Sean Combs, the 18-year-old senior who was while walking through downtown Birmingham , is set to attend an evidentiary hearing in three weeks after attending a pre-trial hearing Tuesday afternoon in front of Judge Marc Barron in in Bloomfield Hills.
Combs on charges of brandishing a firearm, disorderly conduct and obstructing an officer – all misdemeanor offenses that each carry a maximum 93-day sentence and $500 fine.
Combs' attorney, Jim Makowski, said he plans to file a motion to dismiss the case entirely within the next couple weeks, saying violated Combs' rights when they stopped him without cause.
"I think Birmingham Police just didn't like what he was doing, and I think what they did was wrong," said Makowski, who specializes in Second Amendment law.
Makowski said all the other charges would be void if the stop itself were unconstitutional, which he believes it was. Once Makowski files the motion to dismiss, the city of Birmingham has seven days to respond.
Meanwhile, Combs maintains he and fully within his legal rights to openly carry the loaded M1 Garand rifle, which he had recently received as a gift from his parents for his 18th birthday.
"I'm pretty confident," Combs said. "Not overly confident, because anything can happen, but I think it's going to be definitely arguable, if nothing else."
A hearing date has not yet been set.