Mich. Gun Owners Protest ....

Discussion in 'The Constitutional & RKBA Forum' started by JohnHenry, Jun 12, 2012.

  1. ka64

    ka64 Well-Known Member

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    Only if you're being detained & a reason must be given for the detention.
  2. carver

    carver Moderator

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    As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as "stop-and-identify" statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves. As of 2008, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity.

    But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you're free to go. You could do this by saying "Excuse me officer. Are you detaining me, or am I free to go?" If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

    If you're detained, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.
    http://www.flexyourrights.org/faq

    Here is the list:
    http://en.wikipedia.org/wiki/Stop_a..._.E2.80.9Cstop-and-identify.E2.80.9D_statutes
  3. raven818

    raven818 Well-Known Member Supporting Member

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    Excellent post, Carver. +1
  4. goofy

    goofy Well-Known Member

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    After reading this and not knowing the details (just what the news says)and we all know they never tell us everything just what they want us to know.
    1st why was he walking around with a loaded M1?
    With out ID?
    Did have ID and refuse to show it?
    Was he a smart a## when the cops approached him?
    Did he look 18?
    When he was asked for ID did he get loud and refused to show it?
    Yes he has the right to do so but with all the crap that happens these days I don't blame the cops for questioning his actions.
    I think that walking around with a M1 on your back IS ENOUGH REASON FOR THE LEO TO ASK YOU FOR ID.
    At 18 he is aloud to have the M1 and aloud to walk around with it BUT he should be smart enough to know that this could cause people to be alarmed and is setting yourself up for trouble.( at the lest be asked why)
    With all the crap that goes on today People being shot in schools, shops,and so on strutting around with a M1 that is loaded for no reason but to show it off(was he headed to a range?)is stupid and you can expect to be questioned.
    If he told the leo what was going on and was cooperative with them would he have been charged?
    Was he cooperative and the leo took it to far to flex there mussels?
    I don't know it just seems like there is more to this story that we do not know
    Mike
    Last edited: Jun 14, 2012
  5. 45Auto

    45Auto Active Member

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    In some Michigan municipalities there are "must show Id" laws. I don't know if anyone has challenged these laws in the courts or not.

    The Michigan 'Resisting and Obstructin' criminal statute has been given an extremely broad definition/application by our super conservative Court of Appeal and Supreme Court justices. Not following a law enforcement officer's orders could get you charged and possibly convicted for a wide range of petty things. It's one of several laws I would like to see overhauled in favor of the citizens; though that's not likely any time soon.

    As to the 18 year old lugging around a loaded M1; even if it's perfectly legal, why does this clod think it's a good idea? Like so many young people these days he was rude and extremely inconsiderate. What are folks supposed to think when they see some strange guy walking around town with an M1 rifle? It's not legal to use an M1 for hunting in that area. Men and women would grab their kids and run for cover! I want to see more of our useless gun laws repealed in this state, but if this fool is walking around frightening people it's not going to happen.
  6. DBMJR1

    DBMJR1 New Member

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    In NYC they are conducting random pat downs in high crime areas. No grounds/cause. A pat down is a search, and obviously requires detention. Refuse and you are arrested.

    The anointed one makes the rules now.
  7. RYANINMICHIGAN

    RYANINMICHIGAN New Member

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    Why would it be understandable? If its not loaded it wont fire.

    I agree these guys are just asshats making everyone else look bad. But the law is the law and if I want to walk through town with a M1 or a 1911 its all the same thing.

    And I wont agree to change the law cause some people are asshats.

    As far as showing ID, we do not haev to do that eiother unless you are being detrained. This is not Germany 1937. Gun control was big on Hitlers list BTW.
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