Author Topic: court date  (Read 12034 times)

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Offline Evil Creamsicle

  • Commie Rifle Fetishist
  • Posts: 156
court date
« on: October 19, 2010, 02:21:18 PM »
Those of you with details about my case, please refrain from posting them here.

For all with an interest in my situation, the court date is Wednesday, November 3rd, at 10:30am
Once armed, a free man can never be disarmed. Only defeated.

Offline NHCGRPR45

  • Posts: 130
  • Macomb Twp. MI
Re: court date
« Reply #1 on: October 29, 2010, 06:30:46 AM »
which court? thanks,,
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 Evil Creamsicle

  • Commie Rifle Fetishist
  • Posts: 156
Re: court date
« Reply #2 on: October 29, 2010, 01:23:29 PM »
Oh sorry, thought I posted that.

37th district
8300 Common Road, Warren MI
Once armed, a free man can never be disarmed. Only defeated.

Offline venator

  • MOC Member
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    • My Parents Open Carry book order
Re: court date
« Reply #3 on: November 04, 2010, 08:47:37 AM »
Update...The charges were dropped.
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 jeffsayers

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Re: court date
« Reply #4 on: November 04, 2010, 09:26:32 AM »
Can we have details now?  ???
United we STAND!
I open carry for the same reason God gave poisonous animals bright colors.

Offline JoeCar

  • Posts: 215
Re: court date
« Reply #5 on: November 04, 2010, 10:34:58 AM »
I hope that you were able to record some of this. Some open carriers are interested.

Offline FatboyCykes

  • Posts: 242
Re: court date
« Reply #6 on: November 04, 2010, 10:52:23 AM »

Offline Evil Creamsicle

  • Commie Rifle Fetishist
  • Posts: 156
Re: court date
« Reply #7 on: November 05, 2010, 02:06:29 PM »
thanks for linking it Cykes...

for the benefit of those here though, I'll repost the details.

I was at Buddy's Pizza in Warren, on Van Dyke, pretty close to the cop shop actually. I was with my band having pizza [bastards... i'm not in that band anymore, but thats another story]. I was open carrying, since, while I don't believe they make a majority of their income from the bar there, I wasn't sure so figured I ought to play it safe. Long story short the cops show up, spouting off nonsense about how this 'isn't the wild west', and try and tell me that OC in and of itself is a CPL violation. Then they cite this college textbook that has incomplete summaries of a couple MCLs and try to tell me I can't carry there because its a PFZ, ignoring the CPL exception.

They ended up kicking me out, saying it was 'talk in the parking lot or I'll take your gun'

Outside, the Sergeant then asked me “Do you understand that you were breaking the law by carrying in there?”

I was silent.

He repeated his question

I was silent.

He asked me “Do you have any questions about what I'm telling you”

I responded with “I do not have any questions, but I refuse to answer your previous question”

The Sergeant then tried to reiterate that it is a CPL violation to be open carrying, which is not true.

He then reasserted that the ticket I was being written was for a CPL violation, and that it was a $500 fine and a six month CPL suspension.

He then said “You should know the laws before you go out and carry a gun”

I replied “I do”

The Sergeant appeared visibly agitated by my remark, started to make a comment, and walked away to his car. He then said “If you did then you wouldn't be here getting a ticket” and walked away

I replied “That remains to be seen”

He got visibly p/o'd and walked off huffing.

In the notes, on the ticket, it said "XD .45acp RT HIP NOT CONCEALED"....

Initially the ticket was written for 'miscellaneous civil infraction 1st offense CPL violation'

I didn't figure out until today what I was actually cited for. You guys will like this...

28.425f subsection 5(a), which reads:
(5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows:

(a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both.


...this is what I was cited for. How can you be cited for a description...? it blows my mind how stupid this is.

Not to mention I was finished talking to the cops, and on my way with my business, at around 9:35, and this statute was not entered into the citation records until 10:30. The cop took a whole hour trying to figure out what he was citing me for, and still couldn't at least pick a statute that its actually possible to violate.

W!
T!
F!
Once armed, a free man can never be disarmed. Only defeated.

Offline BTAvery

  • Posts: 233
Re: court date
« Reply #8 on: November 05, 2010, 03:08:20 PM »
Wow ignorant ego tripping cops got to love them (wait no I don't).

Offline RenegadeMarine

  • Posts: 14
Re: court date
« Reply #9 on: November 05, 2010, 05:42:54 PM »
You should find this officer and ask him "Now do YOU understand that I was NOT breaking the law by carrying in there?"  ;D

Offline Evil Creamsicle

  • Commie Rifle Fetishist
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Re: court date
« Reply #10 on: November 05, 2010, 09:52:31 PM »
he knew. My lawyer asked him what I was being cited for and he said absolutely nothing and just signed the dismissal
Once armed, a free man can never be disarmed. Only defeated.

Offline jeffsayers

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Re: court date
« Reply #11 on: November 08, 2010, 08:17:25 AM »
he knew. My lawyer asked him what I was being cited for and he said absolutely nothing and just signed the dismissal

 >:( >:( >:( >:( >:( >:( >:( >:(>:( >:( >:( >:( >:( >:( >:( >:(>:( >:( >:( >:( >:( >:( >:( >:(

If only there was audio of this statement. This is proof positive that this is nothing more than abuse of a badge. Why wouldn't his colleages do something about this? Inaction indicates approval as far as I am concerned. I hate to say that I hope that Warren loses it's insurance carrier soon. Maybe then those with badges and personal agendas will think about what they are doing a bit more.
United we STAND!
I open carry for the same reason God gave poisonous animals bright colors.

Offline ocdetroit

  • Posts: 462
  • STAY STRONG (WE THE PEOPLE).
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Re: court date
« Reply #12 on: November 08, 2010, 06:24:33 PM »
+++1 >:(
Open carry in Detroit
With both of them.

Offline JoeCar

  • Posts: 215
Re: court date
« Reply #13 on: November 11, 2010, 09:27:41 AM »
Isn't it a federal offense to violate someone's Constitutional Rights under the Fourteenth Amendment through "color of law?" Color of law is the unlawful act committed under such circumstances, that it would not have occurred, but for the fact that the person committing the act was an official then and there exercising his official powers outside the bounds of lawful authority (Black's Law Dictionary, Sixth Ed.) (p.g. 266).

Offline TaxWhat

  • Posts: 31
Re: court date
« Reply #14 on: November 14, 2010, 01:55:30 PM »
he knew. My lawyer asked him what I was being cited for and he said absolutely nothing and just signed the dismissal
     Action agaist MICOLE ? ? ?

Offline hamaneggs

  • Posts: 164
Re: court date
« Reply #15 on: November 17, 2010, 03:08:35 AM »
I believe it's a violation of "under color of law".They told me the same thing on my 8/25/09 video(that they could arrest me for violating my CPL for OCing).Sound familiar ?WPD too!WPD hasn't learned their lesson yet even a year after my case!
In GOD I TRUST! Luke 22:36 "and if You don't have a sword,sell Your cloak and buy one". Nehemiah 4:17 "Those who carried materials did their work with one hand and held a weapon in the other,and each of the builders wore his sword at His side as He worked."  I AGREE! AMEN!