Posted on Mon, May 24, 2010 : 2 p.m.
Man arrested after gun found outside The Fifth Quarter, Ann Arbor police say
By Lee Higgins
An Ypsilanti Township man was arrested this morning after Ann Arbor police say he got into a fight inside The Fifth Quarter, motioned to indicate he had a gun, then left a handgun on the ground outside the bar.
The 20-year-old man didn't have a permit to carry the gun, police said.
Police say they also found a small amount of suspected marijuana on the man after responding to a 911 call at the South Fifth Avenue bar at 1:38 a.m.
Police say the man motioned he had a gun as he and two others were being escorted out of the bar by bouncers. The three had started a fight on the dance floor, police said.
Officers located the man shortly after they arrived. The case will be reviewed by prosecutors for possible criminal charges.
Comments
Merkava
Tue, May 25, 2010 : 11:12 a.m.
what's the debate? this guy committed several crimes 1) CCW (which means carrying a weapon concealed without a CPL) 2) Brandishing (when he threatened security) 3) Possession of an illegal weapon (I highly doubt it was registered) Not to mention he left an unattended pistol on ground on a public street. If anyone was hurt as a result that would have been reckless endangerment or worse. For some reason I doubt much will come of this. Apparently in this county you can shoot a family member, leave them for dead and get away with a couple weeks of time served. Stay safe, everyone.
Ricebrnr
Tue, May 25, 2010 : 9:15 a.m.
@JE, it is leage to open carry in a bar WITH a CPL. more details here: michiganopencarry.org/node/4 Hope that helps but I don't see in the article that the man was openly carrying anyway. Even so being underage he was not legal to do so in a bar as he could not have a license. All in all a terrible article with little details and many questions still remaining. Such as the guy left the gun on the ground and then what??? He left it there and went away until he was arrested? I don't understand how these articles are written and/or reposted. I thought in journalism school the first thing they teach is who, what, where, when and why.
tdw
Tue, May 25, 2010 : 8:23 a.m.
@JE you still have to get a perchase permit to buy a handgun from a priviate person,and you have to regester it.You have to be 21 to do both.It used to be the way that you stated but not any more.You have to get a permit even if you inherit a handgun from a relitive. On a side note why can't A2.com add a spell check to this site?
Awakened
Tue, May 25, 2010 : 7:31 a.m.
Actually MCL 28.425o does allow some CPL holders to carry in prohibited zones. Retired cops, private eyes, retired judges, etc. All law enforcement related. As for Brandishing... Mirriam Webster- Pronunciation: \bran-dish\ Function: transitive verb 1 : to shake or wave (as a weapon) menacingly 2 : to exhibit in an ostentatious or aggressive manner synonyms: see swing I think just having it on your hip doesn't qualify. But the bar could refuse you entry in Michigan.
JE
Mon, May 24, 2010 : 11:54 p.m.
ok one last post- http://www.michigan.gov/documents/msp/CPL_Quick_Reference_Card_-_01-07_revision_284262_7.pdf Pistol Free Zones (does not include parking areas) Concealed pistol license (CPL) holders shall not carry a concealed pistol into the following establishments: School property, except parent or legal guardian who is dropping off or picking up child and pistol is kept in the vehicle. Liquor serving establishment, where the primary source of income is the sale of liquor by the glass consumed on the premises, except owner or employee. Dormitory or classroom of a college NO EXCEPTIONS. Entertainment facility with more than 2,500 seats; sports arena or stadium of any size NO EXCEPTIONS. Church, synagogue, mosque, temple, or other place of worship, except if authorized by presiding official. Hospital, casino, child care or day care (public or private) Violation for carrying in a Pistol Free Zone: - 1st Offense = State civil infraction 28.425o(5)(a) - 2nd Offense = 90 day misdemeanor 28.425o(5)(b) - 3rd Offense = 4 year felony 28.425o(5)(c) Note The pistol free zones do not apply if the Exempt from Pistol Free Zones box is checked on the CPL license. Carrying Concealed While Under the Influence A peace officer with probable cause to believe the CPL holder is under the influence of alcohol or drugs or has any bodily alcohol content may request a test. Chemical testing and collection shall be done in the same manner as OWI violations. Arresting officer must immediately notify the gun board that issued the CPL, usually through the prosecutors office of that county, of any refusal to submit a chemical test or if results prove any bodily alcohol content SEIZE THE PISTOL: -.02 -.079 = state civil infraction 28.425k(2)(c) -.08 -.099 = 93 day misdemeanor 28.425k(2)(b) -.10 or more = 93 day misdemeanor 28.425k(2)(a) A person in a vehicle, with bodily alcohol content, will not be in violation of the CPL Act if the pistol is: - Locked in the trunk. - If there is no trunk, then unloaded and locked in a container separate from the ammunition. ok thats it... if you believe you can legally carry a concealed weapon into a bar with a cpl,try it and call me from your cell. good luck.
JE
Mon, May 24, 2010 : 11:36 p.m.
ok here is the law- 750.234e Brandishing Firearm In Public Applicability; Violation As Misdemeanor Penalty. Sec. 234e. (1) Except as provided in subsection (2). a person shall not knowingly brandish a firearm in public. (2) Subsection (1) does not apply to any of the following (a) A peace officer Lawfully performing his or her duties as a peace officer. (b)A person lawfully engaged in hunting. (c) A person lawfully engaged in target practice. (d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. 750.227 Concealed weapons; carrying; penalty. Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, (except in his or her dwelling house, place of business or on other land possessed by the person.) (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, (except in his or her dwelling house, place of business, or on other land possessed by the person), without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license. (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00. if you need more read the law. it's quite interesting. i know what the law says. do you?
IHateA2
Mon, May 24, 2010 : 6 p.m.
@djm12652, No city, township, or county can make a law that prohibits open carry in the state of Michigan. They can only do that at a state level. @JE, If you have a CPL you can OPEN CARRY a gun into almost every PFZ (pistol Free Zone), this includes a bar. You just cannot carry it CONCEALED into a bar, and you cannot carry into a bar if you don't have a CPL. You don't need to have the box that reads "exempt" checked on the CPL either to open carry into a PFZ. The law states you can carry ANYWHERE in the state, except a licensee may not carry CONCEALED into a (PFZ's)". JE, Please cite where it states that you cannot carry into a bar while carrying openly with a CPL.
Lokalisierung
Mon, May 24, 2010 : 5:26 p.m.
"Thanks to Michigan's firearms pre-emption laws only the state can pass laws regarding firearms and open carry is allowed in the MI Constitution." That is an interesting fact I did not know. I like it.
Ricebrnr
Mon, May 24, 2010 : 3:59 p.m.
@ djm12652 Regarding open carry, while A2 is relaticely tolerant of this activity, "allowing" it or not is not a power they have. Thanks to Michigan's firearms pre-emption laws only the state can pass laws regarding firearms and open carry is allowed in the MI Constitution.
Lokalisierung
Mon, May 24, 2010 : 3:39 p.m.
"so how is it not involved?" Because reefer is a civil infraction and the other things are criminal charges?
clara
Mon, May 24, 2010 : 3:38 p.m.
JE hate to break this to you but it is legal for some with CPL to carry in bars, schools, and churches. They have a little check mark that says they are exempt from pistol free zones listed in MCL 28.425o(4).
JE
Mon, May 24, 2010 : 3:16 p.m.
"Ricebrnr, IHateA2, You are correct. You must be 21 to have a CPL, but you only need to be 18 to purchase a handgun from a private seller or recieve one as a gift. An 18 year old can also open carry a fireamr that is registered in their name without a CPL. " This is NOT correct! Even if you have a CPL it is illegal to carry a gun into a bar. I suggest you read the law. In the state of Michigan it is never legal to carry a gun into a bar. JE
djm12652
Mon, May 24, 2010 : 3:14 p.m.
@Freemind...the article states that the alleged perp had a small amount of "suspected" marijuana on him at the time of his arrest...so how is it not involved? Unless of course, he had a Medical Maryjane Card like the majority of burnouts I see hanging out on Main Street at the pot clinic... @IHateA2...does Ann Arbor allow "open carry"? I've only see a few in town that I know have Concealed Permits that have openly carried.
Freemind42
Mon, May 24, 2010 : 2:52 p.m.
@ricebrnr: Marijuana had absolutely nothing to do with this crime.
IHateA2
Mon, May 24, 2010 : 2:08 p.m.
Ricebrnr, You are correct. You must be 21 to have a CPL, but you only need to be 18 to purchase a handgun from a private seller or recieve one as a gift. An 18 year old can also open carry a fireamr that is registered in their name without a CPL.
djm12652
Mon, May 24, 2010 : 2 p.m.
And this is no surprise. I live downtown and when walking my dog later at night the "clientels" of this bar seem to be looking for trouble.
Ricebrnr
Mon, May 24, 2010 : 2 p.m.
Hmmm...I thought marijuana was a non violent, non addicting drug though? Isn't it supposed to mellow you out? Also point of clarification as a 20 year old he cannot have a CPL as the min age is 21. Speaking of which I'm sure he only went to dance at the club right? Surely a gun toting, drug abusing, gansta wannabe wasn't there to drink as well...