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Must-See Video: Police Force Man To Ground For Exercising 2nd Amendment Right

open carry michigan lawsuitOpen carry is legal in Michigan, but that did not prevent the stunning detention of a law-abiding gun owner who was forced to the ground.

A city of Grand Rapids police officer responded to a call about a man walking down the street while openly carrying a handgun in a holster. When law enforcement officers arrived on the scene, they witnessed the man doing exactly what was described on the phone and immediately ordered him to the ground.

The man, Johann Deffert, has filed a federal lawsuit over the open carry detention in Michigan, which was all caught on video. The recording will most likely be used as evidence in the civil case against Grand Rapids Police Chief Kevin Belk, Officer William Moe, and two other police officers named as defendants in the lawsuit, local media reported. While the video only recorded a portion of the encounter, the officer’s dash cam captured multiple minutes of audio during the “suspicious person” investigation.

Officer Moe is heard relaying to police dispatch that the suspect appears to have a handgun and that it looked like he was “talking to nobody.” Deffert, 28, was ordered to the ground at gunpoint. The Grand Rapids law enforcement officer is then heard saying, “Do not move. Why do you have a handgun on you?”

The Michigan man answered, “It’s my constitutional right to defend myself.” The gun owner stated that such an inquiry was not necessary under the state penal code. “Yes it is,” the officer said. When the police officer asked Deffert if strolling down the road with a gun was what he enjoyed doing on a Sunday afternoon, Deffert replied simply, “It’s not against the law.” Deffert stated multiple times that he was just walking and had not broken any laws. He was on his way home from the New Beginnings restaurant.

How to hide your guns, and other off grid caches…

Said Moe during the open carry stop:

You’re talking to yourself. You’re going down the road here with a loaded handgun. Could I just think, maybe, you might be some kind of a nut? You’ve got everybody fired up around here today.

The law enforcement officer went on to state that he needs to review Deffert’s mental health and criminal history before letting him go. Of course, if annoying people is cause for even temporary detention, then America’s First Amendment rights could be in as much jeopardy as are their Second Amendment rights.

As previously reported by Off The Grid News, a war veteran was wrongfully arrested in Colorado for openly carry his handgun in a public park. A settlement was reached in the lawsuit sparked by the arrest, but the terms of the agreement were not disclosed to the public. A Texas veteran was also arrested last year for legally openly carrying a rifle while on a hike near a roadway with his son.

The Grand Rapids police officers ultimately released Deffert and no charges were levied. City Attorney Catherine Mish supported the actions of the law enforcement officer. She called his response to the open carry stop “very reasonable” and argued that the gun owner was “talking to himself near a church service.”

Steven Dulan, Deffert’s attorney, stated during an MLive interview that the gun owner’s Second Amendment rights were violated when he was unlawfully detained by the Grand Rapids police officers. The city of Grand Rapids wants the open carry lawsuit dismissed based on the “reasonable suspicion” argument of the police officer.

The Second Amendment will quickly become meaningless if law-abiding citizens are stopped, searched and investigated on a whim simply because they exercised their right-to-bear arms.

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  1. All I can say is the fat ass city cop should be happy he is still alive

  2. Wake up People!! What we’ve known is coming for a long time is now about to over take us. It’s time we stopped doing what we are doing and get things right. We can’t just sit back and take it easy anymore. Only we can prevent it from happening. First, there was Oklahoma City, then 9/11, then Katrina. Now this. What’s next? We have got to work together or it’s over for our kids and all future Americans. We all know this began when Ike was elected President with help from the big European money machines who just wanted a piece of America. He got his interstate highway system and the first step was taken. JFK, RFK, MLK died and who lied about it? Everybody who knew. Nixon’s daughter married Ike’s grandson and we got another generation closer to the end. Carter almost blew the top off, but that rabbit did him in. 8 years of Reagan, 4 for Bush Sr., then 8 for Willie and who steps in??? That’s right — Bush, Jr. and the final key was turned. They got their man Obama in and leading the way and this is our last chance. Well, I’m not going to take it sitting down and you shouldn’t either. Our kids are next and no one cares.

  3. I hope he wins the lawsuit and all those sorry bastards that are sworn to uphold the constitution are fired. Crap like this is getting out of control. My sister got bit by a dog who’s owner was a cop. The dog had not had rabies vaccination in over two years, then he tries to bully her by getting his friends to take a report ( who are city cops) when this happened out in the county. He also tries to bully her doctor into not reporting it to health officials. He is screwed though got a good lawyer that told him straight up I’ll see your ass in court and that was a direct quote from the lawyer.

  4. So talking to yourself makes you suspicious, or crazy? Maybe he was talking on a Bluetooth device, those nuts get me every time. Maybe we should arrest everyone that appears to be talking to themselves, that should keep the cops busy! What happened to common sense anyway? Is there none left? Is it becoming routine to put citizens to the ground and detain them for suspicion? What has happened to our law enforcement?

  5. As another law-abiding citizen, I want to know how police or anyone else can know if armed people walking down the street are criminals or have been granted the legal right to open carry? And does either instance make one or the other less dangerouse?

    I don’t see how we can expect any reasonableness with this new right. What I see is unavoidable mayhem. I will be just as fearful of the “good” or “bad” guy if I take a walk down the street and see an openly armed person. My fear knows no discrimination, as I have no way to know his intent. All I know is that he wants to strut his 2nd Amendment rights!

    • Good Morning CLee –

      Just a couple of things regarding your comments.

      First, I am not sure if you are from Michigan, but everyone in Michigan who may legally Own/Possess a firearm has the right by law to “Open Carry”. Granted, that means that the firearm may not be concealed AT ALL and may not be “brandished”. The average person in Michigan need not be GRANTED the right to open carry.

      Second, I just don’t have any idea why you are so afraid of a person with a firearm. A firearm is no more dangerous than a car going down the road at 30 or 70 MPH. Matter of fact, I think more people are killed by automobiles than guns per year. I hope I don’t have to worry about the “intentions” of every driver that passes me on the road. And i don’t understand the “strut” comment. If someone has the right to do something, why then is it “strutting”. Do I think that the issue of carrying a firearm is being purposely “put out there” by some folks? Yup, Sure. Just because a large number of people CHOOSE not to does not make it illegal. If a person is waving around a firearm, his intentions may be suspect depending on the situation (such as justifiably defending himself or others). But if the firearm is holstered, there is no intent to harm others implied. What others may assume based on their own interpretation of the laws and personal experience/preferences is an entirely different matter.

    • CLee. I would suggest you arm yourself if you have fear. I walk my dog concealed and I am now thinking of walking him open carry. I invite the day a LEO stops me and questions by Constiutional right to carry.

      • I support your right to conceal carry under the granted right. Are you certain you want to go the way of open carry, legal or not? Might want to have that conversation with the local police before you do and get some feedback before doing so. It’s cheaper if there is understanding and no confrontation. There may be lesson for the police if there is a conflict of opinion but misunderstanding can be dangerous or even deadly…Talk to the police don’t make them an enemy. I have several friends on our local Wisconsin police force and would value their opinion in this sit-rep. Open carry is legal here but not smart. We are quasi-liberal city by definition but I also respect the opinions of those who fear guns. Education is a far friendlier way to go than confrontation. Conceal carry is always a better option, for those who fear the presence of weapons, as has been my experience…

  6. Given that shootings are committed by cops all of the time maybe we should start calling the cops on cops for open carry.

  7. He was talking to himself? Simpy because you saw his lips moving? How do you know he wasn’t singing? Even if he was talking to himself that doesn’t make him crazy or dangerous. Lots of people think out loud to organize their thoughts or plan their day. It is in no way indicative of a crazy or dangerous person.

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