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Posted: 8/1/2002 11:03:05 AM EDT
Man in one-car rollover fined for carrying uncased loaded pellet gun in glove compartment.

[url]http://www.duluthsuperior.com/mld/duluthtribune/news/local/3770122.htm[/url]

In WI it's a misdemeanor to carry a concealed weapon. Personally (and without elaborating) I'll take a misdemeanor on my record over being savagely murdered by a group of thugs like what happened yesterday in Chicago.

WB

Edited to add: I do not own any firearms, nor have I ever held one. My statement about preferring a misdemeanor over not carrying a concealed weapon was a side-affect of some recent food poisoning. I don't know what this site is about or how I came to be here.
Link Posted: 8/1/2002 11:13:23 AM EDT
[#1]
There are two cases waiting for a decision from the Supreme Court right now that may prove how friggin retarded this decision was.

[url]http://www.ar15.com/forums/topic.html?id=123735&page=2[/url]

But $208!  He's lucky they didn't throw the book at him.  After all, his BB gun could have put someones eye out after it shot through his car!  They should have fined him the full $10,000 and let him rot in jail for a year![/sarcasm]

The good thing is that this case was in the appelate court and not the Supreme Court.  He'll be able to appeal to the SC and hope that hey hear his case.  He should have never plead no contest though.

Link Posted: 8/1/2002 11:16:39 AM EDT
[#2]
Mike Lutz, an attorney for the state Department of Natural Resource's law enforcement program, said gun owners can avoid the concealed-weapon issue by putting a gun in a case placed in a visible location.
View Quote


This is a very interesting comment.  I wonder what they'd consider a case?  A visible fanny pack perhaps?  What if I have my USP in it's plastic case sitting beside me while I drive?AAAARRRGGG!  

I just hope the decision for Cole comes down on our side.
Link Posted: 8/1/2002 11:20:58 AM EDT
[#3]
It's only a misdemeanor and Cletus carries a BB GUN?  Retard.
Link Posted: 8/1/2002 11:44:13 AM EDT
[#4]
You really should keep your guns in a clear case, attach it to your dashboard.  See if it is still there when you come back to your car.

BTW, isn't your vehicle considered an extension of your property, or is that a state specific law?
Link Posted: 8/1/2002 12:22:24 PM EDT
[#5]
Quoted:
Mike Lutz, an attorney for the state Department of Natural Resource's law enforcement program, said gun owners can avoid the concealed-weapon issue by putting a gun in a case placed in a visible location.
View Quote


This is a very interesting comment.  I wonder what they'd consider a case?  A visible fanny pack perhaps?  What if I have my USP in it's plastic case sitting beside me while I drive?AAAARRRGGG!  
View Quote


As long as it's totally enclosed within a carrying case/bag DESIGNED to hold the firearm, and it's unloaded, it's legal. In that case however it wouldn't need to be in plain sight, you could transport it under your seat, in your trunk, etc.; so I'm not quite sure what he means when he says that. It's also illegal in WI for police to search you glove compartment without reasonable cause or a warrant, so I assume the compartment was jolted open as a result of the crash and the officers saw the pellet gun.
Link Posted: 8/1/2002 12:32:18 PM EDT
[#6]
Quoted:
Edited to add: I do not own any firearms, nor have I ever held one. My statement about preferring a misdemeanor over not carrying a concealed weapon was a side-affect of some recent food poisoning. I don't know what this site is about or how I came to be here.
View Quote


Does that mean we not going shooting this weekend WB, I thought you said I could shoot your suppressed full auto 12inch post ban AR[>(]
Link Posted: 8/1/2002 12:35:49 PM EDT
[#7]
Quoted:
You really should keep your guns in a clear case, attach it to your dashboard.  See if it is still there when you come back to your car.

BTW, isn't your vehicle considered an extension of your property, or is that a state specific law?
View Quote


Forget the case.  You will need a Wonder Woman car which is totally invisibe.  Just like her plane.

Link Posted: 8/1/2002 12:58:52 PM EDT
[#8]
I would not want to get caught with an unloaded and cased handgun sitting next to me on the car seat.  Under applicable law you could be charged with CCW.  Of course, it could also be the ordinance (non-criminal) improper transport of firearm (suppose to be in the trunk or out of passenger compartment) -- but that's up to the arresting officer and prosecutor.

I would not, repeat NOT, advise doing this (or getting caught for doing this).  Even though the AG's office may have conceded this is not CCW in the Gonzalez oral argument, no cop or prosecutor is bound by that argument alone.

Correct way to transport a firearm in WI: Unloaded, in proper case, and stored in trunk or out of passenger compartment if SUV (make sure it's not within arms reach).

Do I agree that this comports with our RKBA?  Well, that doesn't matter at zero-dark-thirty when you're pulled over with your kids leaving on a family trip....

The two cases that will decide this in WI are Cole and Hamden.  I recently read Hamden's briefs and filinig.  He is represented by a very high profile large law firm.  Unforturately they might be able "win" the case for him without any meaningful improvement for us.

Incidentally, Hamden operates a store in the most violent community in WI and keeps firearms for his and his family's safety.  There have been numerous armed robberies and even one homicide in his store in the past decade.  In fact, Hamden himself shot and killed an armed robber in '97 IIRC.  Not only did he not get charged (self-defense), but he got his gun back.  When he found out at a charging conference that he was getting charged with CCW in the current case, he asked the Asst. DA what he was suppose to do.  The ADA said "Move to Brookfield" (an affluent suburb).

Have a nice day.
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