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: 1082

Reply to This

Replies to This Discussion

When did the police get degrees in mental health?The first question I'd ask the police,given the same senerio is how are you qualified to assess anyone's mental status.

I have dealt with many cops in my life time, most are just NUTS.

This is an example of the way that the General Public has been "brainwashed" into believing that the open carry of sidearms is "forbidden."  Most States recognized the "legality" of open carry but as in "ass" the police will give those people a "hard time" about it.  They can't stand the "Inalienable Rights" that are Specifically Stated in the Constitution, once again, these rights are GOD GIVEN RIGHTS, and no man is Above God!!!

M-AR-15-5.56x45!,

   You have a good point.  I am in agreement that it it our GOD GIVEN RIGHT to open carry if we choose.  Maybe we can just make it a good time to greet and meet the cops.

RSS

LIGHTER SIDE

 

Political Cartoons by Chip BokPolitical Cartoons by Gary Varvel

Political Cartoons by AF Branco

ALERT ALERT

Joe Biden Vows: Give Taxpayer-Funded Obamacare To All Illegal Aliens In U.S.

Former Vice President and 2020 Democrat presidential primary candidate Joe Biden is vowing to give Obamacare, funded by American taxpayers, to all 11 to 22 million illegal aliens living in the United States.

During an interview with Telemundo’s Jose Diaz-Balart, Biden forgot that Obamacare technically bans illegal aliens from enrolling in healthcare plans — although illegal aliens are still able to obtain subsidized and free healthcare at Americans’ expense — and promised that under his plan, all 11 to 22 million illegal aliens would be able to get Obamacare.

The exchange went as follows:

DIAZ-BALART: When I … NBC moderated that first debate with you, I didn’t … I don’t recall a clear answer, under your plan should … would the 11, 12 million undocumented immigrants that live in the United States, that have been here many for generations, would they have access …

BIDEN: Yes.

DIAZ-BALART: — to health insurance.

BIDEN: Yes, they … if they can buy into the system like everybody else.

DIAZ-BALART: Because you know, in [Obamacare] they can’t.

BIDEN: Yeah. Yeah, I know. Well they can, that’s my point. They continue to be able to do that.

DIAN-BALART: They cannot under the ObamaCare.

BIDEN: Well and that’s my point, they will though. They will be able to buy into … [illegal aliens] would be able to buy in, just like anyone else could.

Biden joins Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA), and South Bend, Indiana, Mayor Pete Buttigieg — among other 2020 Democrats — in committing to forcing American taxpayers to pay for healthcare for illegal aliens who arrive in the U.S.

Already, due to loopholes, American taxpayers are spending nearly $20 billion every year to provide illegal aliens with subsidized healthcare, emergency room visits, and other health services.

Under the 2020 Democrats’ plan to provide taxpayer-funded healthcare to all illegal aliens living in the U.S., Americans would be billed potentially $660 billion every decade just to cover the costs. Other research has found that the plan would cost Americans at least $23 billion every year.

As Breitbart News has reported, experts have said that giving taxpayer-funded healthcare to effectively all foreign nationals who can make it to America’s borders would drive “strong incentives for people with serious health problems to enter the country or remain longer than their visas allow in order to get government-funded care.”

Despite 2020 Democrats’ continued push for taxpayer-funded healthcare for illegal aliens, American voters are overwhelmingly opposed to the plan. The latest Wall Street Journal/NBC News survey revealed that the healthcare-for-illegal-aliens plan is the least popular policy position, with opposition from 62 percent of U.S. voters.

Similarly, a CNN poll from July discovered that 63 percent of likely swing voters oppose providing healthcare to illegal aliens, along with nearly 6-in-10 of all likely U.S. voters and 61 percent of moderates. A Rasmussen Reports survey also found that likely voters, by a majority of 55 percent, oppose giving healthcare to even the most low-income illegal aliens.

Infantilization of Popular Culture

© 2019   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service