Posted on 05/12/2009 1:42:52 PM PDT by marktwain
The Law Offices of Steven W. Dulan, PLC announces federal civil rights suit against City of Grand Haven and Ottawa County over open-carry ordinance.
The suit, brought under Title 42, Section 1983 of the U.S. Code, was filed on behalf of Christopher Fetters, an off-duty Air Force Security Officer who was attending the Coast Guard Festival in Grand Haven last year. Mr. Fetters was openly carrying a holstered pistol, which is legal under Michigan law, as in most states. He was arrested and detained and charged with a violation of a Grand Haven city ordinance prohibiting open carry of firearms. His gun was initially seized, although it was later returned.
Michigan law prohibits local units of government from making any law with respect to firearms, (MCL 123.1102.) The public policy goal of the statute is to provide a uniform system of gun laws statewide so that citizens do not have to guess regarding what local rules might exist as they move from one locality to the next.
The complaint alleges, among other issues, violations of Mr. Fetters' civil rights under the 2d, 4th, and 14th , Amendments to the U.S. Constitution, and Article I, Section 6 of the Michigan Constitution, which reads, "Every person has a right to keep and bear arms for the defense of himself and the state," when he was physically restrained, disarmed, and subjected to verbal harassment and ridicule by law enforcement personnel.
Criminal charges were later dropped by the Grand Haven City Attorney's Office, after being informed of the unenforceability of their ordinance. No allegations were ever made that Mr. Fetters ever threatened anyone, or in any other way disturbed the peace on the day of his arrest. He is demanding damages for violation of his civil rights as a citizen of the United States and of Michigan.
The case has been filed in the U.S. Court, Western District of Michigan in Grand Rapids and has been assigned Case Number 1:09-CV-00190.
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Steven W. Dulan is a current member of the Board of Directors of MCRGO.
Yes, personally go after the officers who arrested him and violated his rights under color of law.
That will also get the point across to law enforcement that law abiding citizens just going about their day armed, are and never have been, a problem for law enforcement, or anyone else.
The way law officers determine if there is a problem with a guy with a gun is the same for any other person, they visibly observe the person, and based on their observations, they see nothing and move on, or they stop and ask a couple questions, and either move on, or detain the person if they have a real reason to.
Especially the library!
All libraries are ever used for is holding socialist meetings, and downloading porn.
I think the gun grabbers will continue to make bogus arrests until they get a case to the USSC that will give them the answer they want...which is no one should own a gun..
I guess I am just. that. good.
What's interesting to me about this case is that I thought State law couldn't restrict what a Federal employee could or couldn't do with a firearm. FBI and ATF guys carry and the States cannot do anything about it. But this guy seems to be claiming his right as a citizen, which would mean that his status as an AFSO is irrelevant.
ML/NJ
“I thought MI had passed a preemption law that gave the state legislature the sole authority to enact firearms laws and regulations, and made all local firearms laws null and void. I guess I was mistaken.”
“All libraries are ever used for is holding socialist meetings, and downloading porn. “
Yikes. You forgot - the homeschool group meets there too.
Libraries tend to be one of the lesser of our worries.
Probably not for long! Wait'll they find out that there are Christians doing the home schooling, and that will be the end of the Library meetings. The secular humanists consider the library to be their sacred temple, a sanctuary from all that is sensible and proper.
MI did pass a preemption law.
I have a permit in MI and my resident state which has reciprocity with MI and still was harassed by a cop.
...and the Senior Citizens, and the quilters, and the Model Railroad Club, and the Girl Scouts, and 4-H.
What sort of library are you running anyway?;)
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