Michigan man wins Open Carry fight.

For Jeff Haman of Warren MI, the outcome of an encounter with a Warren police officer in 2009 did not end up the way he had hoped.

Mr. Hammond claims that four of the city’s police officers violated his constitutional rights to openly carry a firearm. This encounter lead him to sue the city last year. Originally asking for $100,000 judgment and $500,000 in punitive damages he wound up agreeing to accept $5,000.

Found this article on the daily tribune:

“ On Aug. 25, 2009, Haman was walking from a local drug store on 12 Mile at Hoover roads with his semi-automatic pistol holstered at his waist, when a patrolman drove up to him quickly. Haman said the officer pointed a pistol at him through an open passenger window and then came to a stop. Haman said he immediately raised his hands. [He] was ordered to lie on his stomach, hands stretched to his sides. He was handcuffed and three additional officers in two patrol cars arrived. Haman said that when he asked officers why he was stopped, one pointed out that he was walking down the street with a gun.”

(“Okay…?  “so are you officer? We both are the same when it comes to open carry laws in MI?”)

“Police took his .45-caliber handgun and ammunition, and asked if he had documentation for the weapon. Haman said he showed a purchase receipt and a concealed-weapon permit, which is not required for open carry.  In a police video of the incident, an officer is heard telling Haman: “You should at least call us and tell us what you’re doing. Walking around like this is just going to get you hurt somehow. “You’re just asking for trouble, brother.”

Haman, who says he formerly held a federal license to sell firearms, said more people should understand their Second Amendment rights, and the provision of the Michigan Constitution that states: “Every person has the right to keep and bear arms for the defense of himself and the state.”

“I take that seriously — the defense of myself and the citizens,” he told The Macomb Daily

“I open carry primarily out of convenience,” Dunbar said. “It allows me to know I have the upper hand; I don’t have to rely on bravado to de-escalate a situation. Knowing that I do have the upper hand, I can be submissive in de-escalating a situation”

– I can’t say that I like all his points but hey he didn’t lose the case. Even though the $5,000 is a pretty sad settlement.

Now  Discuss……

 

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