Warning: Federal Court Rules that 2nd Amendment Right is Now a Reason for Cops to Detain You

federal-court-rules-practicing-2nd-amendment-right-is-a-reason-for-detainmentGrand Rapids, Mich. – In a stunning violation of 2nd Amendment rights, the U.S. District Court of Western Michigan ruled police have the legal authority to detain individuals that choose to exercise their constitutional right to open carry a firearm. Open Carry is also specifically allowed under Michigan law.

The ruling means that people in Michigan who choose to exercise this constitutional right are now subject to being stopped by law enforcement for engaging in a completely lawful activity.

Officers detained Johann Deffert in early 2013. He was walking down the sidewalk with a holstered FNP-45 pistol, after receiving a 9-1-1 call from a woman who spotted Deffert with the open carried, but holstered, handgun on his person.

The dispatcher initially informed the caller that Michigan is an open carry state. However, the woman subsequently explained that she found Deffert’s presence alarming, due in part to his wearing of camouflage, although she admitted that he wasn’t threatening anyone. Somehow the dispatcher made the decision that someone engaging in a completely legal activity, as earlier in the call noted by the dispatcher, should now be inspected by police, due to caller saying they found wearing camo disturbing.

The absurdity in logic; that someone wearing camo takes the situation from being a completely legal situation not to be interfered with, and raises it to a level of needing police assistance, shows the extreme arbitrary nature of the entire situation.

The incident was captured on responding officer Moe Williams’ dash cam, and lasted 14 minutes. Williams had indicated he believed that perhaps Deffert was suffering from some type of mental illness, as he seemed to be “talking to nobody” when the officer arrived on scene. Upon further investigation, Deffert was revealed to have been happily singing the song “Hakuna Matata” from the Disney movie “The Lion King” while strolling down the sidewalk.

The video shows the officer command Deffert to lay face down on the ground upon arrival on the scene. Deffert was treated as if he were a criminal that needed to prove he was not doing anything wrong, as the officer detained him while running a mental and criminalbackground check. Deffert was polite and respectful throughout the encounter, but strongly asserted his rights regarding open carry laws in the state of Michigan.

Remember, all of this transpired despite Deffert’s total compliance with Michigan law, in respect to open carry of a firearm. Eventually, Deffert was released, as he had violated no laws, done nothing wrong, and there was no legitimate reason to hold him. Shortly after the incident, in what seemed like a vindication for Deffert at the time, Grand Rapids Police Sgt. Steve LaBreque recommended to Moe’s commanding officer, that Moe “would benefit from some additional training in handling ‘open carry’ issues.”

Several months later Deffert filed a federal lawsuit alleging his constitutional rights were violated and that he was assaulted and falsely imprisoned. The legality of open carry in the Michigan was never in question, only if law enforcement had the authority to detain an individual simply because they were open carrying a firearm, according to court records.

In the most convoluted of logic, U.S. District Judge Janet Neff claimed that officers do have such authority. Neff wrote that the officers were “justified in following up on the 9-1-1 call and using swift action to determine whether [Deffert’s] behavior gave rise to a need to protect or preserve life … in the neighborhood.”

When a call to 9-1-1 is made in regard to a completely legal activity, the police should not even be dispatched. If in fact the police needed to “determine whether [Deffert’s] behavior gave rise to a need to protect or preserve life … in the neighborhood,” they need not impeded a citizen from going about their legitimate and legal business,” as Neff asserts, but rather could passively watch from a distance to determine if there is any reasonable suspicion of criminal activity afoot, and if so act accordingly.

The most glaring problem with Neff’s logic, is that there is no reason for police to ever assess someone’s behavior who is simply engaging in constitutionally protected and lawful activity, regardless if another citizens takes issue with the activity. If the activity fails to rise to the level of criminality, then police have no business getting investigating or getting involved. The police, as public servants, aren’t paid to investigate non-crimes.

The idea that someone needs to prove their innocence for engaging in a constitutionally protected activity is contrary to everything America teaches its children to believe about liberty and freedom.

The case will most likely be appealed to the United States Court of Appeals for the Sixth Circuit. The National Rifle Association and others have offered to assist in the appeal.

It will be interesting to see what open carry advocates across the nation, and specifically those in Texas, a hotbed of open carry activism, think about this ruling; and how they would respond if this were to become the standard of law in their state.

Sound off in the comments!

Be sure to share this critical information with all your liberty loving friends!

Read the decision below.

Johann Deffert court documents


Jay Syrmopoulos is an investigative journalist, free thinker, researcher, and ardentopponent of authoritarianism. He is currently a graduate student at University of Denver pursuing a masters in Global Affairs. Jay’s work has previously been published on BenSwann.com and WeAreChange.org. You can follow him on Twitter@sirmetropolis, on Facebook at Sir Metropolis and now on tsu.

Courtesy of The Free Thought Project.

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I was thinking Dearborn, MI.   Isn't that where so many of Obama's friends are?

If the Nations Capital was in North Dakota, it would take a hardy individual to work there.  Unlike the millions of low life satanic assholes we now have in DC.

Good point.  In that case....think Canada would object if we moved it FURTHER north?

I have an idea...

poor taste

Poor taste my ass.  This is the LEGAL punishment for traitors and treason.  Which we all KNOW he has committed NUMEROUS times.

I love it, I really do.

I have rope.

My wife and I were talking last evening as we set on a swing near our fish pond.  I mentioned that I think we need to start hanging these evil SOB's from lamp posts soon or we will be done.  She said "Can you imagine the outrage if you hung a few people, you couldn't do that."  I said "Hon, I was not thinking about just a few, I was thinking in the millions."  So, we may need lots of rope.

And lots more lampposts
First comes the trial.
Then comes the tar and feathers.
Finally we can get to the lynching.

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ALERT ALERT

YIKES!!! Chelsea Clinton Emphatically States A Person With A Beard And A Penis Can ‘Absolutely’ Identify As A Woman

  • The one issue Hillary and Chelsea don’t appear to agree on entirely is transgender self-identification
  • In an interview with The Sunday Times, journalist Decca Aitkenhead asked the Clintons about transgender self-identification
  • Chelsea Clinton replied ‘yes’ emphatically when asked if someone with a beard and penis can ever be a woman
  • ‘It’s going to take a lot more time and effort to understand what it means to be defining yourself differently,’ Hillary said
  • Aitkenhead said Hillary became ‘uneasy’ when the question was asked while Chelsea shot a ‘furious stare’ at the journalist as her mother answered
  • Hillary added: ‘It’s a very big generational discussion, because this is not something I grew up with or ever saw’

(Daily Mail) – It may appear Hillary and Chelsea Clinton always see eye-to-eye, but in a recent interview one topic cracked the facade of the like-minded mother-daughter power duo.

The one issue Hillary and Chelsea don’t appear to agree on entirely is transgender self-identification.

In an interview with The Sunday Times, journalist Decca Aitkenhead asked the Clintons if someone with a beard and a penis can ever be a woman, to which Chelsea replied emphatically, ‘Yes.’

However, as Aitkenhead describes it, Hillary looked ‘uneasy’, and blamed generational gaps for being less accepting.

‘Errr. I’m just learning about this,’ Hillary responded. ‘It’s a very big generational discussion, because this is not something I grew up with or ever saw. It’s going to take a lot more time and effort to understand what it means to be defining yourself differently.’

The Clintons sat sown with Aitkenhead to promote the book they co-authored, The Book of Gutsy Women: Favorite Stories of Courage and Resilience.

The book features Danica Roem, the first trans woman elected to a U.S. state legislature.

According Aitkenhead’s account, she tells Hillary during the interview that many British feminists of Hillary’s generation have a problem with the idea that a ‘lesbian who doesn’t want to sleep with someone who has a penis is transphobic.’

Hillary nods in agreement, while Chelsea ‘stiffens and stares at me’, according to Aitkenhead.

The journalist then adds that many women of Hillary’s generation are uncomfortable with biological males sharing women’s bathrooms.

‘I would say that, absolutely,’ Hillary nods firmly. ‘Absolutely. Yes.’

That’s when Chelsea begins shooting a ‘furious stare’ at Aitkenhead, who points it out to her.

‘I’m a terrible actor’, Chelsea laughs.

Chelsea then says she is thrilled with the National Health Service’s decision to assign patients to single-sex wards according to the gender they identify as, instead of their biological make up.

‘How can you treat someone if you don’t recognize who they feel and know in their core they are?’ Chelsea says.

‘And I strongly support children being able to play on the sports teams that match their own gender identity,’ she adds. ‘I think we need to be doing everything we can to support kids in being whoever they know themselves to be and discovering who they are.’

At this point Hillary looks conflicted.

‘I think you’ve got to be sensitive to how difficult this is,’ Hillary says. ‘There are women who’d say [to a trans woman], ”You know what, you’ve never had the kind of life experiences that I’ve had. So I respect who you are, but don’t tell me you’re the same as me.” I hear that conversation all the time.’

Despite the clear tension in the room, the pair say they don’t argue about this topic.

But according to Aitkenhead, ‘I get the impression they don’t like to present anything less than a united front to the world.’

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