Pewaukee man busted for open carry?

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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.

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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.

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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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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?

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

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nevinsb wrote:

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

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dumb bass, spell checking is part of http://www.wowbb.com/

rich text editing and spell checking,

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Don't be jealous that some of us with superior browsers have this feature integrated.

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it appears that this is a video report of same guy: http://www.fox6now.com/news/witi-090429-concealed-carry,0,4370239.story- I guess he did not read the whole AG's memo as far as restrictions on carry in the state that do exist, unlike the mythical open carry ban by way of disorderly conduct.

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Mike wrote:

it appears that this is a video report of same guy: http://www.fox6now.com/news/witi-090429-concealed-carry,0,4370239.story- I guess he did not read the whole AG's memo as far as restrictions on carry in the state that do exist, unlike the mythical open carry ban by way of disorderly conduct.

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correct, that is the video from last night. jsonline decided to twist the story slightly differently than fox-6.

It's so nice to know that we get a warped idea of things from these jerks. why spin a story? To me, when something happens, its pretty clear cut..

I see it all the time. Whenever I watch (insert news network name here) I notice that videos are edited and spliced to change reality. I saw one video from a news organization of an interview of the Obamas. They showed a clip of the Obamas having sort of like a little fight , or squabble, about doing dishes. (like normal couples do) When I found the real video, it was completely different. the interview just asked them if its hard to adjust to not doing dishes or making beds... They didn't fight in the unedited version... They just answered the question. In fact, in the REAL video, they seemed very sweet to each other. Weird.

These videos to me are always very easy to spot. You can tell by the inflection in someone's voice, that they're not done talking when tey get cut off. Also watch out for slow motion. Every time you want to make someone look bad on T.V. it is either a still photo, or slow motion. The reason for this is that if you record anyone for awhile and play it back in slow motion , you can get a clip of them looking mean, stupid, guilty, or whatever you want to portray through editing.

It is also easy to get a still photo of someone looking mean or angry or dumb.

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That's why I don't watch fox news. They are way to politically oriented.

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If the police did not appear until after this guy was at home, he provided the best evidence for the police to get him convicted. He convicted himself by admitting to his crimes.

There is nothing wrong with wearing an empty holster IMO, but if that is the only thing the police had on him was a witness report, leave it at that and STFU. But the guy did break several laws in his ignorance, there is no excuse for his illegal behavior. I wonder how far back this is going to set us now. The best he could do is plea-bargain to get this reduced to a misdemeanor. He might have a chance with a good attorney and if there were any technical errors on his questioning. My question is if he did admit his carrying in a restricted zone and in a car before or after being placed under arrest?

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Exactly correct. When the police interviewed him at his home, if had simply said, "I do not answer questions from police without talking to an attorney, we would not be talking about this now. Everyone should watch this youtube video. Even if you have done nothing wrong and you know it, why you still should not talk to the police.
http://www.youtube.com/watch?v=6wXkI4t7nuc

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He has little defense I think...he clearly cannot claim he "did not have a reasonable cause to believe that it was a school zone" which could create enough doubt to stop charges. Also, he talked to the police...a bozo no-no. If LEOs can arrest you they will not waste any time....they will simply arrest you right away. However if they cannot arrest you the Police talk with you to establish probable cause to arrest. Assuming you are not under arrest before they try to talk with you, you can remain that way if you do not talk and possibly give them more evidence to arrest.

At the very least he will be charged with carrying a firearm into a public building (I assume the school was public?)

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This is a message for all of us not used to openly carrying. We have to be so careful about where we go, i.e. schools (and school zones), government buildings, any place that serves alcohol for consumption, etc.
For example, on my property I can carry, but walk to the street and I'm on public property within 1000 ft of a school's property.
Wisconsin has such goofy firearm laws, you could get caught on something stupid without you knowing.

Keep informed! Understand where you can and cannot carry. When in doubt, don't openly carry until you know for sure. Stay safe.

MOLON LABE!!!

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I feel bad for this guy, I wish he would have learned before he acted, like we did!I knew about the carry in the vehicle law and school zone law sinceI was 15...... and didn't even own a gun then. As a gun owner it is you robigation to know these laws, not just as an open carrier. However I do not think this will set back out cause at all. hopefully it will only raise awareness of the education needed to open carry. Were all still fighting and were fighting hard! Once we stop fighting that is the the time our cause gets set back. keep on keeping on guys!

Ben

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This is a clear intimidation tactic. They are trying to make this fellow an example to intimidate the rest of us. We should at least show moral support. If asked about this, my response would be that it is unfortunate that this fellow was snared in the existing muddle of laws while simply trying to exercise his constitutional rights. If only he had been a little more educated, simply knowing not to talk to the police in an investigation, he probably would have been fine.

All of us break some laws every day, because there are so many of them we cannot possibly know them all.

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Mike wrote:

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.

Click to expand...

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.

Click to expand...

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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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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What if you do not own a car? How would you transport your encased fire arm? It seems to me that unloaded and encased solves the problem even within the letter of the law. Am I wrong on this?

After watching the FOX6 News Video I have another thought. Why at the end of the video does it state that Hooyman said, "People should just disregard the law and leave your gun at home." Something seems a little a miss to me. If you support your rights then why would you say people should leave their gun at home. Is this whole thing a staged incident to be used as a scare tactic? Because if you have the firearm encased and unloaded you are LEGAL. And if you didn't, why would you incriminate yourself when the police did not have substantial evidence to charge you with a crime?

Am I missing something here? :shock:

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J.Gleason wrote:
What if you do not own a car? How would you transport your encased fire arm? It seems to me that unloaded and encased solves the problem even within the letter of the law. Am I wrong on this?

After watching the FOX6 News Video I have another thought. Why at the end of the video does it state that Hooyman said, "People should just disregard the law and leave your gun at home." Something seems a little a miss to me. If you support your rights then why would you say people should leave their gun at home. Is this whole thing a staged incident to be used as a scare tactic? Because if you have the firearm encased and unloaded you are LEGAL. And if you didn't, why would you incriminate yourself when the police did not have substantial evidence to charge you with a crime?

Am I missing something here? :shock:


According to case law in Wisconsin, if you have a firearm in a case that is within reach, even if it is unloaded, then it is considered to be a concealed weapon. This is a bizzarre definition, in my opinion, but it is law in Wisconsin. Many states specifically make guns in cars by definition, not concealed if they meet certain criteria. In Arizona, for example, a gun in a case designed for carrying weapons, or in the glove box or in a map pocket is defined as not being concealed.

Anyway, the current case law in Wisconsin is that not only does the gun have to be cased and unloaded, which has been standard practice in Wisconsin for a long time (based on fish and game regulations), but it now has to be out of your reach to meet the silly state standards on concealed weapons.

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Here is a little more information about the arrest:

A 32-year-old Pewaukee man has been charged with possession of a firearm in a school zone.

Bret P. Hooyman was arrested after he and his girlfriend met his girlfriend’s ex-husband at Friess Lake School in the town of Richfield for a child custody exchange at 6 p.m. Friday, according to Washington County Sheriff’s Department Capt. Steve Gonwa.



http://www.gmtoday.com/news/local_stories/2009/April_09/04302009_04.asp

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Again, what if you do not own a vehicle? Does that mean you cannot carry because you cannot unload and encase the fire arm and have it outside of your reach? Isn't that in itself infringing on your right to carry. I mean, when the constitution was written they did not have cars! Where did they put their firearms? Oh that's right, they had common sense and this wasn't an issue.

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Mike wrote:

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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GA has a school zone law, but there's an exemption (off school grounds) for someone (otherwise) lawfully passing through. That does not, however, get you an exemption from the federal school zone law (but a GA firearms license does).