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]