Michigan Man Faces Brandishing Charge for Allegedly Displaying Gun

Michigan Open Carry
Michigan Open Carry

Michigan – -(Ammoland.com)-Today we received the following email:

I am currently fighting a Livonia Ticket for alleging I “Brandished” my Glock 19 in a Meijers [sic] Store located in Livonia, MI.

My Firearm was concealed under a safari vest and holstered to my body. During a conversation with the Store Manager with my spouse over a problem he saw my firearm and someone called the police. We left the store without incident after paying for our groceries.

We were surrounded by 6 police cars, I was handcuffed and thrown into a police car with no indication as to why….I was given a ticket for brandishing.

So let’s review:

  1. Man and wife shop together.
  2. Man has concern which he is addressing with the store manager.
  3. Manager sees man’s gun inside vest and the cops are notified.
  4. Cops surround, detain, handcuff, and ticket the man for brandishing (in front of wife).

Now it’s true, there may be more to this story.  Let’s assume the story is as simple as it is presented.

This may be the type of thing HB 5091 and HB 5092 is designed to prevent.  These bills passed the House by a vast bi-partisan majority (over 95% voting in favor).  Where are these bills?  These bills (which passed the State House back in March) are sitting on the Senate floor, awaiting for Senate Majority leader Randy Richardville to pick them up?  Why won’t Randy act? Probably because Richardville is being a “Good Republican” and holding back guns bills, just like his Republican Governor (Snyder) wants!

In the meantime, a possibly innocent man faces Charges in Livonia.  You can attend a hearing on his motion to dismiss.  Details below:

Date of Hearing: 10/23/2014
Time of Hearing: 9:00 AM
Address of Hearing: 16th District Court
32765 Five Mile Rd.
Livonia, MI  48154-3045
Name of Judge Hearing Case: Kathleen J. McCann
Case Name: People v Ponkey

There is one disputed fact in the case that might give rise to pause on supporting Mr. Ponkey.  According to his own motion to dismiss:

[The store manager] claims that Defendant approached him and said, “I know how to fix your cashier problem” before opening his jacket and showing Mr. Mislevy his gun. The witness also alleges that Defendant pointed to his gun.

Obviously, we don’t know whether this actually happened or not.  That is something that the Court will have to determine if it is:

  1. Relevant
  2. True

Update 10/23/2014: According to MGO’s Facebook page: This morning Mr. Ponkey plead guilty to Disorderly Conduct & his CPL was revoked.

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Mike T
Mike T
5 years ago

I think Paul Harvey would say “Now for the rest of the story”.

TEX
TEX
7 years ago

@White_Collar hampton,are you saying law enforcement are the only people that know how to carry concealed,or they should be the only ones that should carry concealed ? I have been carrying concealed (legally) since ’95 and never had a problem. And I carry ‘everyday’ ! In Texas it’s not even illegal to print anymore (although its very stupid to do so) ! Open carry is about to pass in Texas in early ’15 but I will continue concealed carry ! To me concealed carry gives me an advantage bigtime ! I think alot of people only want open carry for… Read more »

ray hampton
ray hampton
7 years ago

this conceal carry idea was wrong from day one for most people who are not in the law enforce business

Larry
Larry
7 years ago
Reply to  ray hampton

In response to Ray Hamton… .. I disagree with you becauce We, the average Citizens, are lawabiding and are attacked by criminals eponentially more than the cops are attacked and therefore we need our protection as much or more so that the police officers do. The police usually arrive after the incidents, which is just a normal reality of life. I would venture to say that there aren’t too many criminals ramdomly attacking the police but the criminals routinely attack the average citizens. Haven’t you heard the truism….that….. “Criminal PREFER unarmed victims” …..how true that is….

Anonymous Patriot
Anonymous Patriot
7 years ago
Reply to  ray hampton

I am sure you would be more than happy to have the police “enforce” the law after you are murdered by a criminal. Myself, I would rather go home and hug my wife after stopping a criminal intent on taking my life.

Terry
Terry
7 years ago
Reply to  ray hampton

Ray,
Sounds to me like the concealed carrier may have been in the wrong, maybe not…
But you sir, are dead wrong!!! My Constitution says I have the right to own and keep my gun where ever I am,
in the case I need to defend myself, and or my family. You sound like a cop that runs around in a city full of
gangstas and guns…

Eric
Eric
7 years ago

Most retarded charge ever , The Right to Bear arms, does not say concealed, nor open, so the Unconsitutional Charge is should dropped and who ever called the police should be charged with filing a false report.

TEX
TEX
7 years ago

I guess the moral to this story is if you have a complaint with a business don’t let them see your firearm ! They will say they were being threatened whether they were or not !