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Thread: Illegally owned weapons, anti-govt. doc. confiscated from Merton home.

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    Illegally owned weapons, anti-govt. doc. confiscated from Merton home.

    The man who will not be named because he hasn't been charged with any crimes in connection with the incident was questioned Jan. 27, the same day officers found the weapons and the documents. He admitted to owning all the items recovered by police and to researching the various shootings, the affidavit said.

    Online court records indicate that the man is facing a disorderly conduct charge in an unrelated matter and was prohibited from possessing any weapons as condition of his bail. The man said he was aware of that restriction, but ignored it because he believed it was unconstitutional, according to the affidavit.

    No new charges had been filed against the man by press time, but Public Information Officer Jennifer Wallschlaeger said the sheriff's department is evaluating all the information to determine whether there was any "criminal behavior."

    http://www.lakecountrynow.com/news/l...290686611.html
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    Could have stayed in the hookie; got free food and entertainment !

    He agreed to the bail conditions ....now the courts don't like that he still had guns

    But if he was so dangerous (or NOT) he could be let out, then his RKBA is still there IMO.

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    There is no right to bail. Only a right against excessive bail. When bail is granted the judge can impose almost any condition he/she wants. Whether it's absolute sobriety, no possession of weapons, or not wearing a blue shirt on Tuesday. AFAIK no court cases have ruled a judge couldn't prohibit exercise of a constitutional right while on bail.
    Not obeying conditions of set bail is a crime in Wisconsin.

    If you don't like the condition, rescind your bail and sit in the diaper pail until your trial.

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    Quote Originally Posted by pkbites View Post
    There is no right to bail. Only a right against excessive bail. When bail is granted the judge can impose almost any condition he/she wants. Whether it's absolute sobriety, no possession of weapons, or not wearing a blue shirt on Tuesday. AFAIK no court cases have ruled a judge couldn't prohibit exercise of a constitutional right while on bail.
    Not obeying conditions of set bail is a crime in Wisconsin.

    If you don't like the condition, rescind your bail and sit in the diaper pail until your trial.
    I would disagree ... but just my opinion. Its not a "constitutional" right, its a human right. Judges cannot say you cannot breath right?

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    ...Judges cannot say you cannot breath right?
    Sure they can. They use Pancuronium.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by pkbites View Post
    There is no right to bail. Only a right against excessive bail.
    How is bail which is preconditioned to include surrender of rights without conviction not excessive?

    As usual, if an individual can't be trusted with 2A amendment rights, then he can't be trusted with freedom (nor bail), which entails the practical freedom to obtain/possess firearms illegally.

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    Quote Originally Posted by MAC702 View Post
    Sure they can. They use Pancuronium.
    I prefer Crushyourbrainiumin myself ...

    patent pending ...

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    Regular Member OC for ME's Avatar
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    Oddly, it is only the evil gun, not the knife, the bat, the chainsaw, the motorcar...maybe the bow (with arrow) that is being infringed. How to hold this judge accountable for is unlawful (unconstitutional) act. File a complaint, with his own organization, that he is not competent and must be disbarred from being a nitwit judge. Hold him up for publik (PDRW) ridicule.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by davidmcbeth View Post
    I would disagree ... but just my opinion. Its not a "constitutional" right, its a human right. Judges cannot say you cannot breath right?
    Judges have been concocting all sorts of unconstitutional restrictions because they are not chained to it. But if the dude was so dangerous why give him a bail option?

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    Quote Originally Posted by Law abider View Post
    Judges have been concocting all sorts of unconstitutional restrictions because they are not chained to it. But if the dude was so dangerous why give him a bail option?
    Not only offered .. allowed him free ... if he was dangerous.

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    Quote Originally Posted by davidmcbeth View Post
    I would disagree ... but just my opinion. Its not a "constitutional" right, its a human right.
    Quote Originally Posted by marshaul View Post
    How is bail which is preconditioned to include surrender of rights without conviction not excessive?
    You guys are talking about points of philosophy and not actual law. And as it stands right now the judge can make this a condition. If we don't like it we can either petition a legislative body to change the law or go to a higher court for a ruling.
    But as it stands now, legally the judge is in his discretion to make such a thing a condition of bail.

    And this type of condition has been made for decades. If it was inherently unconstitutional wouldn't there have been a successful case against it by now?

    In the abstract I am on your side. I've always said that people who cannot be trusted with full rights should not be let out of jail/prison with the exception of a brief probation term on initial release.

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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by pkbites View Post
    And this type of condition has been made for decades. If it was inherently unconstitutional wouldn't there have been a successful case against it by now?
    No.

    How many years of solid precedent did Heller overturn?

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    The issue remains unanswered. Why does a judge have this prerogative. The problem, for those who recognize that there is a problem, why are judges immune from being held accountable.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    The issue remains unanswered. Why does a judge have this prerogative. The problem, for those who recognize that there is a problem, why are judges immune from being held accountable.
    You've asked 2 different questions. The judge has this prerogative because the law says he does. If we don't like it there are ways to try and change that.

    As far as "being held accountable" your premise is ridiculous. How do you hold someone accountable for doing what they are currently legally allowed to do?

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    Quote Originally Posted by pkbites View Post
    You guys are talking about points of philosophy and not actual law. And as it stands right now the judge can make this a condition. If we don't like it we can either petition a legislative body to change the law or go to a higher court for a ruling.
    But as it stands now, legally the judge is in his discretion to make such a thing a condition of bail.

    And this type of condition has been made for decades. If it was inherently unconstitutional wouldn't there have been a successful case against it by now?

    In the abstract I am on your side. I've always said that people who cannot be trusted with full rights should not be let out of jail/prison with the exception of a brief probation term on initial release.
    You're getting there PK ..... consider this ...

    Rights cannot be voted on .. because they are just that, rights. Irrelevant if no judge(s) VOTED on the right .. such votes that attempt to limit the right are void (just like laws are).

    There are no "full rights" or "partial rights" .. only rights.

    Something to mull over.

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    Quote Originally Posted by davidmcbeth View Post
    You're getting there PK ..... consider this ...

    Rights cannot be voted on .. because they are just that, rights. Irrelevant if no judge(s) VOTED on the right .. such votes that attempt to limit the right are void (just like laws are).

    There are no "full rights" or "partial rights" .. only rights.
    Except exercise of rights can be legally suspended.

    Tell me you don't really think inmates in prisons have the right to bear arms while incarcerated.

    And once again, your arguments don't make any of this so. If you have a problem with what authority a judge has, this is not the place to do something about it.

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    Quote Originally Posted by pkbites View Post
    Except exercise of rights can be legally suspended.

    Tell me you don't really think inmates in prisons have the right to bear arms while incarcerated.

    And once again, your arguments don't make any of this so. If you have a problem with what authority a judge has, this is not the place to do something about it.
    David knows.... He just storms right past checkpoints while armed screaming "get more bodybags!!" And then storms into the court room while in session to give the judge a "tongue lashing". [emoji14]

    Lol sorry brother couldn't help it. Hes my hero. Him and walkingwolf should be in the next expendables movies to make a cameo. The baddest of the bad baby.

    One sauntering in with with his revolvers and the other with his home made ghost guns. He'd have like 48 of them hidden on him and reload like matrix. They'd pew pew. And the other would stop bullets with his mind or talk down a suicide vest bomber until he could pin them and absorb the blast for everyone.

    Lol [emoji12]
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    David our hero
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    Quote Originally Posted by Firearms Iinstuctor View Post
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    Never let it be said that I never did the least I could have done !

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