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Going to open carry in Wauwatosa today
- Thread starter joshdr
- Start date
hugh jarmis
Centurion
imported post
Common practice for most people in the rare event that they've had contact with the police is to verbally give name and address (but not produce identification)
You are not required to produce identification during a consentual encounter with police. You are not even required to give your name and address. Whether you choose to do so is a personal decision.
Other things of note is to clearly state "I do not consent to any searches, I do not consent to any siezures" if they try to remove your firearm or search your person. They will laugh and do it anyway, but its important that you document that you denied permission to search.
Their search then becomes an illegal search and siezure (again, nothing you can do about it at the time, but later you can)
The reality is, its highly unlikely you will have any interaction at all with the police.
Relax, enjoy your freedom and post up how it went and where you went.
Carry on!
Common practice for most people in the rare event that they've had contact with the police is to verbally give name and address (but not produce identification)
You are not required to produce identification during a consentual encounter with police. You are not even required to give your name and address. Whether you choose to do so is a personal decision.
Other things of note is to clearly state "I do not consent to any searches, I do not consent to any siezures" if they try to remove your firearm or search your person. They will laugh and do it anyway, but its important that you document that you denied permission to search.
Their search then becomes an illegal search and siezure (again, nothing you can do about it at the time, but later you can)
The reality is, its highly unlikely you will have any interaction at all with the police.
Relax, enjoy your freedom and post up how it went and where you went.
Carry on!
Nutczak
Regular Member
imported post
I have nothingpleasant to say about the police in Wauwatosa from my past experience with them. I hope all goes well and you are not harassed, detained or arrested.
I have nothingpleasant to say about the police in Wauwatosa from my past experience with them. I hope all goes well and you are not harassed, detained or arrested.
AaronS
Regular Member
imported post
I carry a copy of Statute 66.0409, and the school zone thing. I just printed them out.
I carry a copy of Statute 66.0409, and the school zone thing. I just printed them out.
smithman
Regular Member
imported post
Howd it go?
Howd it go?
BJA
Campaign Veteran
imported post
Well hope we get a report back soon.........!
Ben
Well hope we get a report back soon.........!
Ben
Nutczak
Regular Member
imported post
AaronS wrote:
Personally I think carrying a map of school zones is a bad thing, the way the school zone exclusion law reads is that you "Must knowingly, or have reason to believe you are entering a school zone". which basically states that if you are ignorant of being in a school zone, it is a decent defense.
So if you have a map of the school zones on your person, and accidentally wander into a school zone, you have no way of claiming ignorance.
Usually ignorance of the law is no excuse, but the way this particular law is written, it leaves ignorance as a defense.
Does anyone have arguments against this line of thought?
here is the statute;
948.605
(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (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.
AaronS wrote:
Personally I think carrying a map of school zones is a bad thing, the way the school zone exclusion law reads is that you "Must knowingly, or have reason to believe you are entering a school zone". which basically states that if you are ignorant of being in a school zone, it is a decent defense.
So if you have a map of the school zones on your person, and accidentally wander into a school zone, you have no way of claiming ignorance.
Usually ignorance of the law is no excuse, but the way this particular law is written, it leaves ignorance as a defense.
Does anyone have arguments against this line of thought?
here is the statute;
948.605
(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (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.
hugh jarmis
Centurion
imported post
Yeah, i would definitely not carry a map of the school zones around. Last week I was up in Port Washington and carried downtown, and then out on the breakwall. I looked around for schools, didn't see any, and figured if I was violating one, I didn't do so knowingly.
Yeah, i would definitely not carry a map of the school zones around. Last week I was up in Port Washington and carried downtown, and then out on the breakwall. I looked around for schools, didn't see any, and figured if I was violating one, I didn't do so knowingly.
smithman
Regular Member
imported post
Nut and Hugh are right on here. You are better of NOT knowing the exact distance to a school zone, due to the "knowingly" clause in the law.
If you want to carry something, print pages 1 and 4 of the AG memo on each side of the same paper. This will be a pocket reference to remind an officer of the rules of detention if necessary, if he is hell bent on detaining you for lawfully carrying. I carry this information around. I also carry a recorder. I have yet to use it once after months of OC.
Nut and Hugh are right on here. You are better of NOT knowing the exact distance to a school zone, due to the "knowingly" clause in the law.
If you want to carry something, print pages 1 and 4 of the AG memo on each side of the same paper. This will be a pocket reference to remind an officer of the rules of detention if necessary, if he is hell bent on detaining you for lawfully carrying. I carry this information around. I also carry a recorder. I have yet to use it once after months of OC.