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Thread: Detained in the city of lapeer.

  1. #1
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    Detained in the city of lapeer.Audio added

    Officer wants to seek federal gun free school zone charges
    Also wants my cpl revoked,
    And charges filed for Oc with a cpl.


    Foia requests filed

    Here is the audio:

    http://www.youtube.com/watch?v=cTwcXu_KD5w
    Last edited by lapeer20m; 07-06-2011 at 09:05 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  2. #2
    Campaign Veteran RabbiVJ's Avatar
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    i HOPE you got badge numbers...if he wants to file federal GFSZ charges on you, good luck...
    -NRA Member, GSSF Member, GeorgiaCarry Member, Glock Certified Armorer, Glock 30SF, STI Elektra, M&P9c, NAA Black Widow .22 WMR
    -“I do believe that where there is a choice only between cowardice and violence, I would advise violence.”—Mahatma Ghandhi

  3. #3
    Regular Member autosurgeon's Avatar
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    Now you will find out which way the wind blows with your prosecutor. I would not be confident this is over and I would say no more about this for the time being. DO NOT post any audio or video if you have it save that for your attorney if you need one. Once you are sure it has blown over in your favor then post away!
    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 dougwg's Avatar
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    As a side note:

    This is a very good reason to refuse ID. So that they can't come back to you at a later date.

    lapeer20m, my post is not directed at you but rather to those that can't "understand" why someone wouldn't just freely give up ID.

    Can't wait to hear the audio.

  5. #5
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by lapeer20m View Post
    Officer wants to seek federal gun free school zone charges
    Also wants my cpl revoked,
    And charges filed for Oc with a cpl.


    Foia requests filed
    Are there more details about your situation? Why were you detained?
    "When seconds count between living or dying, the police are only minutes away."

  6. #6
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by thebigsd View Post
    Are there more details about your situation? Why were you detained?
    I think now is not the time to discuss it openly. More will be revealed in due time...

  7. #7
    Regular Member Orion's Avatar
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    Quote Originally Posted by thebigsd View Post
    Are there more details about your situation? Why were you detained?
    I'm sure that there are more details, and that the OP will post them when the time is right. As other's stated though, best not to post anything until advised to do so by your attorney. Anything in the public domain can be used against you, and one wrong word, no matter how correct or justified, can turn legal sentimant against you. Best to let your lawyer do the talking for you until told otherwise. GL to you.

  8. #8
    Regular Member dougwg's Avatar
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    Quote Originally Posted by thebigsd View Post
    Are there more details about your situation? Why were you detained?
    Because he was OC'ing...DUH!

    And the cops lack of knowledge...

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    Quote Originally Posted by PDinDetroit View Post
    I think now is not the time to discuss it openly. More will be revealed in due time...
    This!
    Last edited by lapeer20m; 07-05-2011 at 12:45 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  10. #10
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by dougwg View Post
    Because he was OC'ing...DUH!
    I got that much, thanks. I was more curious about the situation that led to the detainment. As the OP has responded that he will post more details later, I will wait patiently with the rest of the crowd.
    "When seconds count between living or dying, the police are only minutes away."

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    lapeer20m:

    If You had a Valid Michigan Concealed Pistol License at The time of The Stop, then, You are Exempt from Federal Law 18U.S.C. 922(q)(2)(B)(ii).

    All of The other Charges You said that The Officer Citied, are Bogus.

    aadvark
    Last edited by aadvark; 07-05-2011 at 01:39 PM.

  12. #12
    Regular Member HKcarrier's Avatar
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    Best of luck man.... I hope this will be much ado about nothing...

  13. #13
    Regular Member dougwg's Avatar
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    Quote Originally Posted by aadvark View Post
    lapeer20m:

    If You had a Valid Michigan Concealed Pistol License at The time of The Stop, then, You are Exempt from Federal Law 18U.S.C. 922(q)(2)(B)(ii).

    All of The other Charges You said that The Officer Citied, are Bogus.

    aadvark
    He already knows all that.

  14. #14
    Campaign Veteran smellslikemichigan's Avatar
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    sorry to hear it, good luck lapeer. here to help in any way possible.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    update:

    Received the foia request today from the Police Department.

    Lapeer City Police are perhaps the most professional and respectful department i have dealt with when it comes to FOIA. Even the officer i dealt with was polite and respectful during the encounter. This is really more of an education issue. It is however difficult for me to understand how you can be a police officer in this day and age and completely clueless about open carry.

    After reading the police report, which by the way was very well written, i am much more confident that there will be no charges filed. He is requesting the prosecutor forward the information to the feds to have federal gfsz charges filed against me. I am certain that the prosecutor would not take this and run with it as he would end up with egg on his face.

    Next step will be contacting the Chief in an effort to educate the officers on the issue of open carry.

    Still waiting for foia from cental dispatch. This one will include any radio traffic, as well as any phone calls if there are any. Lapeer Central Dispatch in the past has always done same-day or next day requests for me. My guess is that the foia coordinator is on vacation. I am certian they will comply in a timely manner. I also do not think there is much useful data in their possession. My guess is that there is just a couple of radio transmissions, and my name getting run through lien.

    I am also impressed with the use of the term "CPL" in the report, rather than "ccw"
    Last edited by lapeer20m; 07-06-2011 at 05:09 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  16. #16
    Regular Member cmdr_iceman71's Avatar
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    In a situation like that, did the LEO confiscate your gun?
    "Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth." - President George Washington

    "Timid men prefer the calm of despotism to the tempestuous sea of liberty." - Thomas Jefferson

    "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself." - Thomas Paine

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    Last edited by lapeer20m; 07-06-2011 at 05:05 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  18. #18
    Founder's Club Member thebigsd's Avatar
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    Complainant was a CHP holder as well supposedly but she won't carry at "that kind of event." I call that choosing to be a victim.
    "When seconds count between living or dying, the police are only minutes away."

  19. #19
    Regular Member DocWalker's Avatar
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    Good thing bad guys never target places like schools, hospitals, and other places guns are not allowed. Something bad could happen if a criminal doesn't obey a posted no carry sign. I worked in a hospital that a gunman killed and wonded over 20 people. He wasn't allowed to have a gun in the hospital, and it was on federal property also. Two reasons he shouldn't have had a weapon but he did and killed friends, an 8 year old, a pregnant lady, and others. He didn't seem to care it was a no firearm allowed area. As for schools don't tell VT or colombine that guns are not allowed, more people are dead due to the policy of no firearms on school grounds. But as long as people think they are safe the bad guys will pick easy targets with people that can't defend themselves.

    "when seconds count, help is only minutes away"

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    Quote Originally Posted by dougwg View Post
    As a side note:

    This is a very good reason to refuse ID. So that they can't come back to you at a later date.

    lapeer20m, my post is not directed at you but rather to those that can't "understand" why someone wouldn't just freely give up ID.

    Can't wait to hear the audio.


    In this case he would have been required to show ID since he was OC in a PFZ ??
    Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
    Benjamin Franklin

    When seconds count, the Police are just minutes away !!

  21. #21
    Regular Member dougwg's Avatar
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    Quote Originally Posted by FS23 View Post
    In this case he would have been required to show ID since he was OC in a PFZ ??
    That's not black and white although some believe it is.....so...

  22. #22
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    Quote Originally Posted by dougwg View Post
    That's not black and white although some believe it is.....so...
    agreed! I voluntarily provided my cpl, i was not required to provide or even possess id or cpl at the time of the incident....

    The officer was polite and showed me respect, and i chose to do the same.
    Last edited by lapeer20m; 07-06-2011 at 08:36 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  23. #23
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    I am quite certain there will be no charges.

    Here is the audio. Some static and wind noise, as can be expected since this occurred outside.

    http://www.youtube.com/watch?v=cTwcXu_KD5w
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  24. #24
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Couple of things to point out:

    School has been adjourned for summer break. So no classes / education of children were taking place at the time of this incident right? Which is the sole purpose of the Federal ban to "ensure" that no children are hurt by guns. We all know that criminals obey the law right? Can any say Columbine High School Massacre...http://en.wikipedia.org/wiki/Columbi...chool_massacre

    Which is why "Robert" chose to carry there officer! It baffles me that this baffles officers, or anyone else?

    I assume that there were rides/tickets being sold along with refreshments etc.. being sold, so again, the venue was no longer being used for education. If this was the case.It was being used as a PUBLIC FOR PROFIT entertainment venue & not for education. We'll see how this plays out. Should charges be brought, I will gladly donate to your legal defense fund "Robert".
    Last edited by Glock9mmOldStyle; 07-07-2011 at 12:15 AM. Reason: spelling
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  25. #25
    Regular Member PDinDetroit's Avatar
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    According to 18 USC § 922 q(2)(B)(ii), you are exempt from the Federal Gun Free School Zone since you are a Michigan CPL Holder.

    (2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) shall does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

    You might consider talking to the Police Chief and the Prosecutor about it to "nip it in the bud". I would hate to see someone the victim of a "Federal Fishing Trip"...

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