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Thread: Pewaukee man busted for open carry?

  1. #1
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    Fox 6 news at 9. They are having a story on this tonight.

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    Spongebob wrote:
    Fox 6 news at 9. They are having a story on this tonight.
    Website for video?? links?

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    I am working on the link now, looks like a school zone violation, They haven't aired the story yet...


    http://www.jsonline.com/news/wisconsin/44015697.html


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    messed up, now he can't see his little girl. The system works! God.... WHAT ARE THEY THINKING!?!?!?!?


    Everybody make sure to sign the petition to get rid of the school zone law, and for oc in cars! This pertains to both.

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    He admitted to investigators that he had removed the gun from a holster before exiting the vehicle wearing the holster, the complaint says. It is illegal in Wisconsin to possess a firearm within 1,000 feet of a school.
    So he was wearingthe gun in a holster in his vehicle? In a school zone? double no no.

    I'd hate to see someone inadvertently walk into a school zone and get busted. But until the law changes (if it changes) knowingly going to a school while transporting your gun inside your vehicle on your person.

    This guy clearly never visited opencarry.org. He'd know better.

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    Keep in mind, that the facts in the story may be incorrect, or at least twisted. Hugh jarmis, switch on fox 6 quick its comin on after this commercial! I hope this guy does not hurt the cause.

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    Too bad, I hate to see someone facing a felony who had no ill intent. It is also too bad that he brought the gun onto school grounds as he cannot even challenge the validity of the 1,000 foot rule now.

    Before people open carry, they MUST know the laws that may impact them. Imagine, someone getting arrested for open carrying and his name is not Jesus.

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    There's obviously more to the story than was reported. Since in the report which they only show a glimpse of, he also mentioned that he was carrying the gun because of a "recent law change."

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    I agree nevinsb, something more is going on here. The journal said he removed the gun in the car. I highly doubt that he was driving down the street OC. who knows....

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    Too bad, I hate to see someone facing a felony who had no ill intent.
    I agree. cross a line in the sand and now he's going to be a felon?

    Hopefully they don't charge him with a felony. I hope law enforcement doesn't try to make an example out of him or take out their frustration that people are exercising their rights by throwing the book at him hard.

    Having said that. He should have known better.

    From the TV report it sounds like the guy was otherwise law abiding. Yet another perfect example of how our government and their 'feel good legislation' and 'zero-tolerance mentality' turns law abiding people into criminals.]

    I mean assault someone. Steal from someone. Threaten someone. Destroy property... whatever... Throw the book at them. But god forbid you walk over a line in the sand and you're felon for life?

  11. #11
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    if thecurrent story is correct,

    the guy F'ed-up royally and broke several laws. and gave us all a black-eye.
    He should have researched the laws and this would not have happened. I feel sorry for him becuase he will most likey be charged as a felon, and lose most of his rights now.

    To combat situations like this happening in my area, I have been printing theappropriate statutes, restrictions and other pertinent info and posting them at the popular gun shop in town so the people that decide to O-C know the laws they must abide by, along with knowingtheir rights, and how not to have their rights violated.

  12. #12
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    He should have known the law - he is going to give lawfull OC'ers a bad name.



    That being said - the laws need to be clarified and lightened. I'm not a threat to small children while walking the opposite direction of my house - but I cannot OC because my house is only two block away from an elementary school. There was too big of a reaction when they decided to pass the school zone law. Prosecute the criminals (bad people) but leave the rest of us alone!

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    After reading the article again, he must have ratted himself out to the police. Never talk to the police, it can only hurt you.

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    So let me get this straight.... you can't havea firearm in a car 1000 feet from school??? Or does this just apply to OC. I live with in 1000 feet of a school and this is easily something that could get me in trouble. Now does this only apply if i park on the street, but not in my driveway. Man we need everybody to sign that petition

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    Look at the statute at http://nxt.legis.state.wi.us/nxt/gat...amp;jd=948.605.

    The exceptions include being on private property, and if unloaded, provided gun is either than encased or locked in a vehicle gun rack.

    Now an encased handgun carried in your hand is also arguably an unlawfully concealed handgun being carierd about your person - so if you carry an unloaded handgun in a case, I would make sure it is a locked case.

    Anyway you look at it, this Wisconsin 1000 ft scgool zone statute is a problem. I think only Calif. has such a zone - anyone know if any other state has such a zone?

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    Here is my letter to the JS editors, If they run it, you guys will have to let me know.

    Dear Editor:

    Regarding the April 29, 2009 Online article "Pewaukee man charged with carrying gun near school." The article provided false information to the public.

    The article stated, "It is illegal in Wisconsin to possess a firearm within 1,000 feet of a school." That is FALSE. According to state statutes, it is LEGAL to possess a firearm within 1,000 feet of a school zone but it must be encased and unloaded if on public property. If on private property, there is no restriction, it can be uncased and loaded.

    It is also possible to have loaded firearms INSIDE the schools in Wisconsin. As a hunter safety instructor, I have taught many classes inside Wisconsin's public schools. During these classes, my students routinely practice loading and unloading of firearms, again inside the school.

    I respectfully suggest that you consult legal counsel for accuracy before posting or printing any further information on what is legal or illegal in Wisconsin, or Wisconsin law in general as your reporters and editors obviously do not know the law.

    As to Mr. Hooyman, yes he should have known the law, but given the JSOnline reporters and editors couldn't sort through the seventy-one (71) contradictions in the Wisconsin statutes regarding firearms and figure out what is legal and what is not, is it any wonder why he (Hooyman) couldn’t?

    Maybe it’s time for the state legislature to act and correct the seventy-one (71) contradictions regarding firearms that currently exist in the Wisconsin state statutes.

    Respectfully,

    bnhcompting
    address, etc.


    I include the relevant statutes for reference

    948.605(2)(a)
    (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.

    948.605(2)(b)
    (b) Paragraph (a) does not apply to the possession of a firearm:

    948.605(2)(b)1.
    1. On private property not part of school grounds;

    948.605(2)(b)3.
    3. That is not loaded and is:

    948.605(2)(b)3.a.
    a. Encased; or

    948.605(2)(b)4.
    4. By an individual for use in a program approved by a school in the school zone;


  17. #17
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    So lets take bets.

    What are the odds this guy in pewaukee gets a stiffer sentence than this guy:

    http://www.todaystmj4.com/news/local/44007447.html

    Washington High Student Arrested for Carrying Gun in School
    By
    Dan O'Donnell

    MILWAUKEE - The Milwaukee Police Department arrested an 18 year-old Washington High School student Wednesday after the school's principal saw the young man carrying a handgun in the hallway.

    "The student appeared to be concealing a handgun in his waistband, so the principal called the student into the office," Milwaukee Police Sgt. Mark Stanmeyer explained in a news release. "Once in the office, school staff recovered a .22 caliber semi-automatic pistol from the student and held him for officers."

    The suspect is a convicted felon and is currently on probation for a firearms-related offense. He will be referred to the Milwaukee County District Attorney's Office for possible criminal charges.


    So lets get this straight. This adult (he's 18) who is ALREADY a convicted felon, takes a CONCEALLED gun into A SCHOOL ZONE. (ding ding, In hockey, thats a hat-trick)

    -felon in possesion of a firearm

    -concealled weapon

    -school zone felony violation IN the school

    I'm going to make a note to myself to follow this case and see what happens to the kind of person who law OUGHT to come down on, (this 18 year old convicted felon) compared to the (by news accounts) otherwise law-abiding citizen in pewaukee who didn't educate himself in the law.

    This news story is the one guys like Mayor Barrett and Ed Flynn and ALL the other mamby pamby fear-mongering/sky-is-going-to-fall anti-gun talking heads need to take a hard look at. MAYBE they would realize that BAD GUYS ALREADY HAVE CRIMINAL RECORDS. BAD GUYS ARE ALREADY FORBIDDEN TO HAVE GUNS. BAD GUYS DON'T OPEN CARRY. HELL, BAD GUYS DON'T EVEN BUY HOLSTERS, they "tuck it in their waistband"

    Are you paying attention Mayor Barrett?

    And its nice to see convicted felons with concealled weapons in a school zone get "called to the principles office" while Eddie Flynn promises to have his troops "take to the ground and disarm" law abiding citizens when he see's them.

    Ed Flynn thinks law abiding citizens open-carrying deserve that kind of treatment but a felon carrying a concealled gun in school, they take him to the principles office FIRST and then call police?????




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    Unfortunately the father chrged went **onto the grounds of the school**, and was just not in the zone outside the school - gun bans at schools are not likley to overtunred by courts on constitutonal grounds.

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    This is something that could take something so innocent and make you a felon imagine picking up you kid from school on the way up north on a hunting trip and have a truck load stuff and there are your guns.

    Just imagine what would have happened if they didn't see the gun. I know it has been 18 years since i was in high school but if i got cought with a gun in school my dad would have broke both my hands. not to mention in a coma for a month, and now he is gonna blame it on the open carry and try to use that as an escape.

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    Mike wrote:
    Unfortunately the father chrged went **onto the grounds of the school**, and was just not in the zone outside the school - gun bans at schools are not likley to overtunred by courts on constitutonal grounds.
    LS16SpdZ99wrote:

    This is something that could take something so innocent and make you a felon imagine picking up you kid from school on the way up north on a hunting trip and have a truck load stuff and there are your guns.

    In both cases here guys, you CAN have the firearms in the vehicle as long as they are unloaded and encased. If I have misread the law, please show me where.

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    The dad faces 3 1/2 years for having a gun in his car on school property??? The man that shot and killed another man at a bus stop in tosa is facing 5 years for reckless use of a fire arm and first degree intentional homicide. WTF

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    bnhcomputing wrote:
    Mike wrote:
    Unfortunately the father chrged went **onto the grounds of the school**, and was just not in the zone outside the school - gun bans at schools are not likley to overtunred by courts on constitutonal grounds.
    LS16SpdZ99wrote:

    This is something that could take something so innocent and make you a felon imagine picking up you kid from school on the way up north on a hunting trip and have a truck load stuff and there are your guns.

    In both cases here guys, you CAN have the firearms in the vehicle as long as they are unloaded and encased. If I have misread the law, please show me where.
    Right, but this guy did not fit these exzceptions; further, remember the ban on concealing in Wisconsin - a case in your hand conceals the handgun in my opinion - lock would be best, in trunk out of reach much better.


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    Yes, He must have ratted himself out. He was only wearing a holster when he left his car.....but he admitted to police that he removed the gun from the holster after parking? I really do find it hard to believe that. I mean, really, how can you own a gun in WI and not know that it has to be cased in the car? Of course, he obviously doesn't know much about firearm law, or law in general, since he answered the police's questions...


    Hugh_jarmis, get out of my head! You and I really have similar thought processes lol.


    I bet the 18 year old gets expelled and maybe house arrest. With no felony on a plea bargain.

    The pewaukee man, my guess is FELON for LIFE. no more voting, guns, jobs,

    Has anyone been following the news about now if you are a first time offender under 25 and get a felony, you can get it reduced to a misdemeanor.. Interesting.


    Maybe they should "publicly shame" the pewaukee man. I mean, was what he did worse than being part of a drug ring? Oh wait, i forgot he's not an upper-middle-class college student from UWM. If I had a drug ring, I would be a FELON. If 10 black kids in the hood got busted with 5 lbs of grass and 20 grand in cash, they would be FELONS. Public shaming, WTF!


    Sorry for going off topic, but yea...


    OH BTW as long as I'm OFF TOPIC, does anyone else have a problem with spell check on this forum? Often when I use a contraction ( don't wouldn't shouldn't) It will say I misspelled it. does this happen to anyone else?






  24. #24
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    You using firefox? I don't think the spell check is part of the forum.

  25. #25
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    nevinsb wrote:
    You using firefox? I don't think the spell check is part of the forum.
    dumb bass, spell checking is part of http://www.wowbb.com/
    rich text editing and spell checking,

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