Skip to comments.Witness: Troy Teen Arrested for Carrying Rifle 'Was in His Legal Right' (MI)
Posted on 04/24/2012 12:01:21 PM PDT by marktwain
Troy High senior Sean Michael Combs, 18, was arrested Friday in downtown Birmingham after he was found carrying a loaded M1 Garand rifle.
It was a warm Friday night in April, and Troy High School senior Sean Michael Combs was enthusiastic about the rifle he received a month earlier as a gift for his 18th birthday, so he decided to carry it with him when he headed to downtown Birmingham with a friend.
Combs' choice to carry the M1 Garand slung over his shoulder resulted in his arrest by Birmingham Police an experience his close friend Lia Grabowski calls "terrifying."
Grabowski spoke up on Combs' behalf Monday, saying her friend "was in his legal right" when he was arrested.
Grabowski, 17, also a senior at Troy High, said she was with Combs at the time of his arrest Friday and witnessed Combs' exchange with police.
We were just walking down to Birmingham," Grabowski said. "We werent doing anything. There were groups of kids walking around.
"Hes a huge supporter of open carry and the right to bear arms, and he thought he could legally carry. He wasnt going to use it on anyone. Obviously, he could have defended himself, but he wasnt looking for a fight.
Grabowski said she and Combs were approached by a few teenagers who asked if his rifle was real, though "nobody was afraid, and everyone was kind of curious."
Then, the pair was stopped by a police officer, who asked to see Combs' driver's license, Grabowski said. Combs declined, and moments later, two more officers arrived and arrested Combs as he reached to produce his identification, according to Grabowski.
"He was in his legal right," Grabowski said. "He refused to give him his ID, but not rudely."
Grabowski said she does not agree with the actions of the Birmingham Police officers, adding that the experience was "terrifying."
Combs is a four-year member of the Troy High School cross country team, serving as one of its captains this past season. He was also on the track team for three years and ran indoor track for two years.
"I can kind of understand the fact that hes an 18-year-old, and he doesnt really look 18, but he was completely within his legal right and they did not have a right to arrest him. ... They had what they asked for, and they arrested him anyway."
"We understand long gun open carry to be lawful" in the state of Michigan, said Phillip Hofmeister, president of Michigan Open Carry, Inc., though he added that the group does not advocate open carry of long guns. Also, according to the group's website, "under no legal obligation are you required to talk to a police officer or produce identification of any kind if you are not being detained."
Combs declined to comment Monday without his attorney present. He is scheduled to be arraigned May 2 on charges of disturbing the peace, brandishing a weapon and obstructing an investigation.
Birmingham Police could not be reached for comment Monday evening.
Many interesting comments at the link.
We’re the enemy, the terrorist...you can’t exercise a Constitutional right when it doesn’t exist...
Did he have a dog with him? Did the cops shoot it?
Rifles and Shotguns
A certificate of inspection will then be issued containing a description of the handgun inspected and the name, description and thumbprint of the possessor.
It is unlawful to possess a firearm in a financial institution, church, court, school, hospital, theater, sports arena, restaurant with a liquor or alcohol license or day care center.
Disturbing the Peace. The most over-used and abused charge.
Personally, I don't LIKE longgun carry, but from a legal standpoint, it's allowed, and should be allowed.
Ah, he’s lawyered up. Good for him. I expect this will be expensive for Birmingham...
It is unlawful to carry a handgun concealed on or about ones person or concealed or openly in a vehicle without a license to carry a concealed pistol.
This one also falls under the "Shall not be infringed." part of the Constitutionally protected right and should be contested.
The Constitution of the State of Michigan of Article 1, Section 6 reads:
Every person has a right to keep and bear arms for the defense of himself and the state.
How does a slung rifle qualify as “brandishing” when you aren’t even holding it? As far as “obstructing an investigation”, there was no investigation until the cops obstructed this man’s freedom as a citizen to walk down a public street with a legal firearm. Bulls#it charges - throw a bunch of them against the wall and see what sticks.
They have him if he refused to show ID, I think.
I saw a young woman in downtown Medford, Oregon on a mountain bike at a stop light with a pink-stocked AR-15 slung over her shoulder!
Now that’s “Right to Carry!”
“charges of disturbing the peace, brandishing a weapon and obstructing an investigation”
Did he really “brandish” the gun, or did his open carrying suddenly become “brandishing” because the cop didn’t like him? Same thing goes for “disturbing the peace” or “obstructing an investigation.” Basically it depends on how the officer’s feeling that day. The judge’ll back him up, unless you have clear evidence to the contrary. Which, most likely, explains many cities’ crackdown on videotaping cops in public without their consent.
From “The Wire”:
“Let me let you in on a little secret, the patrolling officer on his beat is the one true dictatorship in America, we can lock a guy up on the humble, lock him up for real, or say fuck it and drink ourselves to death under the expressway and our side partners will cover us, No one - I mean no one - tells us how to waste our shift.”
“Personally, I don’t LIKE longgun carry, but from a legal standpoint, it’s allowed, and should be allowed.”
That’s well and good, but did you know that if you were a cop your “like” becomes the law through the magic of “disturbing the peace”? Those guys have all the fun.
Wow. Nice present.
Michigan FIREARMS LAW
As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.
Open carry of firearms
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.
nope. he wasn’t committing a crime, he hadn’t been detained. no requirement to show id.