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POLICE: Troy man arrested after carrying loaded rifle in downtown Birmingham

HKcarrier

Regular Member
Joined
Mar 9, 2011
Messages
816
Location
michigan
Kinda scary to think that you can be ion the right side of the law, yet they can still make something stick to you if they want...
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
Kinda scary to think that you can be ion the right side of the law, yet they can still make something stick to you if they want...

100% Agree. It's a money game for them. They have unlimited tax $$$ at their disposal to PI$$ away. They will drag someone to the Supreme Court of the United States if need be to accomplish their goals which are:

1. Maintain control of the serfs regardless of the law, as it does not apply to them, the ruling class.

2. Make examples of all who question their authority.

3. Punish those who offend them via denials of Freedoms, Money, Personal property and if need be, their lives.

This ain't the vision our forefathers had for our country. As a matter of fact in my opinion - this is the exact same crap (to a lesser degree at this point) that set them on the path to writing the declaration of independence. :eek:
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
i guess we need to stage a late night protest in birmingham to see how they respond. Keep this one to PM only... call media at the last minute?

Sent from my DROID RAZR MAXX using Tapatalk 2
 

HKcarrier

Regular Member
Joined
Mar 9, 2011
Messages
816
Location
michigan
When it's me, I'm guilty, when it's someone else, like Sean, he is getting railroaded. And no, you're not the only one that does this.

Really? From me? As far as your car thing? Felony? NOt a chance. I think you got pooched, but you made your own bed by plea bargaining. I understand your reasoning however. Other stuff, well I've said, and I still think you are your own worst enemy.

That said, I certainly don't hate you or hold any disdain for you. I've always said I thought you had a good heart and your intentions were in the right place. I do think you've shot yourself in the foot more than once though.. I most certainly don't think you're an evil person.

Your most recent incident? I think you should have practiced what you preached, but as you said, your previous incidents have put you in a position where you can't really play hardball. So it is what it is.

As far as Sean... I don't see him as some sort of angel or anything however, I do think he's getting a raw deal.

One thing I can say about you is I think you've been pretty honest about things (maybe to a fault) and you've certainly taken your share of guff... takin lickins and kept on tickin.... not getting all pissy or angry at people. You have your good points and your bad points.
 

Small_Arms_Collector

Regular Member
Joined
Oct 25, 2011
Messages
436
Location
Eastpointe Michigan
i guess we need to stage a late night protest in birmingham to see how they respond. Keep this one to PM only... call media at the last minute?

Sent from my DROID RAZR MAXX using Tapatalk 2

I wouldn't be opposed to showing up at one of thier events, however bear in mind PM only will limit the numbers of people to show up, and the media do need SOME time to show up, calling them at 10:59 would not make the 11:00 O'Clock news, 9:00 would though, they also need something to film, trying to get random people in a crowd is not news, a group of people, and someone to interview is. I'm trying to gauge interest for something in the other thread, if anyone is interested in doing something were trying to find the dates of some public events that we could show up at. The city has got to be stopped.
 

dougwg

Regular Member
Joined
Nov 29, 2007
Messages
2,443
Location
MOC Charter Member Westland, Michigan, USA
The city council said it's in the court system now so it's out of their hands.

I say BS.

It's in the city prosecutors hands and his boss IS THE CITY COUNCIL.

Pressure the city council to get the prosecutor to DROP THE CHARGES!
 

Lord Sega

Regular Member
Joined
Jul 10, 2010
Messages
311
Location
Warrenton, Oregon
Here's my analysis...

... IMHO, I'm not a lawyer, nor do I play on on TV.

Brandishing, disorderly conduct, and obstructing an officer.

Brandishing: weapon was slung, this is not brandishing.
Disorderly conduct: OC in and by itself is not disorderly.
Obstructing: presenting ID is not required, especially without RAS.

If he was stopped just for OC, he would have a slam dunk.
However the LEO(s) will state that it was not just OC, but the fact that he looked underage to carry a weapon.

It is illegal for a minor to possess or carry a rifle or handgun (exceptions, hunting or at the range, etc)
His appearance of looking underage is an element of the crime, thus giving the LEO(s) RAS to stop.
The Terry stop is to investigate if he is "of age" to carry, therefore he should have presented ID just for age verification (but he still is not required to show ID).

So...

Brandishing: weapon was slung, this is not brandishing.
Disorderly conduct: OC in and by itself is not disorderly.

Obstructing: LEO(s) had RAS for his age, but he still does not have to present ID, but then he can be arrested, taken downtown & processed until his age is confirmed legal to carry. Once his age is verified through other means and found to be 18+, then he should have had the underage carrying arrest dropped & be released with his property.

I feel that ALL the charges should be dropped, but I am worried that depending on the judge, prosecutor, and how well his defense lawyer does on the not required to ID presidents (with the fact he didn't just shut up under "taking the 5th" and wanted to debate), he might still loose the Obstructing an Officer charge.

I wish him luck
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
I spoke to someone who knows a fair bit about the legal system. He said only the County DA prosecutes crimes in Michigan. City Attorneys only prosecute city ordinances that are civil infractions. Any ordinance violations that are misdemeanors go to the DA.

This isn't to say the city Council couldn't pressure the DA office.

Do we know for a fact who is prosecuting it?
 
Last edited:

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
... IMHO, I'm not a lawyer, nor do I play on on TV.

Brandishing, disorderly conduct, and obstructing an officer.

Brandishing: weapon was slung, this is not brandishing.
Disorderly conduct: OC in and by itself is not disorderly.
Obstructing: presenting ID is not required, especially without RAS.

If he was stopped just for OC, he would have a slam dunk.
However the LEO(s) will state that it was not just OC, but the fact that he looked underage to carry a weapon.

It is illegal for a minor to possess or carry a rifle or handgun (exceptions, hunting or at the range, etc)
His appearance of looking underage is an element of the crime, thus giving the LEO(s) RAS to stop.
The Terry stop is to investigate if he is "of age" to carry, therefore he should have presented ID just for age verification (but he still is not required to show ID).

So...

Brandishing: weapon was slung, this is not brandishing.
Disorderly conduct: OC in and by itself is not disorderly.

Obstructing: LEO(s) had RAS for his age, but he still does not have to present ID, but then he can be arrested, taken downtown & processed until his age is confirmed legal to carry. Once his age is verified through other means and found to be 18+, then he should have had the underage carrying arrest dropped & be released with his property.

I feel that ALL the charges should be dropped, but I am worried that depending on the judge, prosecutor, and how well his defense lawyer does on the not required to ID presidents (with the fact he didn't just shut up under "taking the 5th" and wanted to debate), he might still loose the Obstructing an Officer charge.

I wish him luck

Jim, his lawyer, is very familiar with firearm laws in Michigan and is familiar with various precedents saying you don't have to show ID.

He's in good hands.
 
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