Skip to comments.Michigan court rules in favor of teen who open carried rifle
Posted on 07/12/2012 4:14:36 PM PDT by marktwain
Sean M. Combs is only 18 but he already knows more about civil rights and Michigan gun laws than the officers who arrested him in April for carrying an antique M1 Garand rifle slung over his shoulder.
The two officers, Rebekah Springer and Gina Potts, saw Combs carrying the rifle in Troy Michigan and demanded his ID. When he refused, noting that he was not violating any laws, he was arrested and charged with Brandishing, Disturbing the Peace, and Obstructing an Officer.
I have written before about the misuse of these catch-all charges to chill the rights of citizens and this case appears no different.
The officers based the Disturbing the Peace and Obstructing an Officer charges on the fact that Combs looked younger than 18″ and his refusal to produce ID attracted a crowd. They based the Brandishing charge on the fact that Combs, while having the rifle properly slung and never pointing it, seemed ostentatious.
I have to wonder if it wasnt the officers behavior that drew the crowd. The facts show that Combs and his girlfriend had walked around the business district for some time without drawing a crowd before officers stopped him. And while we are wondering, do you suppose they think that ostentatious means not doing what I tell him to do?
In any case, it no longer matters because the seven person jury slapped the wrist of law enforcement today by finding him not guilty of all charges. They stated that Combs had broken no law and they were simply upholding the law by doing so. I am proud of the jury for doing the right thing in this case.
Perhaps Michigan law enforcement needs to retrain officers on the legality of long-gun open carry as well as when they can and cannot demand ID from a citizen absent probable cause that a crime is being committed.
Congratulations to Sean for winning his court case and a big Thank You! for being willing to stand up for the rights of all Michigan residents. I wish him all the best as he now turns to his next challenge; starting college next month.
This also might be of some interest.
Glad he won. A quibble with the story: “an antique M1 Garand rifle”. M1’s are not antique. Antiques are pre 1899. It is a C and R rifle (curio and relic) With a $30 dollar license (FFL 03) you can have C and R weapons delivered to your door. Not full autos.
Carrying like that at the beach could lead to being bitten on the bottom. I see an open cheek. Hey, what are canine teeth for anyway?
Dare I ask where she’s keeping the magazine?
It most certainly does.
The information you have supplied to supplement this discussion is most appreciated.
That’s what every woman is trading their purses for.
” C^R FFL is valid for five years”
Indeed, and if you like WW1 and WW2 weapons try:
for lot’s ‘o info.
You see a firearm in that picture? Where?
M1 has a clip, not a magazine.
An important area of protecting civil rights and defending the Constitution is for citizens to be fully informed about their rights and obligations as jurors. People cannot generally be convicted of felonies unless sufficient evidence is found by two separate juries, the grand and the petite jury. This gives ordinary citizens two separate opportunities to check runaway government.
I know. I’m referring to the bikini chick upthread. She’s carrying a suppressed M4 in green status.
I do not think it is suppressed. The leg of the beach chair behind it just makes it appear to be so.
Oh yeah, you’re right. If anything, it looks like a short barrel (10in?).
I think, maybe, they are Sabras.
Well, crap, my work blocked that picture.
Now it all makes sense.
This MIGHT send the message to the pigs that just because they say something doesn't make it law.
I know this is old...but I had to correct this tidbit.
An M1 definitely has a magazine. You insert the en bloc clip into the internal fixed magazine.
All repeating firearms have magazines, whether they are fixed or detachable or utilize a clip during reloading or not or whatever. They still have a magazine.