BIRMINGHAM, Mich. -

18-year-old Troy teen Sean Combs An 18-year-old Troy teenager is heading to court as a poster boy for the fight over open carry gun rights in Michigan.

Sean Combs, 18, of Troy, was arrested back in April after he was spotted with a loaded 1942 M-1 Garand military rifle slung across his back in downtown Birmingham.

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The legal question at this time is if what Combs did was allowed, because Michigan is an open carry state, or was he, as the police say, brandishing a firearm.

Tonight, it will be up to a jury.  A judge says he is not dismissing the case against Combs.

Birmingham Police say Combs wouldn’t identify himself when police asked him if he was old enough to be carrying the rifle.

Attorney Mary Kucharek claims Combs' arrest was proper because he had refused to present identification and argued loudly with police.

Kucharek says a crowd gathered to the point where one of the officers had to take steps to control the crowd, and then move them away from Combs.

Combs says he did provide identification to try and de-escalate the situation, but was arrested anyway.  He has pleaded not guilty to all charges.

"You stand up for your rights period, regardless of what that right may be, you stand up for it" says Combs.

Combs will have a final jury pretrial on July 9th at 1:30 p.m. in front of Judge Barron in 48th District Court.