar. Absolutely great reporting.
 
B

Bikenut

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mark edward marchiafava wrote:
"Ignorance of the law is no defense."
Just an observation after almost 62 years of life paying attention to how people behave.........

For entirely too many people, LE and citizen alike, it doesn't matter what is legal... all that matters is their personal opinion regardless of how ignorant of the facts (or law) that opinion may be.

And woe be to the person who presents facts to counter personal opinion.... because it is an insult of the highest order to prove a cherished illusion of self importance to be false.
 
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