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Rifle-Carrying Troy Teen 'Pretty Confident' at Tuesday Pre-Trial Hearing (MI)
troy.patch.com ^ | 15 May, 2012 | Jen Anesi

Posted on 05/16/2012 5:01:03 AM PDT by marktwain

Sean Combs, the 18-year-old Troy High School senior who was arrested by Birmingham Police last month while walking through downtown Birmingham with a rifle slung over his shoulder, is set to attend an evidentiary hearing in three weeks after attending a pre-trial hearing Tuesday afternoon in front of Judge Marc Barron in 48th District Court in Bloomfield Hills.

Combs pleaded not guilty May 1 on charges of brandishing a firearm, disorderly conduct and obstructing an officer – all misdemeanor offenses that each carry a maximum 93-day sentence and $500 fine.

Combs' attorney, Jim Makowski, said he plans to file a motion to dismiss the case entirely within the next couple weeks, saying Birmingham Police violated Combs' rights when they stopped him without cause.

"I think Birmingham Police just didn't like what he was doing, and I think what they did was wrong," said Makowski, who specializes in Second Amendment law.

Makowski said all the other charges would be void if the stop itself were unconstitutional, which he believes it was. Once Makowski files the motion to dismiss, the city of Birmingham has seven days to respond.

Meanwhile, Combs maintains he was wrongfully arrested and fully within his legal rights to openly carry the loaded M1 Garand rifle, which he had recently received as a gift from his parents for his 18th birthday.

"I'm pretty confident," Combs said. "Not overly confident, because anything can happen, but I think it's going to be definitely arguable, if nothing else."

A hearing date has not yet been set.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Michigan
KEYWORDS: banglist; constitution; mi; opencarry
If you cannot exercize your constitutional rights without being arrested for disorderly conduct, your rights are without meaning.
1 posted on 05/16/2012 5:01:06 AM PDT by marktwain
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To: marktwain
The first comment under the article is from a pussified liberal.

What about my rights to shop or walk in Birmingham without feeling scared or threatened. There is no way of knowing if a person carrying a loaded weapon is angry, enraged, looking for retaliation or mentally ill. This teenager way overstepped his rights and trampled all over mine. If he likes guns so much, try the recruiter next.

There's no way to know the guy behind the wheel of a car isn't angry, enraged, looking for retaliation or mentally ill either. We're sorry you are such a pussy.
2 posted on 05/16/2012 5:18:21 AM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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To: marktwain

This is how much things have changed, it used to be fairly common to see someone carrying a long gun in town. They might be taking a new gun home or taking a gun in to a gunsmith or just walking to a neighbor’s house to show someone what they have. Nobody paid any attention, I can even remember high school students showing long guns to others on the school grounds. If a student drove his own vehicle he might display a rifle or shotgun in the rear window. As for knives I had a teacher borrow my pocketknife at least as early as fourth grade. Boys used to play games with pocketknives on the school ground in grade school. I never remember anyone cutting someone though.


3 posted on 05/16/2012 5:18:30 AM PDT by RipSawyer
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To: marktwain

Hmmm...carrying a rifle slung over your back is “brandishing?” when you draw a weapon from its holster
and point it, you are ‘brandishing.’ When you unsheath a knife and threaten, you are ‘brandishing.’

There used to be a time when law enforcement in this country weren’t afraid of a citizen with a weapon. They were confident in their abilities to do their jobs even given the numbers of citizens who openly carried.

We are a far, far cry from that today. About all you see in the media today are LEOs who armor-up in the most ridiculous assault gear possible, mostly to shoot some poor family’s dog or to shoot someone 83 times because it looked like he had a gun, or to shoot an 80 something year old grandma who tried to protect herself with an old revolver as the Atlanta drug squad mistakenly invaded her home. There are way to many stories like this.


4 posted on 05/16/2012 5:21:02 AM PDT by Gaffer
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To: RipSawyer

I had dinner with a Canadian co-worker last night. The topic of guns came up and she said the thought of owning or using a gun was simply foreign to her. I asked what she would do if someone invaded her home. She said, “run or stab them with scissors but I would have to be careful not to kill them or else I would go to prison.”

Isn’t a defenseless society grand? For criminals...


5 posted on 05/16/2012 5:23:13 AM PDT by TSgt (The only reason I have one in the chamber at all times, is because it is impossible to have two in.)
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To: TSgt

Heaven forbid that he should see a long, lean, 160 pound, fifty year old carpenter openly carrying a claw hammer, who knows what he might have on his mind. I think on average I would rather be shot than attacked with a claw hammer. How about some of these huge bodybuilders who bench 500 pounds, they should not be allowed to openly display their muscles, who knows what state of mind they might be in. They should not be allowed on the street unless handcuffed behind the back. Oh, and another thing, young track stars who run very fast should have to wear a ball and chain so they can’t run up to an old man like me and hit me and then run away.


6 posted on 05/16/2012 5:26:27 AM PDT by RipSawyer
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To: RipSawyer
The YMCA I attended as a child (mid-1960's) had a rifle range in the basement. Boys brought rifles there every day; I saw them. I assume grown-ups brought weapons at other times of day too, but I'm reporting what I saw with my own fourth-grade eyes.

The 'Y' was located right in the center of downtown Syracuse, NY, across the street from the public library. One street away from City Hall and police headquarters. I'm pretty sure some of the kids took city busses to get to the 'Y' and carried their rifles with them.

Now, that 'Y' is closed and nearly abandoned. So's the library. It was a beautiful building with marble staircases, bronze statues, beveled glass windows on interior doors and partitions. The drinking fountains were built in to niches in the marble walls. Now it's permanently locked up. I don't know if it's been vandalized inside.

I think there may be some sort of relationship between these things, at least on a karmic level.

No more shooting range in the 'Y', no more ornate central public library across the street either.

7 posted on 05/16/2012 5:29:39 AM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: RipSawyer
"...showing long guns to others on the school grounds. If a student drove his own vehicle he might display a rifle or shotgun in the rear window. As for knives I had a teacher borrow my pocketknife at least as early as fourth grade. Boys used to play games with pocketknives on the school ground in grade school. I never remember anyone cutting someone though. "

So true.

I'd add that we used to have to check our (cap) gunbelts at the door of (a private) kindergarten (no K in the public schools).

8 posted on 05/16/2012 5:30:38 AM PDT by Paladin2
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To: Gaffer

There was a time in this country when local, paid law enforcement, for all practical purposes, didn’t even exist.

Yes. There were sheriffs.

But the posses he might assemble were civilians.

And people were familiar enough with the law to do the prosecutions themselves. It wasn’t “DA’s” filing criminal charges for “The State”, people, sometimes the victims, would file criminal charges themselves.


9 posted on 05/16/2012 5:38:25 AM PDT by djf ("There are more old drunkards than old doctors." - Benjamin Franklin)
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To: marktwain

Someone with a badge wanted a Garand, too!


10 posted on 05/16/2012 5:38:35 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: marktwain

I can remember years ago I lived in a n area of DC known as Congress Hghts., I had an older friend who owned several firearms. We used to walk from Congress Hghts to Fort Simms, a National Gaurd unit, and use their range located off the forts grounds. We were never stopped by police or even questioned even while carrying several firearms openly in public. These included 1918 Colt 45, M1 Garand, M1 Carbine, German Luger, 12 ga shotgun, Colt 45, .357, NAvy Cap and Ball.

And I was like 14 at the time.......


11 posted on 05/16/2012 5:40:46 AM PDT by stockpirate (Romney, Ann Coulter & our ruling republican elites, are Big Government socialists, Grand Ole Sociali)
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To: marktwain

I think we need to take another long and critical look at the gun laws passed in 1968 and subsequent years. This is ridiculous.


12 posted on 05/16/2012 5:47:25 AM PDT by buffaloguy (uab.)
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To: Springman; sergeantdave; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; ...
I used to walk in the grocery store in my hometown carrying guns and no one thought anything of it. They just correctly assumed I was on my way to the woods or something.

Image Hosted by ImageShack.us
13 posted on 05/16/2012 5:54:04 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: RipSawyer

Mumbly Peg


14 posted on 05/16/2012 5:59:02 AM PDT by Dedbone
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To: buffaloguy

I don’t think there should be any restrictions on anyone not in prison. If they’re a threat, they should be in prison, if not, they should be free, PERIOD.


15 posted on 05/16/2012 6:00:35 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: TSgt

I wonder if the writer of that comment could point to the part of the constitution guaranteeing her the right not to suffer from subjective fear. I can’t find it.


16 posted on 05/16/2012 6:12:02 AM PDT by muir_redwoods (I like Obamacare because Granny signed the will and I need the cash)
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To: RipSawyer

My husband and his cousins carried shotguns to school so they could go hunting on the way home. No problem. Of course that is back in the day, when kids understood their actions brought consequences.


17 posted on 05/16/2012 6:12:48 AM PDT by ruesrose (It's possible to be clueless without being blonde.)
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To: Gaffer

“There used to be a time when law enforcement in this country weren’t afraid of a citizen with a weapon. They were confident in their abilities to do their jobs even given the numbers of citizens who openly carried” yeah since WHEN. COPS have ALWAYS been Gun-Grabbin PUSSIES!


18 posted on 05/16/2012 6:28:55 AM PDT by US Navy Vet (Go Packers! Go Rockies! Go Boston Bruins! See, I'm "Diverse"!)
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To: marktwain

With this kind of logic... Every martial artist needs to be imprisoned... for being a weapon and might hurt someone.


19 posted on 05/16/2012 6:35:15 AM PDT by baddog 219
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To: US Navy Vet

I don’t think that’s true in all cases. There are some LEOs, the ones in my town for example, who aren’t the macho assault troop sort. A few of them even carry revolvers.

A couple have even been in my basement where I practice my ‘hobby’ (once when I was away and my wife had them search the house when the alarm went off). Had this been up North somewhere you’d have seen an article where some gun nut’s ‘arsenal’ had been seized. It’s been 2 years since that time and nary a word from them. I don’t wanna say ‘Mayberry’ but it is reminiscent.


20 posted on 05/16/2012 6:38:24 AM PDT by Gaffer
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To: Steely Tom
When I was young an uncle gave me a M1 rifle he had while in the service, the barrel was filled with lead so it wasn't able to fire but as a kid I would strap it to my back and myself and other kids would be playing war games and many times would be walking around in plain view of many shoppers who hardly ever questioned me, sometimes a veteran would be interested in looking at it stating they used to have one while in the service but never had people running and screaming away. Times have changed.
21 posted on 05/16/2012 6:45:02 AM PDT by bikerman (you can take the man out of the jungle but can't take the jungle out of the man)
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To: marktwain

It’s legal here(Vermont)!


22 posted on 05/16/2012 6:48:40 AM PDT by bandleader
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To: Smokin' Joe
You are correct. That happens all the time and even happened to me once
but with a pocket knife that an officer wanted to keep after I called them.
He did keep my ammo and even the SGT wouldn't bend on returning my ammo. Asshats.
23 posted on 05/16/2012 6:55:14 AM PDT by MaxMax
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To: Dedbone; marktwain
Mumbly Peg

I was thinking exactly the same thing...used to play at recess.

24 posted on 05/16/2012 7:02:12 AM PDT by 6ppc (It's torch and pitchfork time)
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To: marktwain

The most distressing thing to me is that the Police are becoming the adversarys not the protectors. The trends in this country is to have the Government exercise more and more control over certain segments of the economy.


25 posted on 05/16/2012 7:10:17 AM PDT by Citizen Tom Paine (An old sailor sends)
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To: TSgt
What about my rights to shop or walk in Birmingham without feeling scared or threatened.

Well, maybe if you were packing, you wouldn't be so afraid.

26 posted on 05/16/2012 7:37:40 AM PDT by Fido969
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To: MaxMax

Never keep all your ammo in the same place...


27 posted on 05/16/2012 9:06:55 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: TSgt
Sorry, I've just got to comment on that quoted comment...

What about my rights to shop or walk in Birmingham without feeling scared or threatened.

Have you thought about getting a gun so that you can feel security and empowered? There is no way of knowing if a person carrying a loaded weapon is angry, enraged, looking for retaliation or mentally ill.

Except you know, by looking at him and his body language... or are you even more socially inept than me? `Cause that's pretty hard to do.

This teenager way overstepped his rights and trampled all over mine. If he likes guns so much, try the recruiter next.

Right, so you would deny him having a gun to feel secure and safe... you wouldn't by any chance be a massive 300 lb man who is used to using his might and size to intimidate, are you?

28 posted on 05/16/2012 10:47:49 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
What about my rights to shop or walk in Birmingham without feeling scared or threatened.

I don't believe there is one. After all, people have all kinds of fears and you can't outlaw them all.
29 posted on 05/16/2012 3:41:04 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: TSgt

Up in a small village in Alaska doing some work out in the bush, and leaving the ramshackle motel with my pack and a shotgun. Some tourist walking her large dog looked at me and said “That’s a scary gun you have there”.

I smiled and replied “That’s a scary dog you have there.”


30 posted on 05/16/2012 3:55:10 PM PDT by 21twelve
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To: marktwain

The city will back off but make him pay through the nose in legal fees to get his rifle back.


31 posted on 05/16/2012 4:05:56 PM PDT by Rebelbase
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To: cripplecreek
>What about my rights to shop or walk in Birmingham without feeling scared or threatened.

I don't believe there is one. After all, people have all kinds of fears and you can't outlaw them all.

That was kinda my point; I guess I failed at showing how absurd it would be if there was one.

32 posted on 05/16/2012 5:43:35 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: marktwain

He’s got a tough venue. Birmingham’s one of the most anti-gun yuppie areas in the state.


33 posted on 05/16/2012 8:34:36 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
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