Thursday, June 05, 2008

Open Carry Arrest in WI

Part 1
and
Part 2

Bottom line as I read these--A gun owner who says he was lawfully open carrying claims he was arrested for disorderly conduct. He says his gun was stol...uh...confiscated, and now they're screwing with him instead of giving his property back.

CAVEAT: This is one of those "raw data" situations, where in the absence of information from a "news source" I'm bringing what I've got to your attention with the understanding that it came from a forum. That said, we've seen "Authorized Journalists" ignore stuff before.

My information says the man making the claim has been invited to meet with a group of activists this weekend, so further verification should be forthcoming. But because this involves a situation where other gun owners could be at risk, I felt justified to at least call this to the attention of WoG readers. Naturally, if you know anything about this, please enlighten us in "Comments," below.

10 comments:

Anonymous said...

I know Wisconsin is nowhere near Dickson, Pa., except in their philosphies. The Dixon Dozen Diners minding their own business, legally open-carrying.
Figured out why they're called "rights": "I believe in and support the Second Amendment -- RIGHT up until the moment someone puts it into practice."

zach said...

According to opencarry.org, Wisconsin is an open carry state, except you may not carry in a vehicle. Looks like they are persisting in the theft.

Anonymous said...

...RIGHT up until the moment someone puts it into practice...

Thanks for that great quip, Defender. That's going into my files.

Bladerunner2347 said...

Typical for Wisconsin. I have been arrested several times for legal open carry. Most of the time it's because the officer thinks they can arrest you for merely having a gun. Then when they find out it is not against any of their laws they try to cover there tail by claiming it was somehow concealed, or that the exorcizing of the right was disorderly. Never mind that the USSC says a right cannot be turned into a crime. In the last case I had the officer claimed that merely having the gun in the holster concealed part of it from view, falling under the concealed carry statue. That one got tossed and I did force them to give the gun back. They tried to keep the ammo, but after some heated discussion on the phone with the DA they ended up counting it all out for me anyways.

ajw308 said...

I worked with and shot with the guy in Michigan (MI) who wrote the book on how to carry concealed in MI. At the time, MI wasn't a shall issue state when it came to CCW, but the state constitution did state "that persons licensed in other states may carry in MI", or something to that effect.

At the time, there were 5 states that would issue CCW licenses through the mail (this doesn't include the Vermont CCW license which we all have;)). The book explained the law, then walked you through the different states processes to get licensed.

MI's anti-gun attorney general argued that Michigan residents weren't persons and that residents carrying with out-of-state CCW permits were in violation of the law and would be prosecuted.

His next step was a campaign of open carry where he knew he'd get arrested and lose the gun. He figured that after 4-5 arrests and illegal gun confiscations, he'd sue for harassment.

He didn't have the time to follow through with that, nor did he want to put his family through the legal wringer with him.

Maybe BladeRunner can sue for harassment. I'd like to see it happen.

Anonymous said...

what about a restraining order?

Anonymous said...

nevermind, we all know how effective those are at keeping bad guys in check...

Anonymous said...

Thanks, Gaviota!

" the officer claimed that merely having the gun in the holster concealed part of it from view." One man was charged with concealed weapon because his .45 was "concealed" in a .45-shaped flap holster on his belt. And we even hear that to a cop approaching from your weak-hand side, your BODY blocks it from view and it is therefore concealed.
What's the solution, keep it always in hand and over your head (he suggested sarcastically)? Then it's brandishing. It makes people nervous.
The law here specifies that, legally, concealed means "not visible to common observation." If someone passing you on the sidewalk can say "Oh, look, a gun," it's not concealed. A simple concept.
That's why when I carry, I conceal. It's safer, simpler, and my right. Permit? No thanks. I already had one.

tjbbpgob said...

Here in Alabama open carry is leagle if you are just out walking around, otherwise a ccw is required in a vehicle. I just carry concealed. I can't think of a reason to carry open, unless you're in the woods or something.

Anonymous said...

Depends in Alabama. If the LEOs in your area don't like guns, you will be arrested for disorderly conduct.