Posted: 8/31/2012 6:40:43 AM EDT
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We've had concealed carry licenses for almost a year now. Also the revamping of the long guns in cases
Has anyone or you know someone that has been in a traffic stop while carrying yet? I'm curious how local LEO have adapted to the new firearm laws and if there's been any real world examples yet. |
| Was carrying while driving my wife back from her CCW class and was speeding slightly ( I was on the accelerator before it turned 55). Handed the nice lady my licence's and let me off with a warning. Didn't announce just gave it to her along with my other papers. I know I don't have to but they were stuck together |
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My GF and her mother got pulled over for speeding. Had a cased AR15 in the back seat. He let them go with a warning, but also told them he could cite them for a concealed weapon (presumably because the case was within "lunge range" or such crap). ![]() ROFL! I'd love to hear his justification. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. While sitting on the back seat would be considered "concealed" per WI V Walls...encased weapons in the back seat has always been the way to transport firearms in this state. lolwtf |
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I have had 2 encounters with LEO while carrying. The first I got stopped in Iowa for speeding. I gave the officer my drivers license and permit and informed him I had a concealed firearm. He proceeded to tell me he could arrest me because my permit was no good in Iowa. I did research before my trip there to learn that my permit was good. A 2nd officer stopped who also didn't know what the law was there. He eventually let me go with a verbal warning for speeding and nothing for the firearm. He did tell me to unload it and put it in the trunk separate from my ammo once he left.
My 2nd experience was much better. While visiting my brother in menasha our car got hit while parked. We called Menasha PD. When the officer arrived to investigate I showed him my permit and informed him I was carrying and he said ok. End of story. I know I don't have to inform then up front that I am carrying. That is just the way I intend to handle all encounters with LEO. Posted Via AR15.Com Mobile |
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My GF and her mother got pulled over for speeding. Had a cased AR15 in the back seat. He let them go with a warning, but also told them he could cite them for a concealed weapon (presumably because the case was within "lunge range" or such crap). ![]() ROFL! I'd love to hear his justification. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. While sitting on the back seat would be considered "concealed" per WI V Walls...encased weapons in the back seat has always been the way to transport firearms in this state. lolwtf Is it really? I do that all the time. |
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While sitting on the back seat would be considered "concealed" per WI V Walls...encased weapons in the back seat has always been the way to transport firearms in this state. lolwtf Is it really? I do that all the time. My point exactly. Everyone does that. How else are you supposed to transport a firearm? Per Walls, anything below the window line is "out of plain sight". I can't think of anyone that has ever been cited for CCW for an encased firearm that was unloaded. But apparently that LEO felt differently. |
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My GF and her mother got pulled over for speeding. Had a cased AR15 in the back seat. He let them go with a warning, but also told them he could cite them for a concealed weapon (presumably because the case was within "lunge range" or such crap). ![]() ROFL! I'd love to hear his justification. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. While sitting on the back seat would be considered "concealed" per WI V Walls...encased weapons in the back seat has always been the way to transport firearms in this state. lolwtf
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I have had 2 encounters with LEO while carrying. The first I got stopped in Iowa for speeding. I gave the officer my drivers license and permit and informed him I had a concealed firearm. He proceeded to tell me he could arrest me because my permit was no good in Iowa. I did research before my trip there to learn that my permit was good. A 2nd officer stopped who also didn't know what the law was there. He eventually let me go with a verbal warning for speeding and nothing for the firearm. He did tell me to unload it and put it in the trunk separate from my ammo once he left. My 2nd experience was much better. While visiting my brother in menasha our car got hit while parked. We called Menasha PD. When the officer arrived to investigate I showed him my permit and informed him I was carrying and he said ok. End of story. I know I don't have to inform then up front that I am carrying. That is just the way I intend to handle all encounters with LEO. Posted Via AR15.Com Mobile Great advice. This is the advice I received from the LEO that gave us a class on CCW. Better to be honest and up front about carrying. I've nothing to hide. This is the way I intend to operate. |
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I have no intention of informing the LEOs if stopped. I fail to see how it is going to improve a situation that has presumably already gone sideways. I.e., in the case of speeding they most likely will not say "oh you're carrying, so i guess I'll knock that ticket back to 5 over." They may be cool with it, great, but they could also be total dicks and keep you an extra 30 minutes grilling you about non-relevant shit.
Concealed means concealed. No duty to inform means no duty to inform. I value all my rights, not just the 2ND. Posted Via AR15.Com Mobile |
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Concealed means concealed. No duty to inform means no duty to inform. I value all my rights, not just the 2ND. Posted Via AR15.Com Mobile +1. I won't volunteer that info, but I won't lie either. Down in Texas, you are way more likely to get a warning by handing the officer your CHL. Most officers that I know will give out warnings to CHL holders instead of tickets unless you are doing something really stupid. |
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While sitting on the back seat would be considered "concealed" per WI V Walls...encased weapons in the back seat has always been the way to transport firearms in this state. lolwtf Is it really? I do that all the time. My point exactly. Everyone does that. How else are you supposed to transport a firearm? Per Walls, anything below the window line is "out of plain sight". I can't think of anyone that has ever been cited for CCW for an encased firearm that was unloaded. But apparently that LEO felt differently. It's been SOP in WI for so long, most LEOs haven't paid much attention to it. But I do believe that with them being aware of the law's changes, they're now more aware of it being technically illegal per Walls. I believe that if you do get cited, and go to court and exercise your right to a jury trial, it'd be very unlikely a jury would convict you of concealment if it was encased and openly visible on the seat (not under coats, blanket, etc) because it has been so commonplace for so long (and as you said, I doubt anyone has ever been convicted). It'd be expensive to hire an attorney and fight it.... but it'd be worth it to keep a class A misdemeanor (especially one involving firearms) off your record. The easist way out is not to do anything that'll get you cited until Walls is no longer the precedant.
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Down in Texas, you are way more likely to get a warning by handing the officer your CHL. Most officers that I know will give out warnings to CHL holders instead of tickets unless you are doing something really stupid. THe only time I got pulled over while CCWing, I was armed to the teeth. Was on my way to a prairie dog hunt, and had firearms all over the place an on my person. WI plates, pulled over in ND. LEO was friendly, polite, and gladly wrote me a ticket for speeding. It was a whopping $20. Only time I've been pulled over in WI was for ~5 over. Had just broken the house's front door window, and was heading to the hardware store to replace it. Wasn't paying attention. Got pulled over, but was given a warning. Must have been the veteran license plates. Or...maybe he just wasn't in the ticket writing mood. Who knows. |