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Federal Civil Rights suit filed in Michigan over 'open-carry' ordinance
OpenCarry.org ^ | 12 May, 2009 | Steven W. Dulan

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.

-END-

Steven W. Dulan is a current member of the Board of Directors of MCRGO.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Michigan
KEYWORDS: banglist; grandhaven; mi; opencarry
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To: Lurker

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.


21 posted on 05/12/2009 3:56:43 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Joe Boucher
"and the library"

Especially the library!

All libraries are ever used for is holding socialist meetings, and downloading porn.

22 posted on 05/12/2009 4:03:59 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: justiceseeker93

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..


23 posted on 05/12/2009 4:09:34 PM PDT by goat granny
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To: magslinger
It kind of threw me, how fast I posted that per your request. I looked at my pings before browsing the forum, and then I couldn't figure out why the thread looked so familiar, two minutes later, when I was running through the headlines...

I guess I am just. that. good.

24 posted on 05/12/2009 4:35:14 PM PDT by grellis (I am Jill's overwhelming sense of disgust.)
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To: justiceseeker93
Air Force Security Officer

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

25 posted on 05/12/2009 4:42:36 PM PDT by ml/nj
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To: epow

“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.”


You were and are correct. There is a strong preemption law in Michigan. The police officers in Grand Haven just ignored it/plead ignorance. Ignorance of the law is no excuse... unless you are a public official.


26 posted on 05/12/2009 4:44:35 PM PDT by marktwain
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To: editor-surveyor

“All libraries are ever used for is holding socialist meetings, and downloading porn. “

Yikes. You forgot - the homeschool group meets there too.


27 posted on 05/12/2009 4:44:53 PM PDT by Mrs. P ("Wonder Woman wears Sarah Palin pajamas." - Blood of Tyrants)
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To: Mrs. P; editor-surveyor
We had quite a few conservative meetings there as well. The need for public libraries diminishes as the internet expands.

Libraries tend to be one of the lesser of our worries.

28 posted on 05/12/2009 4:50:01 PM PDT by marktwain
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To: Mrs. P; marktwain
"You forgot - the homeschool group meets there too"

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.

29 posted on 05/12/2009 6:17:10 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: epow

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.


30 posted on 05/12/2009 6:58:28 PM PDT by School of Rational Thought (Somali want a cracker?)
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To: Mrs. P

...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?;)


31 posted on 05/12/2009 8:38:29 PM PDT by madison10
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