Date:         Thu, 12 Dec 1996 12:17:23 -0500
From: "Scott W. Allen" <[s--l--n] at [PIPELINE.COM]>
Subject:      Gun Rights Activist Arrested
To: [F--EA--S] at [LISTSERV.UTA.EDU]

Gun Rights Activist Arrested

On Friday evening, December 1, (coincidentally, his birthday) Dan Misuraca
was turning left on to Dixie Highway in Waterford, Mi.  He was pulled over
by officer Cook, who has been on the Waterford police department only 2
years.  According to the police report, the light had changed and Dan slid
through on red rather than yellow.   Asked where he was going, Dan said he
was on his way to Dunham's Sporting Goods and then on to his buddy's cabin
for a weekend hunt.   Shining his light into the back of Dan's station
wagon, Officer Cook spotted Dan's hunting knife, which was in a belt
containing Dan's hunting tools.  The officer asked if Dan had any other
weapons in the car to which he replied in the affirmative, gesturing
towards the rear of the car to where his unloaded, cased .22 rifle was
stored for the trip.  Taking Dan's license and registration, the officer
returned to his patrol car to call in the license and request back up.
(Leaving our dangerous felon in his vehicle with his weapons and ammunition
for about ten minutes.)  After an Oakland county sheriff arrived, officer
Cook went back to Dan and asked him to step out of the car.  Dan asked if
he was under arrest.  The officer said no, not at this time.  He then
requested permission to search the car, to see for himself if the rifle was
unloaded.  Dan politely refused.  The officer then removed him from his
car, and put him under arrest for a CCW violation: the knife!  A hunting
knife: on a belt with other hunting gear, in the back of the car, while he
was on his way to go hunting!  Upon searching the car, the officer also
discovered Dan's 9mm, which was in a locked box.  End of story.  Dan spent
5 days in the Oakland county jail while his poor wife tried desperately to
raise the $5,000 cash required on the bail that the weekend magistrate set
at $50,000.  (The Magistrate did, however wish him a happy birthday after
setting this absurd amount for his bail)

Dan Misuraca is not a dangerous  criminal.  He is a business owner (Dan's
Oil Can- a one-man mobile oil change business.) He is a husband and father,
and they just put everything they had into buying a new home.  He was an
honor roll student in school.  He's a  Marine Corps vet who received two
meritorious promotions while in the service.  He has never been arrested
for anything before.  He has, however been an outspoken defender of the
Second Amendment and active with Brass Roots, the former Gun Owners of
Oakland County, and Justice Pro Se.  During the preliminary hearing, the
officer and the prosecutor also made it a point to mention that he was
"wearing cammo" at the time of the traffic stop.  This whole thing is set
up to ruin the life of a man who is, in my opinion, an outstanding citizen.

So we are trying to put together a defense fund.  Dan has a good attorney,
but he is not cheap.  Dan sold his car to get the first part of the
retainer but beyond that he's tapped out, and scared to death that they
will lose everything.   If we could just find 1000 individuals to send
$10.00 each we could get him the legal service that he needs to get out of
this, and save him and his beautiful family.    Contributions can be sent
to : Dan Misuraca Defense Fund  3128 Walton Blvd.  Suite 198, Rochester
Hills, MI   48309

Thanks for your help.



Scott W. Allen
Secretary - Brass Roots
[s--l--n] at [pipeline.com]