Angel Shamaya Jailed in Michigan on Gun Charge

[Travis McGee]

Angel Shamaya, founder of KeepAndBearArms.com is in jail in Michigan, having been arrested for possession of firearms not properly registered under Michigan law.

Angel's friends are working to help him with this problem, but we need your help, right now!

We need character references from you for Angel. There is a form letter for you to fill out and send back at: http://www.marbut.com/angel.

Be advised that Angel's problem is happening in the Detroit area, where a strong anti-gun sentiment exists in the criminal justice system. So, we are asking you to downplay gun-rights and gun-related comments. We will NOT deliver to the court any disparaging letters about Michigan or Michigan laws. Stay on the high ground.

Please, download a copy of the draft letter. Add one sentence of personal comment if you wish - no more.

This is for upstanding, legitimate citizens only. So, we want you to add your name, mail address, and phone number to the letter, so the judge seeing these will accept your letter and will not think you are some flake.

You may email your completed letter, either as an attached MSWord (.doc) file, or pasted into the body of your email, either to [email protected] or to [email protected]. So we can pick it out from our many other emails, PLEASE make the SUBJECT of your email: "Angel reference." We will see that these letters get to Angel's attorney ASAP.

Please pass this on to your friends for action. We need letters from everyone who knows or knows of, and appreciates Angel.

Thanks loads for your help.


Gary Marbut, President
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

Personal note from David Codrea: I spoke with Angel at length last night, before this happened. He is a great patriot and friend. WarOnGuns visitors: I have never really asked you for anything. I am pleading with you to support our brother in his time of need. I will be monitoring things as they unfold--if and when we need to help Angel with more than words, I will let you know.

Please do this support letter now--and please spread this news far and wide.

More from Nicki Fellenzer:

Folks, most of you know how decent, passionate, intelligent and dynamic Angel Shamaya is. He has committed himself to freedom, and I know of few people who are as dedicated to the cause of freedom as Angel. He is also a personal friend to many of us, and now he needs our help.

Today he was arrested, and he is currently in jail. Please read the link below and take a few minutes to write the judge on his behalf. I have National Drill this weekend, and I'm sending this from my hotel room. I won't be around much until Sunday night, but I'm counting on you guys to spread the news and help Angel through this. Please!

http://www.keepandbeararms.com/nicki/Angel.htm

The link includes an address where to send your letters of reference. Please do so as quickly as you can!

Then, I urge you to pass this email to everyone you know. Post it on your websites and blogs, pass it on to fellow bloggers and help us ensure that this gets the widest possible dissemination. Yes, this is about freedom -- but right now, we need to ensure he is, first and foremost, released and that charges are dismissed, so please toe the line on this one. For Angel.

Thanks!

Nicki Fellenzer

UPDATE:
I just got off the phone with the Oakland County Sheriff to see if I could help in any way with bail. Unfortunately, the attendant told me Angel has not been arraigned yet, so there is no public information they can share, and that the best thing to do would be to call back tomorrow night. I told the deputy he had a good man in custody and to please see to it that Angel was safe.

 

[Travis McGee]

I just received an Email from David Codrea, writer for GUNS magazine, about Angel being arrested. The above is from his "The War On Guns" blog.

http://waronguns.blogspot.com/2006/03/angel-in-jail.html

 

[beerslurpy]

Guys, wait and see what he is charged with first. IANAL, but....

The judge is going to be interested in two things during a trial:
-discussion of the legal issues before the court and why he should rule one way or another
-discussion of the facts of the case, which will be inadmissable as hearsay unless you show up as a witness

During sentencing he will probably be open to things such as:
-character
-place in the community
-criminal history
-what he had for breakfast
-whether he likes defendent's attitude
-whether he received 300000 angry and incoherent emails from out of state gun owners

 

[Travis McGee]

That's why we do NOT want to send any angry and incoherent emails to anybody about this affair.

Which is why I posted this on The High Road, and not on any other gun forums. High Roaders, well, they stay on the high road.

 

[Jeff White]

I'm not sure how a judge is going to react to a large quantity of form letters. How many people on THR actually know Angel? It's been my experience that charactor witnesses need to actually know the person.

I'd like to know the actual charges and circumstances behind the arrest.

Jeff

 

[Barbara]

Yeah, I wouldn't write at this point, especially if you don't know him.

It shouldn't be that big a deal. Most times people are just ticketed for it, and you have something like 10 days after you arrive here to get it "safety inspected" so I'd want to be sure there wasn't more to this story.

Oakland County is generally not considered too bad on gun rights and there's not the strong anti-gun sentiment in the same way there is in Wayne County.

Hopefully he's contacted Jim Simmons or Kevin Winters about representation. Jim's office is in Oakland County and he knows the ins and outs.

 

[feedthehogs]

How about a few more facts to the case as to why he was allegedly carrying a firearm not properly registered to the local laws?

Fact or fiction?

 

[Molon Labe]

How about a few more facts to the case as to why he was allegedly carrying a firearm

Why does that matter?

Any law forbidding a free man to carry firearms is unlawful and unconstitutional. Hence it doesn't matter why (or under what circumstances) he was carrying a firearm.

For those curious, here's a pic of Angel. Looks like a young guy.

 

[Barbara]

On the other hand, if the reaction of the locals seems to be more excessive than normal, it seems prudent to make sure there isn't more to the story than one email floating around asking you to write letters to people who will more than likely just be annoyed by getting an influx of letters from people who know neither the defendent nor the situation. Potentially, you're just going to make the situation worse for him.

 

[TexasRifleman]

Not a word on whether he is even guilty or innocent, just a request for help?

Did he intentionally violate the law to draw attention to the cause? Is he being railroaded? Is he in fact just plain old guilty? It does matter.

As an activist in the arena, blindly violating the law does none of us any good.

Do you think it would help the cause if Wayne LaPierre was arrested for carrying concealed without a permit?

Lots of missing pieces here that need to be filled in before asking for help IMHO.

So what happened exactly?

 

[El Tejon]

It seems to me that a defense fund would be a more appropriate avenue of action.

 

[JMusic]

Jeff that was my feeling too. I don't know the person and if asked what is your history with this person I would have to say none. If this is an injustice the lawyer has more bearing than notes to the judge. In my opinion if we feel Angel needs help we should locate and help support legal representation.
Jim

 

[Barbara]

Someone who knows Angel may want to suggest he call Jim:


Jim Simmons
Law Offices of James T. Simmons, P.C.
45700 Village Boulevard, Shelby Township, MI 48315
Phone #: (586) 566-1900
Fax: (586) 532-4110
Internet email address: [email protected]

Areas of practice: Small Business and Corporate Law; Civil and Commercial Litigation; Civil and Criminal Appeals; Concealed Pistol
Licensing and Appeals; other Firearms related matters.

Bar admissions: Michigan, U.S. District Court, Eastern District of Michigan, 1990. Western District of Michigan, 1994. Sixth Circuit
Court of Appeals, 1991. United States Supreme Court, 1994.

RKBA Organizational Memberships: NRA: Member and Certified Instructor in all Pistol Disciplines (lapsed -- I now teach the legal section of NRA Pistol Classes). Shooters Alliance for Firearm Rights; Great Lakes Shooting Sports Association; Great Lakes Self Defense Association.

 

[Preacherman]

Any law forbidding a free man to carry firearms is unlawful and unconstitutional. Hence it doesn't matter why (or under what circumstances) he was carrying a firearm.

This is complete and utter nonsense, and anyone trying to use such an approach to defy our laws deserves all he/she gets. From the beginning of the Republic, our Courts (which are themselves part of our Constitutional system of government) have held that regulation of a right does not amount to infringement of that right, so long as the regulation is reasonable and not excessive. Michigan's gun laws have passed that Constitutional and legal test, and are therefore binding upon residents of Michigan. To say that such laws are "unlawful and unconstitutional" is absolutely wrong, and indicates a lack of knowledge and maturity which is, quite frankly, appalling.

I agree with previous posts that we don't know enough about this particular case to be able to make any meaningful comment at this stage.

 

[Chris Rhines]

Sigh.

From the beginning of the Republic, our Courts (which are themselves part of our Constitutional system of government) have held that regulation of a right does not amount to infringement of that right, so long as the regulation is reasonable and not excessive.

This is tantamount to saying that the courts have found that the sky is blaze orange, so it must be true.

It really pains me to see so many pro-gun advocates falling all over themselves to justify gun control legislation, in an ill-fated and counterproductive attempt to look "reasonable" to the antis.

- Chris

 

[ebd10]

It really pains me to see so many pro-gun advocates falling all over themselves to justify gun control legislation, in an ill-fated and counterproductive attempt to look "reasonable" to the antis.

It pains me to see so many people rushing to aid someone without knowing the facts of the case. Many seemingly rational, decent people have done something improper and run afoul of the law. Until I know what the facts surrounding his arrest are, I can't in good conscience send a letter supporting (or condemning) him. I do know from having lived mosty of my life in SE Michigan, that in all likelihood, it's something minor that somehow got blown out of proportion.

 

[LAR-15]

More details are needed for sure.

Is he in trouble with the BATFE also?

 

[beerslurpy]

Any law forbidding a free man to carry firearms is unlawful and unconstitutional. Hence it doesn't matter why (or under what circumstances) he was carrying a firearm.

Even in the pre-civil war years this wasnt true. Concealed carry of knives and small firearms was frowned upon by honorable men. Aymette held that concealed bowie knives werent protected since they were only used for having barfights and not for keeping the peace or for the common defense. The basic assumption was that if you intended a lawful use for a weapon you wouldnt conceal it from the eyes of the public.

 

[Travis McGee]

I posted this thread as an early in the process "heads up" only. Shamaya founded Keep And Bear Arms dot com, he's been a stalwart leader in the 2nd Amd movement for many years. More will come out about this case, which looks increasingly like a set up.

 

[AZRickD]

How many people on THR actually know Angel?

I've known him personally for nearly a decade. Worked on a few RKBA projects with him.

See the bottom of this page http://www.gunlaws.com/books3.htm



Angel is a peace-loving soul. Good guy. I trust him implicitly.

I've sent my form letter (modified, of course) to the original sender.

I'm guessing the charge would be "unregistered handgun."

Rick

 

[Nightfall]

...regulation of a right does not amount to infringement of that right, so long as the regulation is reasonable and not excessive.

Problem is, "reasonable and not excessive" is completely subjective. How do you maintain a consistent standard on something like this?

 

[Thain]

Michigan's gun laws are, for the most part, very pro-gun. The Brady Campaign gives the State a "D-" last time I checked. We don't require registration of long-guns, and have a de facto not de jure registration of handguns. CCW is "shall issue", shooting ranges are not hard to find, and a version of FL's "Stand Your Ground" law is workign its way through the State legislature...

Frankly, you need to have actually done something illegal to get charged with a gun crime in Michigan. Yes, we have an awful lot of ultra-liberals in Ann Arbor, Beverly Hills and Berkley, and yes the Detroit city government is corrupt beyond the dreams of Avarice, but we also have an awful lot of pro-gun rednecks both in the UAW and the farmers. (Not to mention a very healthy militia movement.)

What are the actual charges agianst Mr. Shamaya?

If he was carrying illegally, then I am afraid he does not have my sympathy. Michigan is "shall issue," has recpirical agreements with most other States, requires non-CCW holders to store there firearms unloaded and inaccessible when in a vehicle (like most States), and all-in-all our gun laws are pretty basic, pretty unintrusive, and pretty common.

Until we know more, I'm going to withhold judgement and support.

 

[FeebMaster]

It really pains me to see so many pro-gun advocates falling all over themselves to justify gun control legislation, in an ill-fated and counterproductive attempt to look "reasonable" to the antis.

Why would you classify someone trying to justify gun control as being pro-gun in the first place?

 

[beerslurpy]

Explain the de-facto registration in MI please? As a minor gun rights celebrity, he may have been targeted for violating some other law or accused of carrying while merely transporting.

Also, why would someone of his alleged stature in the RKBA movement not have a CCW permit?

 

[Jeff White]

AZRickD said;

I've known him personally for nearly a decade. Worked on a few RKBA projects with him.

Then you would make a good charactor witness. I have been a charctor witness a couple times when soldiers who served under me got into trouble with the civil authorities.

The court always wanted to know how long I had known the soldier, what my impressions were of him, and that information impacted how much weight my statement had on the case.

Most of us here on THR would not be good charactor witnesses for each other because we only know each other through our posts on the forum. And most of the RKBA community only knows Angel through his work. That's not the same as knowing him personally like Rick does.

A legal defense fund, financial and moral support for his family would probably be a more effective way for the rest of us to help.

I'm not sure that a judge wouldn't take a few thousand form letters the wrong way.

Jeff