Federal judge nixes open-carry suit by man disarmed and put on the ground by police
Under Michigan law, those who have legally purchased guns are allowed to open-carry.
But a federal judge said Grand Rapids police nonetheless acted reasonably by disarming and briefly detaining Johann Deffert in March 2013 after an alarmed 911 call from a passing motorist about a man on foot near a church in a residential neighborhood during a Sunday morning service, according to MLive.com and WOOD.
Officers arrived to find Deffert in camouflage pants, wearing a pistol with a laser sight in a leg holster and loudly singing “Hakuna Matata,” a song from The Lion King. Fearing that Deffert might have mental issues and pose a danger to himself or others, officer William Moe disarmed Deffert, put him on the ground and checked for a criminal record before releasing him.
“Officer Moe was justified in following up on the neighbor’s 911 call and using swift action to determine whether plaintiff’s behavior gave rise to a need to protect or preserve life or avoid serious injury, either of plaintiff or of others in the neighborhood,” said U.S. District Judge Janet Neff as she granted summary judgment to the city and dismissed the case. Deffert was detained less than 15 minutes, the judge noted.
In addition to asserting false imprisonment and a Second Amendment violation, Deffert’s lawyer, Steven Dulan, argued that his client’s First Amendment rights were violated because the open carry was intended to make a statement about the legality of publicly displayed firearms.
Neff was not persuaded, and noted that Deffert’s claimed message would have been clearer to others had he been carrying a poster or banner about gun rights.
“Even assuming arguendo that plaintiff’s intent after eating breakfast on March 3, 2013, was to carry his FNP-45 Tactical pistol with a TLR-2 rail mounted tactical light and laser sight in his leg holster to increase awareness on the topic of gun control, the court agrees with defendants that the record nonetheless does not support a great likelihood that the message would be understood by those who viewed plaintiff,” the judge wrote.
Related material:
Michigan Open Carry Inc.: “Open Carry in Michigan Without a CPL”
