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Thread: US Ca 7 ED Wisconsin, "Openly carrying a firearm is highly disruptive conduct."

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    US Ca 7 ED Wisconsin, "Openly carrying a firearm is highly disruptive conduct."

    " Throughout much of the 19th century, a man could walk in public visibly armed with a holstered firearm and go virtually unnoticed. Doing the same thing today – although legal if done peaceably – will likely invite onlookers' anxiety and law enforcement scrutiny."

    Footnote 3: " Gonzalez v. Village of W. Milwaukee, No. 09-CV-384, slip op. at 6 (E.D. Wis. May 11, 2010) ("No reasonable person would dispute that walking into a retail store openly carrying a firearm is highly disruptive conduct which is virtually certain to create a disturbance").

    http://www.wisbar.org/NewsPublicatio...ArticleID=8710

    GONZALEZ v. VILLAGE OF WEST MILWAUKEE http://caselaw.findlaw.com/us-7th-circuit/1593051.html
    Last edited by Nightmare; 07-16-2013 at 01:05 PM. Reason: Readability of the judicial notice.
    I am responsible for my writing, not your understanding of it.

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    Founder's Club Member protias's Avatar
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    I don't know if you've heard, but OC is not DC.

    http://www.jsonline.com/news/wisconsin/43302252.html

    It was also written into Act 35.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Quote Originally Posted by protias View Post
    I don't know if you've heard, but OC is not DC.

    http://www.jsonline.com/news/wisconsin/43302252.html

    It was also written into Act 35.
    Not only does Act 35 recognize the right to open carry, the Disorderly Conduct statute itself was amended:

    947.01  Disorderly conduct.
    (1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
    (2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.


    This issue is settled. In Wisconsin Open Carry is legal and it is NOT disorderly conduct (disturbing the peace, etc.)!

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    And yet, the U.S. Circuit Court of Appeals for the 7th Circuit (Illinois, Wisconsin, Indiana), is apparently citing Gonzales as if open carry is "highly disruptive".

    From which case was this footnote taken?

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    Regular Member Plankton's Avatar
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    Quote Originally Posted by protias View Post
    I don't know if you've heard, but OC is not DC.

    http://www.jsonline.com/news/wisconsin/43302252.html

    It was also written into Act 35.
    Of course "Nightmare", aka Doug Huffman, knows this, but continues to spam the Wisconsin forum with yet another screenname.
    Liberty or death. We're sorry, there are no other options available at this time..........
    "Safety is the new Liberty, and recklessness is the new Freedom, and alcoholism is the new Doug Huffman."

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    Quote Originally Posted by KBCraig View Post
    And yet, the U.S. Circuit Court of Appeals for the 7th Circuit (Illinois, Wisconsin, Indiana), is apparently citing Gonzales as if open carry is "highly disruptive". From which case was this footnote taken?
    Gonzalez v. Village of W. Milwaukee, No. 09-CV-384, slip op. at 6 (E.D. Wis. May 11, 2010) ("No reasonable person would dispute that walking into a retail store openly carrying a firearm is highly disruptive conduct which is virtually certain to create a disturbance").
    I am responsible for my writing, not your understanding of it.

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    Founder's Club Member protias's Avatar
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    And yet, OC is NOT DC. Not sure why you are bringing this up Doug.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member Plankton's Avatar
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    Quote Originally Posted by protias View Post
    And yet, OC is NOT DC. Not sure why you are bringing this up Doug.
    I guess it's lonely up on Gilligan's Island.
    Liberty or death. We're sorry, there are no other options available at this time..........
    "Safety is the new Liberty, and recklessness is the new Freedom, and alcoholism is the new Doug Huffman."

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    Quote Originally Posted by Nightmare View Post
    Gonzalez v. Village of W. Milwaukee, No. 09-CV-384, slip op. at 6 (E.D. Wis. May 11, 2010) ("No reasonable person would dispute that walking into a retail store openly carrying a firearm is highly disruptive conduct which is virtually certain to create a disturbance").
    The key phrase is May 11, 2010. Act 35 and the subsection addition to the DC statute went into effect on November 1, 2011.

    If someone were arrested today for nothing more than OC the officer would be looking at huge legal repercussions. Unless there are other factors arresting someone for Disorderly Conduct for open carry is an illegal arrest.

    I've been to a couple of training conferences put on by the WI DOJ regarding Act 35, and OC was also discussed at length.
    One basic premise is that the person who calls in the complaint should be educated as to it's legality.

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    Quote Originally Posted by Nightmare View Post
    Gonzalez v. Village of W. Milwaukee, No. 09-CV-384, slip op. at 6 (E.D. Wis. May 11, 2010) ("No reasonable person would dispute that walking into a retail store openly carrying a firearm is highly disruptive conduct which is virtually certain to create a disturbance").
    What a troll. You must be clueless about what has happened in Wisconsin the last three years.

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    Quote Originally Posted by BROKENSPROKET View Post
    What a troll. You must be clueless about what has happened in Wisconsin the last three years.
    Perhaps. Perhaps you are clueless of how judicial opinion is published and how precedent is made? Do you know what is and what is the significance of a slip opinion ("slip op.")? At the very least, this citation is to judicial notice.

    slip opinion legal definition noun A single judicial decision that is published as an individual paper following its issuance and in advance of its being incorporated into a volume of decisions. It is, unlike an unpublished opinion, ordinarily citable as precedent. See also advance sheets and reports.
    http://law.yourdictionary.com/slip-opinion
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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by Plankton View Post
    I guess it's lonely up on Gilligan's Island.
    Told everyone I wasn't Doug.

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Quote Originally Posted by Nightmare View Post
    Perhaps. Perhaps you are clueless of how judicial opinion is published and how precedent is made? Do you know what is and what is the significance of a slip opinion ("slip op.")? At the very least, this citation is to judicial notice.
    But that was 1 opinion on one isolated case based on what the law was at the time. Even at the time DC for OC was a stretch, but regardless the law has since been changed. It is simply not legal for law enforcement to arrest/charge DC for OC in the state of Wisconsin. Period.

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    Regular Member Plankton's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    Told everyone I wasn't Doug.

    "Nightmare" is Doug.
    Liberty or death. We're sorry, there are no other options available at this time..........
    "Safety is the new Liberty, and recklessness is the new Freedom, and alcoholism is the new Doug Huffman."

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    Quote Originally Posted by pkbites View Post
    The key phrase is May 11, 2010. Act 35 and the subsection addition to the DC statute went into effect on November 1, 2011.

    If someone were arrested today for nothing more than OC the officer would be looking at huge legal repercussions. Unless there are other factors arresting someone for Disorderly Conduct for open carry is an illegal arrest.

    I've been to a couple of training conferences put on by the WI DOJ regarding Act 35, and OC was also discussed at length.
    One basic premise is that the person who calls in the complaint should be educated as to it's legality.
    Got that right. My leo Sargent buddy will agree with it too

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