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.
It’s legal here(Vermont)!
I was thinking exactly the same thing...used to play at recess.
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.
Well, maybe if you were packing, you wouldn't be so afraid.
Never keep all your ammo in the same place...
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?
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.”
The city will back off but make him pay through the nose in legal fees to get his rifle back.
That was kinda my point; I guess I failed at showing how absurd it would be if there was one.
He’s got a tough venue. Birmingham’s one of the most anti-gun yuppie areas in the state.
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