Thread to Organize Lawsuit and/or Open Carry Walks

[sjhipple]

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apjonas wrote:

There appears to be no attempt to resurrect concealed carry in Wisconsin (I couldn't find a new bill) so OC is it. What's the latest on your walk? Has the might WCCA chimed in on it?

That's not true. The Wisconsin Concealed Carry Association has come darn close...twice. Their feeling seems to be that it wont' happen until Doyle's gone.

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As far as OCing, once other people see you doing it, more people will join you. Most people are followers and they want to see someone else do it without getting hauled off to jail before they try.

Really though, get voice recorders as you will need them when you file your complaints with your police departments (and possibly civil rights lawsuits).

 

[smithman]

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Hello all... first post.

I am ready to exercise my right to bear arms. I will participate in an open carry walk.

As a side note, since there is no CCW legislation on the table, I question the impact that an open carry walk will have in changing these screwed up laws. With the senate controlled by liberals and a guaranteed Doyle veto there is no hope of passing a new law favorable to gun owners wishing to protect themselves. If an open carry walk were to take place, the end result would only be possible media coverage but no changes to law. As the Ohio people showed, timing is critical for the effectiveness of open carry walks.

 

[Rick Finsta]

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This is my first post here. I will participate in open carry events anywhere in SE Wisconsin (with reasonable notice given). As my brother-in-law is a Milwaukee police officer, I do know that they have an unwritten policy of "not in our town" with regards to open carry. More than likely, you will have your firearm confiscated and you will be issued a disorderly conduct or disturbing the peace citation. Some officers will not care, I'm sure, but there aren't too many of them. Most likely it will be thrown out in the circuit or district level courts. The biggest reason I don't open carry on my way to work (I have to drive through unsavory neighborhoods in Milwaukee) is the prohibition on carry in a motor vehicle. If the Vegas case had gone to appeals court and set presidence, that would have been a great way to challenge motor vehicle carrry prohibitions in future cases. Unfortunately, the DA knew that and decided to cut his losses and not give us the real victory we wanted.

I saw what I think was a great idea - especially for along interstates in (or near) Milwaukee County: Open carry litter pickup.

Mike Gallo, Saukville WI

 

[Lammie]

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Rick:

You can purchase a gun case known as a "rug" to carry your handgun in a motor vehicle. A rug is simmilar to a small rifle gun case. It is manufactured specifically for the purpose of carrying a handgun. It zippers completely closed. If you carry your handgun unloaded in therug you can transport it in a motor vehicle without violating statute 167.31(2)(b). The loaded magazine for the firearm can be carried in the rug with the handgun as long as the magazine isn't attached to the firearm. When you get ready to depart the vehicle you could remove the handgun from the rug, insert the magazine and place the loaded firearm in your carry holster. It is a bit inconvienient but the firearm is there if it is needed.

Also. The penalty for carrying a concealed weapon is a Class A misdemeanor with possibility of a stiff fine and maybe jail time. The penalty for carrying an uncased weapon in a motor vehicle is a forfieture fine not to exceed $100. Less than many traffic violations. Check it out with your brother-in-law.

 

[BB62]

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Rick Finsta wrote:

This is my first post here. I will participate in open carry events anywhere in SE Wisconsin (with reasonable notice given)...

Rick,

Here is a link you (and other Wisconsinites) might want to peruse, one I posted to this thread a while back:

http://www.thehighroad.org/showthread.php?t=244569

There finally seems to be some real interest and ideas from "regular" WI residents - maybe you can either understand or persuade the "RKBA" groups up your way.

For me, I just can't comprehend their alternative reality...

 

[Rick Finsta]

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Well, I felt empowered after posting here, so I raked my leaves today with my .45 on my hip. I had five local squads pass by plus a Sheriff's deputy and they didn't stop, at least. I met my new neighbors for the first time also - not sure how they feel about it, we just waved and said "hi" from across the yard.

I'll ask my Bro about the vehicle carry, but I was under the impression that it had to be "not easily accessable" for it to pass muster under thestate transportstatute. I read a court decision once that said unloaded and on the dashboard was considered to not be concealed under the "reasonable person" test. I wish I had saved a link or something, b/c now I can't find it.


edit: Oh, incidentally, my name is Mike, I just have had this as an internet alias for years. It's a joke from one of my old bands in college. I have some drag racing buddies that still call me Rick b/c they have gotten so used to mostly talking with me online or over the phone . . .

 

[smithman]

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Rick F, very very nice. Good idea for a way to open carry. I especially like how the cops all drove past you....but hey, you're on your property and not doing anything illegal. I should try this in the future.

I wonder if some power-trip cop would use that as an excuse to conduct a probable-cause search of your property, albeit an illegal search. Some cops are known for looking for ways to conduct either consented or probable cause searches. This is why people should never invite a on-duty cop into your house to talk but talk with him on your front porch instead with your door closed.

Sorry, I didn't intend to hijack this thread.

 

[smithman]

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A police officer cannot legally confiscate your gun (but when do cops do everything legally anyways). The defense for this is the fifth amendment stating "any person...nor be deprived of life, liberty, or property without due process of law". Any cop telling you that by him talking to you constitutes due process is lying. If he confiscates your gun he is denying you your property. Whether or not he intends to return it later doesn't matter, he is at that moment depriving you of your property. And can bet your a$$ your gun will be registered with the county office since police in general are skeptical of legally armed citizens.

Also the fourteenth amendment protects similar rights but from the state, so in fact this might be the more appropriate defense.

Finally, he is infringing on your right to keep and bear arms. This is protected by the wisconsin constitution as well.

When exercising one of your rights where the cops think you shouldn't you must be prepared to use your other rights!!

I think the best place to do this is not in Milwaukee county.