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Man with gun at Mayfair Mall

WIG19

Regular Member
Joined
May 27, 2008
Messages
248
Location
, Wisconsin, USA
imported post

Parabellum wrote:
WIG19 wrote:
Doug Huffman wrote:
Will someone please cite the Wisconsin statute for the weapon enhancement to DC?
Yeah, good luck on that one.
WI Statute 939.63


Yep, that's the weapon enhancer alright. There is, to my knowledge, no specific enhancer to DC. In this situation there is other stuff; but believe it important to remember that if one is ever slapped with a bogus DC charge simply for the act of being armed, there is no enhancer to the bogus DC charge making it DC while armed because either:

a. The DC charge is bogus in the first place or,

b. The weapon IS the DC charge and so 939.63(2) should apply: (2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

Otherwise you'd be getting charged with being armed while being armed.

(well, ok, I know... it's Wisconsin)
 

Teej

Regular Member
Joined
Mar 13, 2008
Messages
522
Location
, Wisconsin, USA
imported post

^^^ Agree with WI there.

IN THIS CASE it was a "loud argument" that flared up during which a

- felon was carrying a concealed weapon (Felon in posession)
- arguing with someone (likely justifies the DC charge)
- pulls out the gun (Assault)

Because he persisted in being disorderly (arguing) and was carrying a gun...DCwA...

939.63(1)
(1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:


As WI alluded to...this is an enhancer to an established crime. Being armed and peaceful is not "DCwA"....
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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Yes, you are right, 1979 to 1997, from 939.63 to Project Exile.

How would the State prove the element of possession to facilitate the predicate crime absent the mens rea of an innocently armed citizen accused of disorderly conduct?

Possession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete, 185 Wis. 2d 255, 517 N.W.2d 149 (1994). See also State v. Howard, 211 Wis. 2d 269, 564 N.W.2d 753 (1997), 95−0770.
WITS, one could be found guilty of DC but always go armed removing the facilitation as I understand the word.
 

Teej

Regular Member
Joined
Mar 13, 2008
Messages
522
Location
, Wisconsin, USA
imported post

Doug Huffman wrote:
Yes, you are right, 1979 to 1997, from 939.63 to Project Exile.

How would the State prove the element of possession to facilitate the predicate crime absent the mens rea of an innocently armed citizen accused of disorderly conduct?

Possession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete, 185 Wis. 2d 255, 517 N.W.2d 149 (1994). See also State v. Howard, 211 Wis. 2d 269, 564 N.W.2d 753 (1997), 95−0770.
WITS, one could be found guilty of DC but always go armed removing the facilitation as I understand the word.
Interesting argument.

Not one I hope to ever have to use however, since I think that and $2 will get me a cup of coffee.
 
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