Police Overreact To Man Openly Carrying A Handgun. Instead Of Investigating They Take Excessive Force. Grand Rapids Should Lose In Court.

See video of open-carry gun advocate's confrontation with Grand Rapids Police that sparked lawsuit

Grand Rapids Police stop man openly carrying handgunThis video is an edited version of a 14 minute encounter between Grand Rapids Police and Johann Deffert. Deffert filed a federal lawsuit against Grand Rapids police after he was detained for openly carrying a holstered handgun on March 3, 2013 on Michigan Street NE near Lakeside Drive. Police officer William Moe was first on the scene after being dispatched there.

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By John Agar | jagar@mlive.com 
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on January 10, 2014 at 11:36 AM, updated March 27, 2014 at 5:38 PM

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GRAND RAPIDS, MI - A police car dash cam video obtained by MLive and The Grand Rapids Press shows the encounter between Grand Rapids Police officers and open-carry advocate Johann Deffert that sparked a federal lawsuit.

Deffert's suit - filed in U.S. District Court in Grand Rapids - is against the city, Police Chief Kevin Belk, Officer William Moe and two other officers.
In response to request for video of the encounter, the city has released in-car video of the March 3 incident. The camera view shows only a portion of the encounter, but it captures extensive audio from the day in question.
Responding to a report of a man with a holstered handgun, Moe stopped his patrol car on Michigan Street NE near Lakeside Drive.
“It does look like he’s got a handgun on,” Moe told a dispatcher.
The man was also "talking to nobody.”
Traffic on Michigan stopped as Moe, weapon drawn, ordered Johann Deffert, 28, to the ground.
“Do not move,” the officer said. “Why do you have a handgun on you?”
“It's my constitutional right to defend myself.”
Related: Listen to 911 caller report Grand Rapids man with holstered gun; federal lawsuit follows
Related: Lawsuit: Gun owner says Grand Rapids police wrongly detain him for openly carrying pistol

Related: Grand Rapids police respond: Man detained for openly carrying firearm was acting 'oddly' outside church service

"Is that what you do on a Sunday, you want to stroll down the road? " an officer said to Deffert.

City Attorney Catherine Mish characterized the police response as “very reasonable.” Police said Deffert was acting oddly and talking to himself near a church service.
Deffert’s attorney, Steven Dulan, who is also spokesman for Michigan Coalition of Responsible Gun Owners, said Deffert’s constitutional rights were violated when he was unlawfully stopped by police.
The city earlier released a recording of a woman’s call to 911 about a man with a gun. The dispatcher told the caller that it was legal to openly carry a handgun, but dispatched police to investigate a “suspicious person” with a holstered firearm.
As Moe held Deffert, Deffert repeatedly said he was not a felon and he could legally open carry. State police say open carry of firearms is not illegal as long as the firearm is carried with lawful intent and not concealed.
“It’s illegal for you to stop me for it in the state of Michigan,” Deffert is heard saying in the recording.
Later, he said he was just walking home after having breakfast at New Beginnings restaurant.

“I’m not breaking a law. … I’m just walking.”
The officer responded: “You’re talking to yourself. You’re going down the road here with a loaded handgun.Could I just think, maybe, you might be some kind of a nut?"
A little later, an officer said: "Is that what you do on a Sunday, you want to stroll down the road? "
Deffert said: "It's not against the law."
Shortly before Deffert was released, he officer said, “Well, you've got everybody fired up around here today.”
“Excuse me?” Deffert said.
“You’ve gotten the people fired up around here today. Why do you think I’m here?"