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Open-carry advocates convicted on 'silliest' technicality, attorney says


Two men walked into the Dearborn Police Department on Feb. 5, one of them openly carrying a rifle slung over his shoulder, the other with a video camera and tripod.

Chaos ensued.



A jury on Friday, July 7 convicted both men of illegally carrying a concealed weapon, which is punishable by up to five years in prison, but not due to their actions at the police station, said attorney James J. Makowski, who represents Baker.

But from a video showing him putting a rifle in the trunk of a car. What that video actually shows is up for debate, and appeal.
 
ridiculous.


:eek:

if you put a loaded rifle into your car and drive down the road that is against the law. You are that point concealing the loaded rifle and there is no such thing as a "concealed rifle permit." However ridiculous a law may be it is still against the law to break it and charges can be filed against you when you do.

I'm indifferent on this case. In one hand there is the banner of "right to bear arms everywhere unrestricted" on the other hand, those guys were complete asshats. You have a right to bear arms. I fully love and support that right, but slinging a rifle to walk down and into the police station is asking for problems.
 
i agree. its dumb as hell to go walkin into a police station with a rifle (loaded or unloaded) either way. what is the point? what in the world are you trying to prove? that LEO will react? and not in a positive way?? Dumb. thy dont know your intentions. cant read your mind and who knows... one wrong move and their training could take over and you'll find yourself 6 feet under. a LEOs job is hard enough.

there are things that you can do... and things that you can do...but shouldnt do... for example: just because its OK to open carry a loaded pistol in oregon as long as you have a CHL(which i think is BS too) i never would...unless im in a rural part of oregon. i do NOT want the attention.

for the record, i dont agree with being unable to have a loaded rifle in the car. its complete BS IMHO.

what i was referring to in my post was that the whole situation is ridiculous. not one side or another.
 
if you put a loaded rifle into your car and drive down the road that is against the law. You are that point concealing the loaded rifle and there is no such thing as a "concealed rifle permit." However ridiculous a law may be it is still against the law to break it and charges can be filed against you when you do.

Fortunately, there is no such state law in Oregon. In most places, you can carry a concealed and loaded AR-15 in your vehicle.

.
 
Pretty sure it's all up to the states, but what do I know.

I also thought OC was legal w/o a CHL in Oregon, except multnomah county... not that it is necessarily smart. Seems like something for camping or on the farm (rural).
 
if you put a loaded rifle into your car and drive down the road that is against the law. You are that point concealing the loaded rifle and there is no such thing as a "concealed rifle permit." However ridiculous a law may be it is still against the law to break it and charges can be filed against you when you do.

I'm indifferent on this case. In one hand there is the banner of "right to bear arms everywhere unrestricted" on the other hand, those guys were complete asshats. You have a right to bear arms. I fully love and support that right, but slinging a rifle to walk down and into the police station is asking for problems.
Slow down there big boy,here in Constitutional Carry Idaho,we can in fact carry a loaded rifle in the trunk.
Do you know if this is illegal in Michigan? Have you the state laws showing if a 'concealed rifle permit' is necessary? Are you for sure that there isn't one in Michigan?
All questions we need answered here.
 
Wow, I had no idea. I thought the inability to have a loaded long gun in your car was nationwide.

No, it is state by state. And Oregon's law only addresses handguns. Consequently, long guns like rifles or shotguns are not affected here in Oregon.

The only aspect where national gun laws come into play here in Oregon is with the Federal legal restrictions on the minimum lengths of rifles and shotguns. So as long as a shotgun has a barrel at least 18 inches long, and an overall length of 26 inches, it can be legally carried loaded in a vehicle in Oregon. For rifles, they must meet the Federal minimums of 16 inches for the barrel length, with an overall length of again 26 inches.

.
 
No, it is state by state. And Oregon's law only addresses handguns. Consequently, long guns like rifles or shotguns are not affected here in Oregon.

The only aspect where national gun laws come into play here in Oregon is with the Federal legal restrictions on the minimum lengths of rifles and shotguns. So as long as a shotgun has a barrel at least 18 inches long, and an overall length of 26 inches, it can be legally carried loaded in a vehicle in Oregon. For rifles, they must meet the Federal minimums of 16 inches for the barrel length, with an overall length of again 26 inches.

.

So for example, as a Washington resident, I couldn't CC a pistol in Oregon because I don't have an Oregon CHL, but I could keep a loaded long gun in my car?

That's a bit hilarious.
 
Most gun laws make little sense. They are a hodge·podge of stuff that has been put together over decades. When "gun control" first got going hand guns were the most "evil" to most. Since they were easier to "hide" they often got treated a lot different.

Well, I suppose if it's illegal for me to CC a pistol in my neighbor state of Oregon I'll just have to transport a loaded Tavor in my car and Open Carry it with a sling over my back when out in public since I don't want to break any laws with a handgun!!!
 
This whole thing is Fd up from start to finish. The pair are total idiots. Seriously, WTF:
On Feb. 5, Baker was wearing a military-style rifle slung across his shoulder, a side arm and a balaclava mask when he and Vreeland, who was unarmed and operating camera equipment, walked into the Dearborn Police Department.

By the same token, the law was used in a totally vindictive manner and twisted to fit an outcome desired by the authorities:
Although Makowski said the weapon was unloaded and locked in the trunk, as required by Michigan law, it wasn't clear if it was also in a gun case, which is yet another requirement to transport a gun in a vehicle without a concealed pistol license.

But Makowski further argues Baker legally should have had a valid concealed pistol license at the time, which would make the manner of transporting the gun legal.

Baker obtained a CPL license in early 2015, but was later charged with disturbing the peace resulting from his involvement in an open-carry march in Wayne County. His CPL was revoked while the case proceeded.

The charges were later dismissed and Makowski says the CPL should have been immediately reinstated in August 2015.

And for people who value the 2nd amendment, fruitcakes like this are doing us absolutely zero favors. They make it really easy for people to leap to the assumption that enough gun owners are dangerous freaks and morons, that "something must be done." Rather than further our rights, people will see things like this and think "wow -- if open carrying a rifle while masked isn't illegal now, it sure as hell ought to be", and then go on the warpath against the 2A. Makowski's pushing up against the edges of the law like this will just lead to laws changing for the worse.
 

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