Man Spent Christmas Day in Jail for Carrying a Handgun on His Hip

A person can legally open carry without any kind of permit in the state of Michigan. But if someone wants to carry concealed, he needs a permit. I frankly don’t understand these laws or why any kind of government permit needs to be issued in the first place whether you want to wear a handgun hidden inside your pants or carry it out in the open on your hip.

This particular case highlights how stupid these laws are. There was a guy in Michigan who was walking around at night, and he was open-carrying his pistol. MLive reported:

McMorris, 21, claims that he was walking alongside Torrey Road near Bishop International Airport around 11:30 p.m. on Christmas Eve with his .40-caliber Smith & Wesson pistol openly carried in a holster on the outside of his clothing and coat when he was stopped by a Flint Township police officer.

Grand Blanc-based attorney Craig L. McAra, who represents McMorris, said his client lives near where he was stopped and was walking to the store.

A cop allegedly passed him once but didn’t see his gun. But then the cop decided to come back around for whatever reason and then saw that the man was carrying a gun on his hip. The cop decided that this was a violation, because technically, it wasn’t out in the open enough for the cop to see it the first time. Apparently, the guy’s coat was covering up his gun. When the man was stopped, he lifted his hands up in surrender, at which point his gun was perfectly visible on his right hip.

But it wasn’t good enough. The cop determined that since his gun was covered up by his coat, he needed a concealed carry permit, which the man didn’t have. As a result, he was placed under arrest and spent Christmas day in jail.

The man was released without charges.

What I don’t understand (besides the stupid arbitrary law) is why the cop came back around. Did he see the man’s gun the first time or not? What led the cop to believe that the guy had a concealed gun if he didn’t see it the first time? We don’t have video footage of the cop’s first drive-by, so we don’t know what he saw. Based on the arrest footage, there was no reason to stop this guy at all. This was an unreasonable, warrantless search and a false arrest.

For that reason, he’s suing for more than $25,000 for “civil rights violations, false arrest and malicious prosecution.” The case is pending in federal court.

The money is important, but something has to happen to the police who arrested him for having a self-defense weapon. Since hardly anything ever happens to the police in these types of situations, they’ll likely keep making these same arrests, because “it’s their job,” and they’ll “let the judge sort it out.”