.
Feedback

Witness: Troy Teen Arrested for Carrying Rifle 'Was in His Legal Right'

Troy High senior Sean Michael Combs, 18, was arrested Friday in downtown Birmingham after he was found carrying a loaded M1 Garand rifle.

It was a warm Friday night in April, and senior Sean Michael Combs was  enthusiastic about the rifle he received a month earlier as a gift for his 18th birthday, so he decided to carry it with him when he headed to downtown Birmingham with a friend.

Combs' choice to carry the M1 Garand slung over his shoulder resulted in his an experience his close friend Lia Grabowski calls "terrifying."

Grabowski spoke up on Combs' behalf Monday, saying her friend "was in his legal right" when he was arrested.

Grabowski, 17, also a senior at Troy High, said she was with Combs at the time of his arrest Friday and witnessed Combs' exchange with police. 

“We were just walking down to Birmingham," Grabowski said. "We weren’t doing anything. There were groups of kids walking around.

"He’s a huge supporter of open carry and the right to bear arms, and he thought he could legally carry. He wasn’t going to use it on anyone. Obviously, he could have defended himself, but he wasn’t looking for a fight.”

Grabowski said she and Combs were approached by a few teenagers who asked if his rifle was real, though "nobody was afraid, and everyone was kind of curious."

Then, the pair was stopped by a police officer, who asked to see Combs' driver's license, Grabowski said. Combs declined, and moments later, two more officers arrived and arrested Combs as he reached to produce his identification, according to Grabowski.

"He was in his legal right," Grabowski said. "He refused to give him his ID, but not rudely."

Grabowski said she does not agree with the actions of the Birmingham Police officers, adding that the experience was "terrifying."

Combs is a four-year member of the , serving as one of its captains this past season. He was also on the track team for three years and ran indoor track for two years.

"I can kind of understand the fact that he’s an 18-year-old, and he doesn’t really look 18, but he was completely within his legal right and they did not have a right to arrest him. ... They had what they asked for, and they arrested him anyway."

"We understand long gun open carry to be lawful" in the state of Michigan, said Phillip Hofmeister, president of Michigan Open Carry, Inc., though he added that the group does not advocate open carry of long guns. Also, according to the group's website, "under no legal obligation are you required to talk to a police officer or produce identification of any kind if you are not being detained."

Combs declined to comment Monday without his attorney present. He is scheduled to be arraigned May 2 on charges of disturbing the peace, brandishing a weapon and obstructing an investigation.

Birmingham Police could not be reached for comment Monday evening.

PavePusher April 19, 2012 at 11:43 pm
@ Alan Stamm: "...who are we to say what police on Merrill Street four nights ago should or should not have done?"
We are the Citizens, the People who make the laws and employ police to enforce the laws, not act at whim. Police do NOT get to make things up as they go along.
PavePusher April 19, 2012 at 11:47 pm
Hopefully, you will soon be arrested for speaking in public. I don't care if it's legal or not for a half-wit to speak freely. Let a judge decide that; the cops better get your ass off the street.
Michael De Santis April 20, 2012 at 01:17 am
Bravo Birmingham Police Department keep up the good work!
Bob Dobalita April 20, 2012 at 01:26 am
Please tell me, amused observer, how the police reaction would ensure the safety of ANYONE? Just as you stated, Mr. Combs could have at any moment shouldered the rifle and shot someone. Similarly, Mr. Combs could have concealed the rifle under a long coat, or carried a shorter rifle, or even pulled out a machine gun and mass murdered 50 people. Point being, that someone who wants to kill a bunch of people is going to one way or another, especially if they don't care if they die.
You can't prevent that kind of crime. You can, however, remove liberties and try to give the ILLUSION of safety and violate people's rights and take away freedom. It is clear which side you are on. Keep burying your head in the sand and pretend you are always safe and mommy govt. will keep you safe. Meanwhile, we will be responsible for ourselves and our own protection. kthx.
stainless1911 April 20, 2012 at 02:36 am
We have a Bill of Rights, not a Bill of Needs.
Oh, and the whackjob thing. In order to purchase a gun, you have to udergo a federal background check, and um, the feds dont let whackjobs buy guns. Dipshit.
Kyle G. April 20, 2012 at 03:25 pm
It's good work for the police to violate the Rights of the citizens now?
Jeffrey Sizemore April 20, 2012 at 08:59 pm
the reason people are afraid of open carry is because they never see it. whenever you see someone walking down the street with a gun, you freak out. you're not used to letting a random stranger have that kind of power in public. that doesn't come from knowledge, it comes from fear. the ones that will shoot you don't have a registered weapon. “Fear always springs from ignorance.” Ralph Waldo Emerson
Jeffrey Sizemore April 20, 2012 at 09:15 pm
http://www.youtube.com/watch?v=u2mqqCMu-LM
Alan Stamm April 21, 2012 at 10:32 pm
Sean makes better decisions lately, presumably with parental and legal guidance. His Facebook page, which had been on full public view as recently as Wednesday, has been taken down.
Content included a January photo of his new M1 Garand lying across two kitchen chairs, captioned "new member of the family," and a YouTube video of someone else demonstrating that model's firing power.
oldfart April 24, 2012 at 10:46 pm
"...are cowards who flaunt a big gun to conceal the petiteness of their genitalia."
I'm much to polite to ask how you became an expert in this field.
Fred Ferrett April 25, 2012 at 12:11 am
And every individual I've seen openly carrying, which is their legal right, was simply doing so because we have that right. We don't have to justify our actions just as you don't have to justify what kind of a vehicle you drive. This is still the United States of America. If you knew how many people you pass on the street that were legally carrying a concealed weapon you would probably pee your pants. Your illogical fear of firearms and your subsequent "fear projection" is a personal problem so stop trying to make it ours.
Fred Ferrett April 25, 2012 at 12:18 am
I too applaud your desire to carry items for personal defense. May I make a suggestion tho? Take a firearms training course then get yourself a concealed weapons permit and then find a nice handgun which you feel comfortable with and carry it in your purse. It certainly beats the heck out of a machete or "throwing stars" since I don think you've been adequately trained in either one of them. Good luck Jenny and stop by and let us know what your choice of firearm was........
Fred Ferrett April 25, 2012 at 12:41 am
I would disagree with you. The sooner the people here in Michigan start exercising their right to open carry the sooner the people in this state will get used to it. It works in Arizona.......As far as your experience regarding "radical open carry proponents", what do you care what they display as long as they're not breaking the law and shootin' folks in the street? And as far as I know, that has never been the case has it? I started carrying a .22 rifle a year after I started driving the farm tractor at the age of 8 so I guess I have a different mental attitude about firearms than you do. I truly feel sorry for you, city living and its subsequent chickification of males has ruined this country......
John Jacobs April 25, 2012 at 04:15 pm
Fred Ferret is right on. Well put Sir.
John Jacobs April 25, 2012 at 04:23 pm
@ MDT48302,
You might be aware, that you are discriminating based on the type of firearm and age of the person who was carrying it. In an age that we are supposed to be against discrimination, it's something to think about. Also, bolt actions, 1911's, USAF .38's, etc, are all "military weapons" and are carried everyday in the woods and on the streets, you just don't see them. Know that they are there, relax, you'll probably see them more and more. Remember, an armed society is a polite society. It's nothing to argue, it's just science.
John Jacobs April 25, 2012 at 04:30 pm
@ Troy Walls,
I think everyone understands why Detroit takes jabs and is used as a negative example, the city is full of corruption, ignorance, violence and entitlement attitude.
John Jacobs April 25, 2012 at 04:42 pm
@ Bruce,
Don't know your age, but you are obviously being condesending to James by calling him "kid" and in the tone of your message. I wish more young people were as articulate and able to put together a well put statement as he did. Here's the reality, judge the situation by the actions. It's called situational awareness. Read Sean's body language. Did he seem to be carrying himself in a tense manner? Did he seem to be aggrivated? Etc. Etc. These are things professionals and concerned citizens get training in. Those are things that give you the ability to judge a situation, see if an attack is about to happen, etc. Body language tells everything. Most people don't know how to read body language so they resort to reading circumstancial items that can and are misleading in a situation. Once you learn to read body language and or go after certified training, you end up seeing much more about a situation. Things that alarmed you before, might not alarm you anymore and vice versa.
John Jacobs April 25, 2012 at 05:41 pm
@ GambitofTroy, very well put
TroyTaxpayer May 1, 2012 at 08:02 pm
Thanks for the link, really the only post that matters here!
Tellit Likeiseeit May 2, 2012 at 06:22 pm
Can I get a list of all the legal things I might be arrested for in Birmingham? I work in Birmingham, and I would like to avoid arrest. If some representative from the Birmingham police would post such a list, I would greatly appreciate the info!
SwissMiss May 3, 2012 at 06:52 pm
There's a difference between the law and tasteful conduct. There's a reason that the right to carry is protected, and it's not so that someone can show of on a leisurely stroll through a crowded town where they know that most others present are unarmed. Classy move, buddy. Is this what your parents had in mind? Or are you simply trying to stir the ages-old pot?
sweetness and light May 4, 2012 at 03:41 pm
One of the cited violations was Disturbing the peace, which is defined in B'ham ordinances as:
"Sec. 74-156. - Breach of peace.permanent link to this piece of content. Any person who shall make or assist in making any noise, disturbance, trouble or improper diversion, or any rout or riot, by which the peace and good order of the city are disturbed, shall be guilty of a breach of the peace, and disorderly conduct." (Code 1963, § 9.102(27)) "Disturbance, trouble or improper diversion" and "good order" are pretty vague, and it does appear that other young people gathered around the 18 year old with the firearm, and at least one, Grabowski, was identified as being a minor. If a fair number of those gathering around were minors, the Police's case that this was an "improper diversion" would likely be strengthened. If the 18 year old allowed one of the minors to hold the weapon, there would be a plain violation of firearms possession rules, and the Police could argue that they need not wait for that to happen in an environment where minors were present and clearly interested in the weapon, but could intervene to prevent it from happening. So, I wouldn't be so confident these charges will be dropped.
sweetness and light May 4, 2012 at 03:43 pm
Another cited violation related to "brandishing." The B'ham ordinance says:
"Sec. 74-211. - Brandishing. (a) No person shall, except as provided in subsection (b) of this section, knowingly brandish a firearm in public." Brandishing is undefined at Michigan law. Was he showing the weapon to minors? Carrying it in a threatening manner? Don't know about the obstructing violation. It is also possible that there was a violation of the prohibition on causing alarm, which is defined as: "Sec. 74-164. - Causing alarm.. (a) No person shall loiter or prowl in a place, at a time or in a manner under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (b) Among such circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Note refusal to identify may be considered by the Police. For above, see http://library.municode.com/index.aspx?clientId=10445
sweetness and light May 4, 2012 at 03:43 pm
Finally, I don't know the law in B'ham, but in many cities, the owner of the sidewalk is NOT the City, it is the owner of the adjacent property, and it is clear that private property owners can prohibit an individual from carrying a weapon on their "land or premises". If that is the law in B'ham, and if an owner had posted a "no forearms" notice, there would also be a violation of the criminal trespassing law. http://www.legislature.mi.gov/%28S%28nqdqbo3qzxjakba2mmqsh145%29%29/documents/mcl/pdf/mcl-750-552.pdf
Rick June 12, 2012 at 07:22 pm
There is the law and then there is common sense. Mr. Combs may have been within his legal rights but common sense says you do not need to have a round in the chamber to show off your new weapon to your friends. In fact that is about the stupidest thing I have ever heard of. He should have left the ammunition at home. I own guns, I believe in the right to bear arms and I was taught by my father how to be a RESPONSIBLE gun owner. Too bad this kids father couldn't do the same for him.
GambitofTroy July 12, 2012 at 05:55 pm
Nice try -- LOL!
PavePusher July 13, 2012 at 04:47 am
Rick, what good is an unloaded gun? As far as I can tell, he wasn't "showing off ...to friends". Quite the opposite, he was not acting oddly, he was within the law, and had no legal or moral obligation to carry any government issued ID, let alone give it to police who stopped him unConstitutionally.
Your parent did NOT teach you "how to be a RESPONSIBLE gun owner", it appears that he taught you to be a flaming hypocrite and judgemental authoritarian. Good luck with that.
sweetness and light July 18, 2012 at 02:01 am
GambitofTroy
1:55 pm on Thursday, July 12, 2012 Nice try -- LOL! Not sure I understand this. You said "99% of the time these cases end up being dropped", I said "I wouldn't be so confident these charges will be dropped." The charges were not dropped; four counts went to trial and two made it to the jury, which found Combs not guilty. Evidently, the jury did not find, as a matter of fact, that he had disturbed the peace or brandished the weapon. Another jury might have found differently. Nice try on your part to reframe the issue, though.
M&P9 Pro October 18, 2012 at 06:03 pm
actually it was three counts, judge dropped one and wouldnt touch the others for political reasons. maybe you should get your facts right before commenting.
sweetness and light October 28, 2012 at 01:41 am
Sorry M&P9 Pro, my point is still correct. GambitofTroy said "99% of the time these cases end up being dropped." But the fact--and I do mean fact--is that either 2 of 3 or 2 of 4 of the counts went to jury (maybe 1 count was dropped by the prosecutor before it went to court). Contrary to what GambitoftTroy predicted, those 2 counts were NOT dropped; they were submitted to the jury, and it was up to the jury whether to convict the defendant. The jury ultimately acquitted the defendant, but that does not mean the charges were dropped, which was my point. Once something goes to a jury, the jury has the power to acquit or convict, and juries are notoriously unpredictable. This jury took some time deliberating 1 count, so apparently it did not find that count easy to decide. I have no idea what you mean when you say the judge "wouldn't touch the others for political purposes." The judge submitted those 2 to the jury in accordance with the law. It was a jury trial. Nothing odd about what the judge did.

Newsletter & Alerts

Get the best stories each day and important breaking news

Subscribe

Not from Troy Patch? Find your Local Patch »

Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Dunham's Sports new headquarters at 5607 New King Drive in Troy, Michigan.
Ray Smith June 14, 2013 at 02:24 pm
It would have been nice to know where those companies are moving FROM.
Rick Wochoski June 14, 2013 at 03:07 pm
Good news for Troy. And hopefully they'll be hiring some new workers, too.