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Thread: Disorderly conduct while armed, citations for paintball gun play between moving cars

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    Disorderly conduct while armed, citations for paintball gun play between moving cars

    The men said they were shooting at a vehicle in front of them while engaging in a consensual paintball war, according to a news release from the City of Madison Police Department. The men were issued misdemeanor citations for disorderly conduct while armed, according to the release.

    http://www.jsonline.com/news/wiscons...267791951.html
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    Likely would have gotten nothing but for their big mouths opening and admitting to facts.

    I've shot my guns and when police come, I tell them nothing...they leave.

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    I don't see where being armed or having a paint ball fight has any thing to do with a DC charge.

    Seems to me that they need to Plea NG and go to trial.



    https://duckduckgo.com/l/?kh=-1&uddg...tes%2F947%2F01


    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
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    Hmm, I thought I posted the city ordinance. Anyway, it's likely a city citation for discharge of a paintball marking "gun" in a public place.
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    Until the actual citation is seen with the actual charge and ordinance number it is all speculation.

    One can't not trust reporters to get it right.
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    They may beat the rap but they will not beat the ride.

    The cops can charge whatever they wish, it has nothing to do with reality or what follows.


    Incident Report for Case #2014-229244
    Incident Type
    Weapons Violation
    Incident Date
    07/18/2014 - 2:07 PM
    Address
    Lien Rd @ N Thompson Dr
    Arrested
    Rayshawn Jackson M/B 20 years of age
    Gerald Jones M/B 34 years of age
    Marquese Murphy M/B 19 years of age
    Keith Binder M/B 23 years of age
    Details
    Officers were sent to a report of 2 M/B subjects shooting what was first described as assault rifles at a vehicle in front of them. Further investigation revealed that the guns were likely paint ball guns and the suspect vehicle description was aired to area officers. Soon after, an MPD officer observed the suspect vehicle and was able to catch up to on Park St. Jackson, Jones, Murphy and Binder were all contacted and cooperative as a search of the vehicle turned up 3 paint ball rifles as well as a paint ball handgun. The Sgt on scene stated that one of the rifles was very realistic looking, resembling an AR rifle painted in camoflauge[sic LOL dumbbass cops]. The subjects told officers they had been involved in a consensual paint ball gun war with the other vehicle involved and that they were just playing a game. All four subjects were cited for Misd DC While Armed and released. Released 07/18/2014 at 8:40 PM by Lt. Amy Schwartz.
    http://www.cityofmadison.com/police/...t.cfm?id=15505

    DC while armed is not a state charge. A named defendant does not have current state charges listed at WCCA. Neither could I find a city ordinance of that description. I did find references to paint-ball marker "guns" as not arms.
    Last edited by Nightmare; 07-20-2014 at 08:54 AM.
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    Good research thanks for your time.

    Hopefully the defendants take the time to take this before the court. But for most paying a fine is a lot easier.
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    Quote Originally Posted by Nightmare View Post
    They may beat the rap but they will not beat the ride.

    ....
    I enjoy the ride ! Feel the rainbow !

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    A few possibilities:

    http://docs.legis.wisconsin.gov/stat...tes/941/III/20

    941.20  Endangering safety by use of dangerous weapon.

    (3) 
    (a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony:
    1. The person discharges the firearm at or toward another.
    2. The person discharges the firearm at or toward any building or other vehicle.
    941.2965  Restrictions on use of facsimile firearms.
    (1) In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.
    (2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
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    941.20 deals with firearms paint ball guns are not firearms.

    941.2965 maybe but they were given citations not charged with a crime so that doesn't fit

    We well just have see what are in the court records to be sure
    Last edited by Firearms Iinstuctor; 07-20-2014 at 04:36 PM.
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    The court records are on-line (now?), a mixture of state and city charges.

    One defendant was charged with 947.01(1) Stats. and two with ordinance 32.02 violation

    - which makes no damn sense, city Ch. 32 is "Landlord and Tennant," 32.02 is "Rules and Definitions."

    In due diligence, Dane County ordinance 32.02 is no better, Title 6 Human Services, Chapter 32 Statutory Offenses, 32.02 Definitions (incorporate Wisconsin criminal statutes).
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    Quote Originally Posted by Nightmare View Post
    The court records are on-line (now?), a mixture of state and city charges.

    One defendant was charged with 947.01(1) Stats. and two with ordinance 32.02 violation

    - which makes no damn sense, city Ch. 32 is "Landlord and Tennant," 32.02 is "Rules and Definitions."

    In due diligence, Dane County ordinance 32.02 is no better, Title 6 Human Services, Chapter 32 Statutory Offenses, 32.02 Definitions (incorporate Wisconsin criminal statutes).
    I seen where some governments just use one ordinance number adopting state statues

    Seeing what is actual written in the charging box of citation might be necessary

    Further breakdown needed might not come out until pretrial or trial.
    Last edited by Firearms Iinstuctor; 07-20-2014 at 07:57 PM.
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