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Author Topic: Update on My situation with the PPD  (Read 27933 times)

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Offline army74

  • Posts: 66
Update on My situation with the PPD
« on: May 18, 2010, 11:21:48 AM »
I finally got a call from a Capt In Internal affairs told me he knows the law and im in violation of it and could be and would be arrested. Told me if i  OC in pontiac i would be in violation of my cpl . i Called MSP in lansing they said they would call them give them the website and info on open carry. I gave a copy of the papers some sent me the link to for the LEO. Im still planning on attending the city council meeting on thursday night ill be there at 6:30 meeting starts at 7:00 i have to be early to fill out a communication card. Thanks for all the info and support/help.  Carry On!!!!!!!!
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Offline army74

  • Posts: 66
Re: Update on My situation with the PPD
« Reply #1 on: May 18, 2010, 12:08:22 PM »
I met with chief today looked at the paper work for the LEO paperwork i got from the weblink i was sent. Chief said all this is going to do is get someone killed. He would send it to city attorney to look over and check for the legality of it.The capt told me again that im still in violation of my cpl but it might be diffrent in difrrent areas. He said i could probally take i to court and win and that the state needs to redo the cpl so it goes along with the Open Carry. I dont want to be a test case but i guess i am and thats ok with me. Council meeting is Thursday i want to go but dont know if i should go or just wait for city attorney.Thanks ev1
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Offline autosurgeon

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Re: Update on My situation with the PPD
« Reply #2 on: May 18, 2010, 12:45:38 PM »
He is so far out in left field that the Hubble can't see him!
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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline army74

  • Posts: 66
Re: Update on My situation with the PPD
« Reply #3 on: May 18, 2010, 01:18:00 PM »
lol should i go to the council meeting and if i do my wifes dropping me off in case im going to be a night resident of the ppd
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Offline CoonDog

  • Posts: 28
Re: Update on My situation with the PPD
« Reply #4 on: May 18, 2010, 03:11:27 PM »
OC with a CPL is not illegal.  There is no statute that says you MUST conceal.  Similarly, there is no statute against printing or open carry.  What, then, can they charge you with?  If one of the CPL violations in 28.425f or 28.425o, then these are civil infractions that do not have associated jail time for the first violation.  In any case, I don't see how either would apply to your scenario, but here they are for the record.  Make sure you are recording for your own protection.  Even better, have your wife go with you and hold the recorder in case the LEO tries to take it/shut it off.

http://www.legislature.mi.gov/%28S%28atwq3xysvsnaqefij3ofgwin%29%29/mileg.aspx?page=GetObject&objectname=mcl-28-425f

http://www.legislature.mi.gov/%28S%28ft44sibvddxvfk45w0xp4f55%29%29/mileg.aspx?page=GetObject&objectname=mcl-28-425o
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The OC movement helps gain acceptance for all forms of carry.

Offline Bronson

  • Posts: 554
Re: Update on My situation with the PPD
« Reply #5 on: May 18, 2010, 04:12:04 PM »
Quote from: army74 on May 18, 2010, 12:08:22 PM
  The capt told me again that im still in violation of my cpl

Make him show you the law.  If he shows you a local ordinance show him the state pre-emption law (linked below).

Quote from: army74 on May 18, 2010, 12:08:22 PM
but it might be diffrent in difrrent areas.

EEEEEHHH! WRONG!  Thanks for playing, next contestant please.  This is exactly why the firearms pre-emption law was enacted so that there WOULDN'T be different firearms laws throughout the state.

Quote from: army74 on May 18, 2010, 12:08:22 PM
He said i could probally take i to court and win

That means he knows he's wrong.

Bronson
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Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline NHCGRPR45

  • Posts: 130
  • Macomb Twp. MI
Re: Update on My situation with the PPD
« Reply #6 on: May 18, 2010, 09:03:06 PM »
maybe we need to show up at the council meeting and support this member who's having his rights trampled. "we" means other OC members they might arrest 1 person but i strongly believe that to do that with 5 or ten people would put some doubt in the chiefs policy.
shaun
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But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such goverment, and to provide new gaurds for their future security. United States Constitution.

Offline NHCGRPR45

  • Posts: 130
  • Macomb Twp. MI
Re: Update on My situation with the PPD
« Reply #7 on: May 18, 2010, 09:19:37 PM »
will you be OC when you go before the council? because i will be. and like i said the more people we have the less like it will be that you or anyone will be arrested, also i doubt the city of pontiac would enjoy the news and press it would recieve from such an act, at least thats what i think anyway.
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But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such goverment, and to provide new gaurds for their future security. United States Constitution.

Offline dtmartin408

  • Posts: 23
Re: Update on My situation with the PPD
« Reply #8 on: May 18, 2010, 09:36:30 PM »
i think I'd be interested in going to the meeting and OCing. 
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stainless1911

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Re: Update on My situation with the PPD
« Reply #9 on: May 18, 2010, 11:58:10 PM »
Im in too. As soon as I have a time and an adress, Ill clear my schedule for it. More than happy to help you Army. :)
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Offline army74

  • Posts: 66
Re: Update on My situation with the PPD
« Reply #10 on: May 19, 2010, 06:49:27 AM »
meeting starts at 7pm but should be there by6:30         47450 woodward ave. pontiac mi  48342
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stainless1911

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Re: Update on My situation with the PPD
« Reply #11 on: May 19, 2010, 09:14:47 AM »
EXELENT ;D
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Offline army74

  • Posts: 66
Re: Update on My situation with the PPD
« Reply #12 on: May 19, 2010, 09:31:44 AM »
i think we might have 5 including myself coming to council meeting in pontiac michigan
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Offline venator

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    • My Parents Open Carry book order
Re: Update on My situation with the PPD
« Reply #13 on: May 19, 2010, 12:57:11 PM »
Quote from: army74 on May 19, 2010, 09:31:44 AM
i think we might have 5 including myself coming to council meeting in pontiac michigan
Send the chief this as well, it was settled out of court with a cash settlement and a lot of egg on the City's face.

May 12, 2009

FOR IMMEDIATE RELEASE:

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.


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Family book on OPEN CARRY go to: http://www.myparentsopencarry.com/
Looking forward to having more smites than posts.  Thanks all.
The above are my opinions only.  Please seek an attorney concerning all questions of law.

Offline Savage.Detroit

  • Posts: 39
Re: Update on My situation with the PPD
« Reply #14 on: May 19, 2010, 06:44:42 PM »
I'll be there tomorrow.  I am coming from the Dearborn/Detroit area if anyone wants to car pool. I will be OCing w/o a CPL.  So I guess in Pontiac's eyes I am good to go, LOL!
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Adapted from Hillary: I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're in a hate group or a domestic terrorist. We should stand up and say we are Americans and we have a right to debate and disagree with any administration."

stainless1911

  • Guest
Re: Update on My situation with the PPD
« Reply #15 on: May 19, 2010, 09:34:32 PM »
I dont know if I can make it, I have to attempt to finish a painting job, and dont know if I can get free. We shall see.
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Offline dtmartin408

  • Posts: 23
Re: Update on My situation with the PPD
« Reply #16 on: May 19, 2010, 11:18:21 PM »
I will not be able to make the city council meeting my wife has to work late and I've got our daughter then. 
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Offline army74

  • Posts: 66
Re: Update on My situation with the PPD
« Reply #17 on: May 19, 2010, 11:42:25 PM »
ok ty anyways i do appreciate it
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Offline NHCGRPR45

  • Posts: 130
  • Macomb Twp. MI
Re: Update on My situation with the PPD
« Reply #18 on: May 20, 2010, 01:43:46 AM »
when is the meeting? i can't find a time and date??? thanks
shaun
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But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such goverment, and to provide new gaurds for their future security. United States Constitution.

Offline NHCGRPR45

  • Posts: 130
  • Macomb Twp. MI
Re: Update on My situation with the PPD
« Reply #19 on: May 20, 2010, 01:47:47 AM »
hello savage detroit i could use that ride! if your coming give me a call at 1 586 404 2082!  thanks and carry on

shaun
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But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such goverment, and to provide new gaurds for their future security. United States Constitution.
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