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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Welcome to PCerica......where one persons feelings trump our Constitution!

Yes where Scotus engages in popularity pools rather than interpretation of the law

Thats how cops get shot.Take away more rights,But don't settle riots by George Soros.

Fortunately I don't live in Michigan and Michigan law does not apply in my state. Michigan is one of the most Liberal states in the Union. This is why Detroit is now abandon and desolate. and the whole state is in ruins. 

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.”

LaBreque deserves an award!  Discouraging that doing the common sense thing deserves an award, but that's where we are.

No local law can be written or implemented if it conflicts with our Constitutional Rights. The law is illegal and must be stricken from the books.

This is tyranny.This is why we have the second Amendment. The second amandment was not created so we can hunt or target shoot. It was put there so Americans can put a end to a tyrannical government. This is a tyrannical government. The Federal Government and the State Government needs to be officially notified that unless the feds and state government leaves the Second Amendment alone tyranny will be brought to justice. Also in our constitution give the right to militias to do this bidding. Our out of control government says that Militias and tea party members are terrorist.That could not be further from the truth and it should be the rallying call to all Americans to restore our government to what We the People and our fore fathers understanding of what our government should be.And no I am not going to say that if this makes me a terrorist in the governments eyes so be it.I am not a terrorist , I am an American and I am exercising my Constitutional rights as an AMERICANS SHOULD and BETTER before we have no Constitution Left to defend. A proud  Marine Vietnam Veteran and American.

I the guy was wearing cameo in an urban environment designed for wooded area he would be stand out like a sore thumb, if he were hiding out in the woods near an urban environment it may be cause for alarm. The woman is obviously stupid..If she causes open carry to be banned and people start to conceal carry she would be in an even worse situation because she would not know who has a gun and who don't...If I were her husband I would divorce her and go with someone who doesn't complain.. I feel sorry for her husband to have to tolerate such a stupid woman.

Liberals are chopping at the 2nd amendment TREE.....and will not stop til its down. We need to rise up just as sharp and clear. They want to fight? How many bloody noses will it take? Lets fight them already. . ..evil turds need a but whooping. ..

We have the right - we take the test.  What else is warranted.  Really this is over the top.  But go ahead.  We will have the licenses ready to show.

VOTERS are to blame completely folks. In 2008 speeches Obama told ALL of us that he wanted civilian police force bigger and better than  our military so why are so many complaining? Is it because voters could not understand plain English Obama used , or maybe they did not care what happened to USA?  Many accuse Obama of lying in 08 but he told truth and STUPID people elected him and then 4 years later did same thing. With Obama in office what does that say about the American voter. I believe most just voted for Obama so they could say they voted for first black president. These people sold out COUNTRY-Family and GOD and they got Obama. They rest of us will have the job of reclaiming our country.

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ALERT ALERT

Pay-Back !!! Pedophile Who Assaulted Nearly 200 Kids Stabbed To Death In Prison

A convicted pedophile who abused almost 200 children was stabbed to death in North Yorkshire, England, on Sunday.

Richard Huckle, 33, from Ashford, Kent, was given 22 life sentences in 2016 after he admitted to sexually abusing 71 kids whose ages ranged from six months to 12 years between 2006 and 2014, according to the BBC.

The report said Huckle was attacked with a makeshift knife while inside his cell at the Full Sutton Prison.

At the pedophile’s trial in 2016, investigators said they found over 20,000 indecent photos and videos of his assaults, which were shared with other pedophiles via a site on the dark web called The Love Zone.

Reports said that prior to his arrest, Huckle posed as an English teacher and Christian volunteer worker in Kuala Lumpur, Malaysia, where he groomed impoverished children.

In one of his online posts, Huckle reportedly wrote “Impoverished kids are definitely much easier to seduce than middle-class Western kids.”

Reports said he attempted to make money from his crimes by crowdfunding the release of the photos.

“Huckle also created a 60-page ‘how-to’ guide for other pedophiles seeking to evade being caught, and kept a scorecard and points system regarding the children who were abused — leading investigators to speculate he may have as many as 200 victims,” a Fox News report stated.

At his sentencing in 2016, Judge Peter Rook condemned Huckle for his heinous crimes he said had become routine for the pedophile.

Rook commented:

Your offending behavior became entrenched in your everyday life. Your life revolved around your sexual activities with young children. Your distorted beliefs in respect of children are deep-seated. Your self-delusion knows no bounds. It is also clear that, had you not been arrested, you planned to continue the same lifestyle using the expertise that you were keen to show off to and share with other abusers so as to continue your sexual exploitation of the children of such communities.

Reports said prior to his death, Huckle refused to cooperate with authorities when they tried to unlock a cache of encrypted files he had access to that may contain the names of victims and other pedophiles, according to Fox News.

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