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Federal Civil Rights suit filed in Michigan over 'open-carry' ordinance

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huskergun:

Federal Civil Rights suit filed in Michigan over 'open-carry' ordinance
2009/05/12
Law Offices of Steven W. Dulan, PLC - www.stevenwdulan.com
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May 12, 2009

FOR IMMEDIATE RELEASE:

The Law Offices of Steven W. Dulan, PLC announces federal civil rights suit against City of Grand Haven and Ottawa County over open-carry ordinance.

The suit, brought under Title 42, Section 1983 of the U.S. Code, was filed on behalf of Christopher Fetters, an off-duty Air Force Security Officer who was attending the Coast Guard Festival in Grand Haven last year. Mr. Fetters was openly carrying a holstered pistol, which is legal under Michigan law, as in most states. He was arrested and detained and charged with a violation of a Grand Haven city ordinance prohibiting open carry of firearms. His gun was initially seized, although it was later returned.

Michigan law prohibits local units of government from making any law with respect to firearms, (MCL 123.1102.) The public policy goal of the statute is to provide a uniform system of gun laws statewide so that citizens do not have to guess regarding what local rules might exist as they move from one locality to the next.

The complaint alleges, among other issues, violations of Mr. Fetters' civil rights under the 2d, 4th, and 14th , Amendments to the U.S. Constitution, and Article I, Section 6 of the Michigan Constitution, which reads, "Every person has a right to keep and bear arms for the defense of himself and the state," when he was physically restrained, disarmed, and subjected to verbal harassment and ridicule by law enforcement personnel.

Criminal charges were later dropped by the Grand Haven City Attorney's Office, after being informed of the unenforceability of their ordinance. No allegations were ever made that Mr. Fetters ever threatened anyone, or in any other way disturbed the peace on the day of his arrest. He is demanding damages for violation of his civil rights as a citizen of the United States and of Michigan.

The case has been filed in the U.S. Court, Western District of Michigan in Grand Rapids and has been assigned Case Number 1:09-CV-00190.

-END-

Steven W. Dulan is a current member of the Board of Directors of MCRGO

wrenrj1:
I doubt this'll go anywhere past someone having to pay this lawyer $.  The cops were enforcing a city ordinance on the books, right or wrong, they were doing their job. When it was reviewed the city realized that it was in the wrong and dropped the charges and returned his weapon.  A public apology would be nice however a civil rights violation IMHO is a bit much.  They won't win, and if they do, it'll just cost the tax payers.

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