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Thread: Recent article for Racine WI

  1. #1
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    Man Facing Charge for Showing Weapon Lauren Leamanczyk
    RACINE - A Racine man could be in trouble for using a gun to defend himself.

    The man was riding his bike near 12th and Grand. He was carrying a holstered gun. He told police a group of teens knocked him off his bike and hit him in the head. The man grabbed his gun, pointed it in the air, and yelled, "Gun." He says the teens scattered.

    Minutes later, the man flagged down a police officer. The police took his report and gave him back his gun. They would have left it at that.

    But there is a catch. Attorney General J.B. Hollen wrote an opinion last month saying police cannot cite someone for carrying a holstered handgun. However, state law says it is illegal to have a gun within 1000 feet of a school. There are two schools within feet of the scene at 12th and Grand.

    Police have not issued a citation. They have forwarded the reports to the Racine County district attorney to get his opinion on the case.

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    jcseeger wrote:
    Snip>

    Man Facing Charge for Showing Weapon Lauren Leamanczyk
    RACINE - A Racine man could be in trouble for using a gun to defend himself.

    The man was riding his bike near 12th and Grand. He was carrying a holstered gun. He told police a group of teens knocked him off his bike and hit him in the head. The man grabbed his gun, pointed it in the air, and yelled, "Gun." He says the teens scattered.

    Minutes later, the man flagged down a police officer. The police took his report and gave him back his gun. They would have left it at that.

    But there is a catch. Attorney General J.B. Hollen wrote an opinion last month saying police cannot cite someone for carrying a holstered handgun. However, state law says it is illegal to have a gun within 1000 feet of a school. There are two schools within feet of the scene at 12th and Grand.

    Police have not issued a citation. They have forwarded the reports to the Racine County district attorney to get his opinion on the case.

    Snip>
    The man was not charged by the police, so obviously the police side with the victim in this case. if the DA decides to charge this man for brandishing or being within a school zone, he will be committing political suicide IMO.

    Why?
    because the guy was attacked by a pack of feral teens, he was able to stop their unprovoked attack on him by drawing his weapon and shouting, which was enough to stop this feral pack that acted like rabid baboons without firing and killing one or more of them.

    With you being a brand spanking new member to the forum, I suggest youtake a look around, andlearn some things. This article about the incident in racine was posted days ago.





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    Thanks for the advice on looking around. I am really sorry I did not notice it on another post. Yes, I am a new member to the board. Everybody has to start somewhere.

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    Welcome JC

    Good to have you here! Fellow OC'ers are always welcome!

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    I might suggest that we all be a little more courteous if we want new members to join our cause.

    I have noticed some pretty rude posts firing out at people who have posted news that was already posted at an earlier date.

    Being rude to people will not help our cause and neither will it prove to the general public that we Americans who would like to exercise our right to carry are not rude obnoxious people who do not care about the feelings of others.

    But hey that's just my 2 cents

    I may be new to this sight but I have open carried throughout my adult life and opened carried throughout the united states as an active bail enforcement agent.

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    Thank you very much for the warm welcome. I was seriously considering if I should participate in the forum or not. I changed my mind this afternoon when I turned on the channel 6 news and watched a clip on open carry and some of the comments the Attorney General J. B. Van Hollen made to some law enforcment officials. If I recall correctly, he stated that one solution to the open carry is to have a concealed carry law. That sparked my interest back to watch this forum to see what is to come. Fox6now.com has a link to a video about it. I have a brother who lives in Michigan that has a concealed carry permit and I love listening to his stories of different situations in relation to his permit. Is going for a concealed carry law a good thing or would the law makers make it so restricted that nobody can get the permit.

    I apologize in advance if this is a post that is already on the forum, has spelling errors, incorrect grammar, wrong font, or does not conform to all forum standards written or implied.

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    Welcome J. Gleason:

    All opinions are important, whether they are old, new or repeated. Every opinion may have something new and useful.

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    Founder's Club Member springfield 1911's Avatar
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    No charges in armed bicyclist incident


    By Journal Times staff
    Wednesday, May 13, 2009 3:59 PM CDT
    RACINE — No charges were filed as of Wednesday against an armed 42-year-old Racine man who apparently ran off a group of teens who attacked him earlier this month.

    The man has not been arrested in connection with the May 1 incident, Racine police said.

    A recent letter to the editor published in The Journal Times criticized police for an arrest, but the man has not been taken into custody, said department spokesman Sgt. Bernie Kupper.

    The incident raised questions from law enforcement as the man, who asked not to be identified, was openly carrying a Smith and Wesson revolver in a side holster as he rode his bicycle in the 1100 block of Grand Avenue.



    According to police reports, the man was knocked from his bike by four teens attempting to rob him. The bicyclist pulled out his gun, pointed it at the sky and yelled, “Gun!”

    The group of suspects ran, and the man flagged down a Racine police officer.

    At the time, the man was openly carrying his firearm, which a recent opinion by the state Attorney General’s Office says is legal under Wisconsin law. However, he was also within 1,000 feet of Walden III School, 1012 Center St. Existing state statute says possessing a gun within 1,000 feet of a school, if not on private property, is illegal.






    At the time of the incident, police did not arrest the man. They escorted him home and returned his gun to him. In the days following, Racine County District Attorney Mike Nieskes said he was discussing the incident with the Attorney General’s Office, as local law enforcement want clarification about what to do in such situations.

    As of Wednesday, no such clarification had been made public.
    http://www.youtube.com/watch?v=zJQ34JTqk0I

    In the ashes burns an ember of liberty, We are the fuel to ignite the ember into a flame of liberty.

    The embodiment of our founding fathers will not be found in one man , But in Many.

    ****** give it away ( Our rights ) prostitutes sell it (Mandated training).

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    Hopefully the DA will decline to prosecute. Even if he does prosecute- I'm not sure how those charges can stick. Didn't the Vegas case law say that concealed carry is illegal, but not if you use a previously concealed weapon in self defense? Same here - open carry within 1000' of a school is illegal - but he used his firearm to defend himself so just let him be.

  10. #10
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    Not that I want anyone to be prosecuted or persecuted for exercising their constitutionally protected rights, but I really wish that either: A the DA files charges and the guy wins in court (although if he loses it is a Class I felony), or B the AG says that the 1000' law is unenforcible. If the AG weighs in, it doesn't set precident, but it is at least a start.
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  11. #11
    Founder's Club Member springfield 1911's Avatar
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    No charges for armed bicyclist


    BY MARCI LAEHR TENUTA
    mtenuta@journaltimes.com
    Friday, May 15, 2009 4:40 PM CDT


    RACINE — The armed bicyclist who scared off a group of teens he believed were trying to rob him earlier this month will not be charged, the Racine County District Attorney’s Office said Friday.

    In a letter to the 42-year-old Racine man, who has asked not to be identified, District Attorney Mike Nieskes wrote, “After speaking with the investigating officer on this matter, I have decided it would not be in the greater interest of justice in the community to charge you with violation of Wisconsin Statute regarding gun free zones.”

    According to police reports, the man was riding his bicycle in the 1100 block of Grand Avenue on May 1 when he was knocked from his bicycle by four teens. The man told police he thought the group was trying to rob him, so he pulled out the revolver he was openly carrying in a side holster. Reports said he pointed the gun at the sky and yelled, “Gun!”

    The group of teens fled and the man flagged down a Racine police officer. During the assault, the man suffered a wrist injury. He was treated at the scene by Racine rescue.


    Police did not arrest the man. They escorted him home and returned his gun to him.

    However, the incident raised questions from law enforcement because the man was armed within a 1,000 feet of a school, which is illegal under state statute. The current law conflicts with a recent opinion by the state Attorney General’s Office which said it is legal to openly carry a firearm.

    In his letter, Nieskes said the decision not to charge the man was based on the recent determination of the attorney general, along with the man’s lack of prior criminal record and no showing of irresponsible use of the firearm. “I don’t believe it would be appropriate to charge you,” Nieskes wrote. “I will presume that you understand that despite the announcement by the Attorney General for the State of Wisconsin regarding open carry, that you and all other individuals, a notable exception being on-duty police officers, are barred from possessing a firearm in certain circumstances and place.”






    Nieskes also outlined the statute that limits open carry. He said according to state law, a person cannot be in possession of a handgun if: intoxicated; in a place that gets more than 50 percent of its income from alcohol sales; in a government building; within 1,000 feet of a school zone if not on private property; any property or business where there is a sign prohibiting firearms; or in a motor vehicle or motorcycle unless the firearm is unloaded, encased and placed out of reach.

    The apparent conflict between state statute and the recent open carry decision had local law enforcement looking for clarification. The Racine police department never arrested the armed bicyclist and never referred charges to the District Attorney’s Office.

    When asked how the police department would handle such incidents in the future, department spokesman Sgt. Bernie Kupper said, “We’re going to handle each situation based on its own merits and relevant points. Our goal is not to target individuals carrying firearms, nor is it our goal to ignore the obvious violations.”
    http://www.youtube.com/watch?v=zJQ34JTqk0I

    In the ashes burns an ember of liberty, We are the fuel to ignite the ember into a flame of liberty.

    The embodiment of our founding fathers will not be found in one man , But in Many.

    ****** give it away ( Our rights ) prostitutes sell it (Mandated training).

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    This guy, however unwittingly, may have done everyone a favor by bringing the 1000 foot school zone law into question. As criminals don't obey the law, why should law abiding 2A supporters suffer for this?
    This takes the emotion out of the argument, and states facts. This guy may have been seriously harmed or killed if he didn't OC. No disputing this. This further brings forth the folly of "gun free zones".


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    I hope that this helps the fellow from Peewaukee, who has been charged for exercising his rights within a thousand feet of a school.

    The stupid "gun free school zone" law must go, as should the equaly stupic no loaded gun in the car law.

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    Sorry I did not hear about the guy in Pewaukee. I must have fell asleep.


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    Here is the link to the Pewaukee thread. There have been no updates in a couple of weeks. Maybe someone in the area can figure what is going on. May the fellow is negotiating a plea bargain, maybe charges have been dropped. I do not want to jinx the negotiations for him, but I'd like to know what is happening.





    http://opencarry.mywowbb.com/forum57/25254.html

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