Unlawfully Detained while Voting and Banned from all GRPS Schools

[TheQ]

Update:
I could see this lighting a fire to get PFZs removed... because of people FLIPPING OUT over the sight of someone's pistol....

You are not the first to have that thought.

 

[stainless1911]

Like I have said before, if the schools were doing their jobs, none of this would be an issue.

Q, has he contacted MOC yet? I was hoping someone could set up a meeting with him and his staff, this is an opportunity that shouldn't be missed.

 

[Haman J.T.]

I also voted,OCing at Cruthers Elementary school,but was not contacted by anyone ignorant of the laws and constitution of this state.I hope he's able to contitnue educating the citizens on Our Rights!God Bless MI! CARRY ON!
P.S. If he needs help I'M IN!

 

[Bronson]

I could see this lighting a fire to get PFZs removed... because of people FLIPPING OUT over the sight of someone's pistol....

There will also be a strong movement to make legal what the police rep. erroneously stated (paraphrasing): "it is illegal to have a gun in a school for any reason."

The antis will push for closing the "loopholes" in the law that allow for an OCed pistol to be carried by a CPL holder on school grounds....we have to push harder for PFZ repeal.

Bronson

 

[stainless1911]

I bet that the antis will find success before we do.

Then, sooner or later, there will be another shooting at a school, and I will say, "I told you so".

 

[Yance]

they would welcome the opportunity with open arms.

Am I the only one that caught this little gem...

Open Arms...Michigan Open Carry...get it...



I did notice that the article about the incident had be updated to include that fact that he had broken no laws. It was nice to see they fixed their errors and republished the article instead of going with their original story, too bad they jumped the gun to get the story out there.

 

[HKcarrier]

Another update... insert foot in mouth... MSP corrected the local yocals...


http://www.wzzm13.com/news/article/...-guns-in-schools?odyssey=tab|topnews|bc|large

 

[stainless1911]

Wow, they got it right for a change.

 

[PDinDetroit]

If someone does Facebook, please go comment over there!

 

[stainless1911]

Whose facebook, MOCs page?

 

[Bronson]

Much respect for Sgt. Maikee. I have no idea of her personal feelings on the subject, which is as it should be. She does her job and interprets the law for the MSP based on what the law states and not on what she, personally, may want it to state.

Thank you Sgt. Maikee for your professionalism.

Bronson

 

[TheSzerdi]

Plastered on my Facebook and MOC's Facebook.

 

[Outdoorsman]

Another update... insert foot in mouth... MSP corrected the local yocals...


http://www.wzzm13.com/news/article/...-guns-in-schools?odyssey=tab|topnews|bc|large

It's great to see that someone of "authority" came into the light to correct the misinformation provided in the article. Maybe people will start to "get it" now that the MSP says it's legal (or not illegal). Thank you MSP!

 

[MKEgal]

The man was voting (Exercising his Constitutional rights) within the law and was Open Carrying (exercising his constitutional rights) within the law.

Apparently, some people think it's only acceptable to exercise one right at a time.
I ran into some of those a couple years ago.

 

[xmanhockey7]

Apparently, some people think it's only acceptable to exercise one right at a time.
I ran into some of those a couple years ago.

So many people believe that it amazes me! Like notification laws. Why should you be required to possibly admit to a crime?

 

[PDinDetroit]

Update Story (includes Press Release from GRPD/Prosecutor)

http://www.mlive.com/news/grand-rapids/index.ssf/2012/03/nicholas_looman_not_surprised.html

 

[PDinDetroit]

Please Save This Post!

The following is supposedly from a GRPD Officer of 31 Years over at MLIVE...

Okay, let's sue the police and school system. How stupid of the police to not see the permit in his wallet. Any good cop should know that someone in a school building with a gun has a permit! Let's all jump on the second amendment and scream loud enough so everyone can hear that Looman had the right to walk through a school without being asked about the gun, or if he was legally carrying it. Now for you parents who had kids in the school at the time, I would suggest you begin a class action suit against the city for allowing the police to detain the gun toting jerk. It sure would show the police and those in the school that they should turn a blind eye to a person walking around with a gun in a school. Forget the history of school shootings, the police were WAY out of line in checking the permit to carry the gun! Who do the police think they are? It's about time that we risk the safety of the kids so that someone who has a permit in his wallet and a gun on his hip doesn't become offended when he is asked what's up with the gun!

After working for 31 years at the GRPD I can say first hand that a person reported in a school with a gun is going to get a police response. That's part of the job of protecting the citizens in GR. If one person is detained while the facts are clarified, so what? It happens in every city in the U.S. every day of the week. Guess what? It is also legal for the police to detain a person who may be violating a law! What would the Looman supporters say if the police simply told the school to forget the guy with the gun because he probably had a permit? Permit holders should be aware that the reason for carrying the permit is so the police can determine if the gun is being carried legally.

Here was my response:

First of all, thank you for your service to your community.

A Police Response is OK and most people who Open Carry understand that the Police are there to do their job. What we do expect, however, is that the Police KNOW the LAWS and RESPECT PEOPLE'S RIGHTS. From your post, it appears that you are OK with detaining people violating their Civil Rights ("If one person is detained while the facts are clarified, so what?"). Now that we know where you stand, please take measure of this post.

Your Police Department was sent a copy Michigan State Police Legal Update #86 back in October 2010 when it was first published. It is there in BLACK AND WHITE and it is either negligence or dereliction of duty, take your pick, as to why your department did not train on it. The mere fact the the Prosecutor took this long to make a decision not to prosecute means he TRIED and FAILED to find SOMETHING TO CHARGE. Since your prosecutor could not find anything to charge, how about I find the LAWS THAT WERE VIOLATED?

Since this was a Voting Situation, different laws apply. The first of which is MCL 600.1825.

MCL 600.1825 Arrest; privileged persons.

Sec. 1825.

(1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.

In Michigan, Possession of a Firearm on School Grounds is a Misdemeanor (MCL 750.237a) or a Civil Infraction if a Concealed Pistol in Possession of a CPL (MCL 28.425o). Even if Nick was violating the law, Michigan Law protects an Elector (READ: Voter) from Arrest under MCL 600.1825. You could not have arrested him even if you wanted to. OOPS! Looks like you guys violated this one!

Next up, how about that School Official banning Nick from School Grounds to Vote again and telling him to obtain an Absentee Ballot? Since Nick VERY LIKELY does not qualify for an Absentee Ballot, I think there is another Law to look at (Michigan Election Law - MCL 168.932).

MCL 168.932 Prohibited conduct; violation as felony.

Sec. 932.

A person who violates 1 or more of the following subdivisions is guilty of a felony:

(a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.

OOPS! Looks like you guys violated this one as well! Please let us know when you arresting those involved! You do realize that this is a CIVIL RIGHTS VIOLATION, don't you?

Since we have RIGHTS VIOLATIONS here, there is another law you as a POLICE OFFICER should be well aware of (LAW ENFORCEMENT ACT 158 of 1966):

MCL 752.11 Upholding or enforcing the law; duty of public officials.

Sec. 1.

Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor.

OOPS! Looks like you guys violated this one to! Please let us know when you arresting those involved! You do realize that this is ANOTHER CIVIL RIGHTS VIOLATION, don't you?

With all these CIVIL RIGHTS VIOLATIONS, I wonder how long it will be before it becomes an FBI Color of Law Compliant?

All Nick wanted was an APOLOGY. Now, I hope he and his lawyer take all necessary precautions to ensure further RIGHTS VIOLATIONS DO NOT OCCUR.

 

[stainless1911]

YESSS get em PD

 

[xmanhockey7]

PD: From now on if I see a police officer in a restricted area, like a school, I'm going to ask to see credentials and ask them why they are there. I mean they have a gun and while they may be legal who knows what their intent could be.

http://www.nytimes.com/2011/07/23/world/europe/23oslo.html?pagewanted=all

Even as the police locked down a large area of the city after the blasts, the suspect, dressed as a police officer, entered the youth camp on the island of Utoya, about 19 miles northwest of Oslo, a Norwegian security official said, and opened fire. “He said it was a routine check in connection with the terror attack in Oslo,” one witness told VG Nett, the Web site of a national newspaper.

 

[stainless1911]

You should. They need a CPL to open carry there too.