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Thread: Aaron Ols, who wore gun to confront rule breakers, can get weapon back, Wisc. CA

  1. #1
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    Aaron Ols, who wore gun to confront rule breakers, can get weapon back, Wisc. CA

    Aaron Ols is entitled to get the gun back from police, the Wisconsin Court of Appeals ruled Tuesday. But instead of clarifying the state's laws about open carry and "castle doctrine" laws, the court found the matter turned on a poorly developed record before the lower court. The court reversed the decision of Milwaukee Circuit Judge J.D. Watts, who had denied Aaron Ols' petition for the return of his gun, which police confiscated and kept even though a disorderly conduct charge against Ols was amended to a municipal ticket.

    State law allows police to keep a gun even if the person was not convicted of a crime as long as they meet a lower civil court burden of showing the gun was used in a crime. "Here, the City failed to present evidence sufficient to support its assertion that Ols used his firearm to commit the crime of disorderly conduct," the decision reads.

    Decision http://www.wicourts.gov/ca/opinion/D...l&seqNo=115245
    By the Court.—Order reversed. Not recommended for publication in the official reports.
    http://www.jsonline.com/blogs/news/264445111.html

    It may be that this has nothing to do with open carry, despite the Murkee JS fervent wishes t the contrary.

    ETA After reading the Opinion 5 seems to blur the distinction between open and concealed carry.
    Last edited by Nightmare; 06-25-2014 at 11:16 AM.
    I am responsible for my writing, not your understanding of it.

  2. #2
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    Well, you can't carry if the state has your gun. So I see relevance.

    Not recommended for publication? That's a scam.

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