Troy Teen Arrested for Carrying Rifle 'Was in His Legal Right' (MI)

Troy High senior Sean Michael Combs, 18, was arrested Friday in downtown Birmingham after he was found carrying a loaded M1 Garand rifle.

It was a warm Friday night in April, and Troy High School senior Sean Michael Combs was enthusiastic about the rifle he received a month earlier as a gift for his 18th birthday, so he decided to carry it with him when he headed to downtown Birmingham with a friend.

Combs' choice to carry the M1 Garand slung over his shoulder resulted in his arrest by Birmingham Police – an experience his close friend Lia Grabowski calls "terrifying."

Grabowski spoke up on Combs' behalf Monday, saying her friend "was in his legal right" when he was arrested.

Grabowski, 17, also a senior at Troy High, said she was with Combs at the time of his arrest Friday and witnessed Combs' exchange with police.

“We were just walking down to Birmingham," Grabowski said. "We weren’t doing anything. There were groups of kids walking around.

"He’s a huge supporter of open carry and the right to bear arms, and he thought he could legally carry. He wasn’t going to use it on anyone. Obviously, he could have defended himself, but he wasn’t looking for a fight.”

Grabowski said she and Combs were approached by a few teenagers who asked if his rifle was real, though "nobody was afraid, and everyone was kind of curious."

Then, the pair was stopped by a police officer, who asked to see Combs' driver's license, Grabowski said. Combs declined, and moments later, two more officers arrived and arrested Combs as he reached to produce his identification, according to Grabowski.

"He was in his legal right," Grabowski said. "He refused to give him his ID, but not rudely."

Grabowski said she does not agree with the actions of the Birmingham Police officers, adding that the experience was "terrifying."

Combs is a four-year member of the Troy High School cross country team, serving as one of its captains this past season. He was also on the track team for three years and ran indoor track for two years.

"I can kind of understand the fact that he’s an 18-year-old, and he doesn’t really look 18, but he was completely within his legal right and they did not have a right to arrest him. ... They had what they asked for, and they arrested him anyway."

"We understand long gun open carry to be lawful" in the state of Michigan, said Phillip Hofmeister, president of Michigan Open Carry, Inc., though he added that the group does not advocate open carry of long guns. Also, according to the group's website, "under no legal obligation are you required to talk to a police officer or produce identification of any kind if you are not being detained."

Combs declined to comment Monday without his attorney present. He is scheduled to be arraigned May 2 on charges of disturbing the peace, brandishing a weapon and obstructing an investigation.

Birmingham Police could not be reached for comment Monday evening.

http://troy.patch.com/articles/witness-troy-teen-arrested-for-carrying-rifle-was-in-his-legal-right

MICHIGAN FIREARMS LAW

As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.

Open carry of firearms

In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.
MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:

A depository financial institution (e.g., bank or credit union)

A church or other place of religious worship

A court

A theater

A sports arena

A day care center

A hospital


Brandishing firearms

MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm….”

Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

I hate when cops are ignorant of the law and get away with it but if the average citizen was, there would be no mercy in the eyes of the judge. I hope this kid sues the crap out of the cops.

 

In hindesight should he have been arrested no, but let's think about it for a moment.

He's carrying a rifle, it's loaded and when asked to produce identification, he doesn't. All legal, but really sketchy. I gotta side with the cops on this one.

 

"Then, the pair was stopped by a police officer, who asked to see Combs' driver's license, Grabowski said. Combs declined, and moments later, two more officers arrived and arrested Combs as he reached to produce his identification, according to Grabowski."

Strange seems they wanted to arrest him no matter what. When the back up comes he goes to show his ID and then gets arrested hmmm...

 

Show's desperation right there. Not looking good for him, nor bad.

 

When you use a gun, you also should try to also use some common sense.

 

If we don't exercise our rights, then they will surely be taken away by the enforcers.

 

I think the police did the right thing considering that the kid refused to show his ID.

If he was a convicted criminal or under 18 he has no legal right to carry a gun and asking him to show his ID was reasonable to determine that he was otherwise within his rights.

 

Kid was looking for trouble.

People with common sense don't walk around a downtown city with a rifle slung over their shoulder. And they certainly don't decline to show ID when asked by police while carrying.

 

Just because you can carry a weapon around like that don't mean you should, have some common sense. I'm a big advocate for gun rights but I sure as hell wouldnt let my son or daughter stroll downtown with a loaded rifle, even if it was legal.

 

Can a 17 yr.old legally buy that weapon.Probably so since high schoolers have for
decades been able to go hunting and even in some rural areas they still bring
their shotguns/rifles to school so as to go hunting as soon as school lets out for
the day during Deer Season.

 

Of course. But doesn't mean we can't be stupid about it.

 

It's a probably a first time we've ever agreed on anything.

 

I find the law and the attitude of a lot of open-carry advocates a bit whacko.

It does not promote public safety that a kid with a punk attitude is able to walk around with a thousand dollars worth of armaments slung on his shoulder like jewelery.

He showed the cop an attitude, which, to anyone with common sense, should raise a red flag.

Deciding to act like a responsible adult only after he realized that he was digging himself into a hole does not really make things right all of a sudden.

I am all for concealed carry with a background check, preferrably with a training mandate, but this open carry is just inviting male posturing, which can get totally out of hand.

Just watch two kids at an intersection checking out each other's muscle cars, if you don't get where I'm coming from.

 

Doesn't matter the kid will have the charges against him dropped and then he will be able to sue the cops at tax payers expense. If folks think its OK for cops to arrest people without breaking the law then whats stopping them from arresting someone for exercising all their other rights.

The below link was already distributed to all police department in Michigan to help educate cops on gun laws. Looks like this department missed this memo and will end up give a chuck of cash to this kid. Notice at the end of the memo it specifically says that citizens do not need to identify themselves unless stopped for a motor violation.

"Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.

Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation."

This update is published by the Michigan State Police Training and Standards Division. Questions and comments may be directed to MSPLegal@michigan.gov. Past editions can be found at www.michigan.gov/msp-legal.

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

Open carry of firearms
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.

 

I remember we would carry rifles, shotguns on gunracks in our vehicles when we were in high school back in the day and nothing was said. No one got in trouble.

 

Cops should be held to a higher standard in knowing the laws their suppose to enforce as its no excuse for average citizens who break the law unwittingly, they obviously didn't under these circumstances other than the fact the kid broke the "contempt of cop law".

 

There is no law in Michigan requiring ID be given unless being arrested or in a motor vehicle. Consensual encounter is not detainment or arrest.

 

The cop asks for ID, you show it. That simple. Pee on shoe and you go to jail.

 

Exactly, the problem is we have a bunch of egotistical libertarians in the country who think State Authority doesn't apply to them and they feel the need to push every boundary they can on purpose and then scream "fascism!" when the State proves them wrong in their assanine assumptions of personal liberty.

 

Wrong, you may not beat the ride but you'll beat the charge and then you can sue for false arrest. This attitude is why I (*)(*)(*)(*)ing hate cops, People like you will give up your freedom for a false sense of security when in reality, cops are not responsible for stopping crimes, only in investigating it. BTW, you have to be 21 to conceal carry in Michigan and as a 18 year old, his only recourse is to open carry, which is perfectly legal.

 

Keep think like this and beg for mercy when you wake up with a government boot on your neck.

 

Whatever, go back to your libertarian unibomber shack and wait for the apocalypse. My guns stay home where they belong.

 

If he was a convicted criminal or under 18, then he has a 5th amendment right not to incriminate himself by showing identification.

 

WRONG.

You pee on his shoe, you go to jail. And he did. And he did.

WTF don't you understand? I never said it was right.

 

Yep, keep you guns at home and when they come for them next, don't cry since you obviously have no issue with cops make up “show me your papers” laws when ever they feel like it.