Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Rifle-Carrying Troy Teen's Trial Begins Today (MI open carry)
troy.patch.com ^ | 11 July, 2012 | Laura Houser

Posted on 07/11/2012 11:52:26 AM PDT by marktwain

The trial for Sean Combs, the 18-year-old from Troy found carrying a rifle through downtown Birmingham, begins today.

Combs' trial begins at 8:30 a.m. Wednesday in front of Judge Marc Barron at 48th District Court.

Combs is charged with brandishing a firearm, disturbing the peace and obstructing an officer after an April 13 incident at the corner of Merrill and South Old Woodward.

Combs was arrested around 10 p.m. after refusing to show police officers identification after they asked about the WWII-era M1 Garand .30-caliber rifle strapped to his back, police reports state.

Under Michigan law, as an adult, Combs was legally allowed to carry the weapon and not required to show identification. However, police stated they requested an identification because Combs looked "very young."

At the June 20 evidentiary hearing, Barron denied a motion to dismiss the three charges facing Combs, filed by his attorney James Makowski. According to Barron, Birmingham's ordinances are clear.

"City ordinances must follow constitutional law," Barron said. "(However), Home Rule cities have specific authority to enact ordinances in the interest of the city."

Birmingham will be represented Wednesday by Mary Kucharek of Beier Howlett, P.C. Leading up to Combs' evidentiary hearing, Kucharek and Makowski debated the definition of "brandishing a weapon," the key charge facing Combs Wednesday. Related Topics: Birmingham Police, Open Carry, Open Carry Michigan, and sean combs How do you think Combs' trial will go? Tell us in the comments.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Michigan
KEYWORDS: banglist; combs; mi; opencarry
If you can be arrested for exercising your rights, your rights have been eroded to the point of being non-existant.

This young man deserves an award for defending his Constitutional rights.

1 posted on 07/11/2012 11:52:46 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

He shouldn’t look so young.


2 posted on 07/11/2012 11:58:19 AM PDT by arrogantsob (Obama must Go.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Go for a trial by jury....

A bench trial is a slam-dunk on the wrong end of the court
(pun intended)

3 posted on 07/11/2012 12:03:47 PM PDT by Wings-n-Wind (The main things are the plain things!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Hope he gets a walk and a nice parting gift from the city.


4 posted on 07/11/2012 12:10:55 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

How do you possibly brandish a Garand while it is “strapped to your back”?

Slung over his shoulder possibly?
Still wouldn’t be brandishing.


5 posted on 07/11/2012 12:14:14 PM PDT by Elderberry
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
"Home rule" cities cannot over-ride the Constitutions protections for our Individual Rights.

Anyone suggesting that they can should be shot.

Enough is enough.

6 posted on 07/11/2012 12:18:38 PM PDT by Dead Corpse (I will not comply.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Leftists believe that rights are only rights until you decide to exercise them, then they are at the discretion of the government.


7 posted on 07/11/2012 12:38:52 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dead Corpse

Best post yet.


8 posted on 07/11/2012 12:39:14 PM PDT by paulcissa (The first requirement of Liberalism is to stand on your head and tell the world they're upside down)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Dead Corpse
"Home rule" cities cannot over-ride the Constitutions protections for our Individual Rights.

There were a lot of freepers on a thread yesterday agreeing that the city of Phoenix should be able to prevent bible studies on your own property. Shows how much most of us have accepted governance counter to our God give rights enumerated in the Constitution.

9 posted on 07/11/2012 12:41:47 PM PDT by JTHomes (A lot of injustice is done under the cover of law.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: marktwain
"City ordinances must follow constitutional law," Barron said. "(However), Home Rule cities have specific authority to enact ordinances in the interest of the city."

And the ordinance is that he has the right to openly carry, and that he does not have to show his papers. Go ahead, enforce the ordinances, and arrest the cop for overstepping his authority. And being that the cop is obviously out of control, TAKE AWAY HIS GUN.

The LAW is the LAW boys, the black robe does not make you a dictator, it makes you a public servant.

10 posted on 07/11/2012 12:48:43 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JTHomes
As long as their enjoyment of their property does not infringe on my enjoyment of my property, I don't care how many folks my neighbors have over for bible study.

Denver used to claim that it could ignore the Bill of Rights on RKBA because of its "home rule" BS. No idea if that bit of Commie nonsense has ever gotten rectified.

11 posted on 07/11/2012 12:51:32 PM PDT by Dead Corpse (I will not comply.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: marktwain

Quick prediction. The “brandishing” charge is dead in the water. The failure to show identification will stick because of the obligation of the officer to insure that the person carrying the firearm was an adult and articulable suspicion under the Terry Rule is enough to stop, frisk and inquire.
This is socially approved profiling. Had the kid been brown the officer would have had the fall back of determining if he were a citizen. When these subtle definitions are inserted in the law, they have consequences.
Just a prediction unless the kid has gray hair and wrinkles.


12 posted on 07/11/2012 12:59:47 PM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

From what I have read on here and in the news he was 18 and his state is an open carry state. I don’t see any reason they should be trying him. He was legal.

I hope him and his lawyer slaps down the anti-gun pukes and sends them running away with their tail between their legs.


13 posted on 07/11/2012 1:05:31 PM PDT by History Repeats (Drink plenty of TEA, but avoid the Koolaid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

He was arrested for looking so young....


14 posted on 07/11/2012 1:15:04 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

He was arrested for looking so young....


15 posted on 07/11/2012 1:15:33 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vendome

“He was arrested for looking so young....”

Isn’t that profiling? To be more specific, ageist profiling?


16 posted on 07/11/2012 1:35:57 PM PDT by Larry - Moe and Curly (Loose lips sink ships.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Larry - Moe and Curly

Bastuhds! It ain’t right. No one should suffer discrimination.

Bigots.....


17 posted on 07/11/2012 1:43:48 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Elderberry

‘How do you possibly brandish a Garand while it is “strapped to your back”?


My understanding is that some other teens saw him with the rifle, and were admiring it when the police stopped to talk to him. So, he was carrying it across his back originally, but I think he may have unslung it to show it to the other teens.


18 posted on 07/11/2012 1:48:13 PM PDT by Boogieman
[ Post Reply | Private Reply | To 5 | View Replies]

To: arrogantsob

Because he looked too young, isn’t that profiling?


19 posted on 07/11/2012 1:49:28 PM PDT by Sea Parrot (Don't ever think that the reason I am peaceful is because I forgot how to be violent)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; madison10; ...
Image Hosted by ImageShack.us
20 posted on 07/11/2012 2:49:46 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sea Parrot

Because he looked so young...and then they saw that his name is “Sean Combs”.


21 posted on 07/12/2012 3:23:26 AM PDT by equaviator (There's nothing like the universe to bring you down to earth again.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: cripplecreek
Not guilty on all counts...

(Not sure if you had seen this yet).

22 posted on 07/12/2012 9:24:20 AM PDT by RckyRaCoCo (I prefer liberty with danger to peace with slavery, IXNAY THE TSA!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: marktwain; Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; ...

Good news. not guilty on all counts.

http://www.freerepublic.com/focus/news/2905361/posts?page=22#22


23 posted on 07/12/2012 9:29:08 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson