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.

Don't forget to follow the D.C. Clothesline on Facebook and Twitter. PLEASE help spread the word by sharing our articles on your favorite social networks.

http://www.dcclothesline.com/2015/06/21/warning-federal-court-rules...

Views: 1074

Reply to This

Replies to This Discussion

TIME TO STAND UP NOW

AMERICA IS ON A HORRID TIPPING POINT AND WE MUST SAVE HER .  TIME FOR A HUGE CONSERVATIVE OCCUPY MOVEMENT SPREAD OUR WORD

I agree 100% officer need to get a ******* handle on how they deal with situations and quit taking the law into thier own hands. They are gonna hate it when we take law into our own hands.

It is obvious that GESTAPO LAW ENFORCEMENT TACTICS are alive and well in Grand Rapids, Michigan.  You may have the Second Amendment right to "open carry", however if you dare to exercise that right, you become subject to overly close scrutiny by law enforcement.  The right to "open carry" in Michigan is being discouraged and surpressed by a GESTAPO MENTALITY

if he was a diaperhead they would have ignored him!!!!!

I don't open carry because I don't want criminals and communists to know I am prepared for them.

Bob, you make a good point.  Many years ago helmet laws were in almost every state in the union, requiring everyone to wear a helmet while riding a motorcycle.  I had a brother-in-law that was really involved with getting them repealed.  After the law was repealed he continued to ride with a helmet.  I ask him "Fred, why did you fight so hard to get this law repealed and then keep wearing a helmet."  He replied "We should have the choice ourselves to wear a helmet or not, if we start letting the government tell us we have to do something, where will it end."  He was right back in the seventies and he would be right today.

.eal tired of government over stepping their bounds. Sounds like a liberal judge doesn't like this law. Get over it Janet Neff. We do need to stand up and fight back. This is sooo ridiculous. Par for the course, they're always forcing their will on us (Liberals). This needs to be fought to the bitter end. Thankfully we have the NRA>

there is only one way to put a stop to this tyranny!!!!!

http://www.conservativedailynews.com/2015/07/declaration-of-indepen...

More bribery. When's it going to start?

  Time To Stand Up Was Yesterday, Or The Un- Countable Days, Months, Years Before It!!! I Will Never Stand Idly By And Let Our Rights Be Taken From Us. VOTE, WRITE LETTERS TO OUR CONGRESSMAN-WOMEN OF OUR DISGUST AT THIS ATTACK ON OUR CONSTITUTIONALLY GUARANTEED RIGHTS!!! Be Ready To Back Our Words Up With Action. Any Attempt To Challenge The Existing Wordage, Or Change To Our Constitution, Must Be Met With Swift Action On OUR Parts. For To Begin To Change Something Many Of Us Have Died And Fought For, Or Just Fought For, Says That The Constitution Means NOTHING To Those That Have No Idea What It's Ideals Mean To The Rest Of Us!!!

That's why I stated before, Don't Open The Constitution with these people in Power. If we do, go buy your self some Razor Blades, so you can cut your own wrist!    

I believe they DO KNOW....but they disagree and want it their way.

RSS

LIGHTER SIDE

 

Political Cartoons by Tom Stiglich

Political Cartoons by Chip BokPolitical Cartoons by Pat Cross

ALERT ALERT

WTH -> Rosie O’Donnell Claims There Are ‘Over 100,000’ Concentration Camps In America

Actress and left-wing activist Rosie O’Donnell made the stunning claim that there are more than 100,000 concentration camps in states across the country, holding unaccompanied minors who illegally enter the U.S.

Appearing Monday on Bravo’s “Watch What Happens Live After Show,” Rosie O’Donnell was asked about the role she’s playing in Lights for Liberty, a rally being held July 12th to demand and end to what host Andy Cohan called “detention camps.”

“Yeah, the concentration camps, even though there’s lots of controversy about the word. But actually, legitimate scholars who study genocide say, yes, these are, in fact, the criteria for concentration camps, they meet them. There are over 100,000 camps in nearly every state,” O’Donnell said, failing to cite the scholars she mentioned. “There’s between 10,000 and 13,000 children, that could fill Radio City Music Hall twice. That’s how many children unaccompanied alone in these camps.”

O’Donnell, of course, was echoing fellow far-left figures like New York freshman Congressman Alexandria Ocasio-Cortez, who has spent the last several weeks comparing the oft-overcrowded Border Patrol facilities currently holding thousands of unaccompanied minors who illegally entered the country with adults to contraction camps like the ones that executed Jews during the Holocaust. Indeed, that comparison was roundly rejected on Monday by the United States Holocaust Museum.

“The United States Holocaust Memorial Museum unequivocally rejects efforts to create analogies between the Holocaust and other events, whether historical or contemporary,” the organization said. “That position has repeatedly and unambiguously been made clear in the Museum’s official statement on the matter – a statement that is reiterated and reaffirmed now.”

It is worth noting that the policy of separating children from adults and holding them in separate facilities was expanded by Barack Obama. It was his administration that separated thousands of children from their parents as a way to deter illegal immigration.

Rosie O’Donnell Backs Elizabeth Warren’s 2020 Bid — ‘She Knows How to Handle That Baby in the White House’

Rosie O’Donnell said she is supporting Sen. Elizabeth Warren (D-MA) in the 2020 Democratic presidential primary.

O’Donnell said, “Warren is my choice.”

She added, “We need a leader. We need a leader, and she’s been leading. Every time she opens her mouth, she gets more respect. Because she has plans for everything, she knows what she’s doing. And I think she knows how to handle that baby in the White House.”

SPECIAL VIDEOS

© 2019   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service