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Who has been stopped by LEO while carrying?

xdfan83

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Just wondering how many of us have been stopped by LEO's while open carrying since the AG memo.  If you have been stopped maybe you could share with us what happened.
 

GlockMeisterG21

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Me. The quick version was I was reading a book after eating some chinese in the Food Court of Brookfield Sqaure. I was approached by two cops and then told that I was being asked to leave. Both Officers were very professional. I was asked for my ID but politly declined. I was escorted outside.

As long as you are polite to Police they will generally be polite in return. There is a big difference between being a tool and being a polite citizen who knows his rights. I just can't emphasize it enough, be polite but firm.
 

GlockMeisterG21

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Doug Huffman wrote:
So, are you on trespass notice at Brookfield Mall and/or Food Court? What will happen if you OC there again? Why were you asked to leave? Why did the proprietor's agent not ask you to leave?
To your first question, I don't know. They did not get any information about who I am as I did not show ID. They my have my picture somewhere but they don't have any information about me so it would be a little hard to put a notice out. Also I was not informed of such a notice as I have had no contact with any mall employee.

To your second, I assume they'll do the same thing and have me escorted out. I do not plan to OC there again until I have heard back from mall management.

To your third, I was asked to leave because of item 20 of their behavioral code of conduct found here...

http://www.shopbrookfieldsquaremall.com/shop/brookfield.nsf/security

To your fourth, I asked the responding officers that very question. He said and I quote "You have a gun and we have guns. They were uncomfortable approaching you so they called us."


I sent an email out to mall management as have a few others. I know Nik has called them and spoke with the manager and he said that he would kick it upstairs. I am considering calling them myself as I sent that email out thursday and have yet to get a response.
 

GlockMeisterG21

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Just got off the phone with Scott the manager at Brookfield Square. I contacted him to see if this has gone anywhere and he did tell me that he's sending all the emails, phone calls, and everything else up to corporate and is waiting to hear for them. He assured me that they are taking this very seriously and not sweeping this under the rug. I guess at this point it's just wait and see.
 

Nutczak

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Although I have had unsolicited contact with law enforcement while open-carrying a holstered firearm.Contactwas not because of the firearm.

We had our vehicle parked on the side of a rural road while we were picking Blueberries, The officer stopped to see if we needed assistance and if we were ok. When he noticed my holstered firearm his only question was "have youhad any bear issues?" (black bears are common in this area, and they feed on the same blueberries we were harvesting) and said "Alright, have a good day" and we thanked him for stopping to check on us.

He never exited his car, or did he seem to run the license plate on the vehicle for background or warrant checks while he was on-site. The entire encounter was less than 1 minute.

This took place 2-3 years ago in Rural Oneida county, in the town of Hazelhurst I am not going to say the road name to protect one of my blueberry patch locations from interlopers.
 

Doug Huffman

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943.13 Trespass to land.
[ ... ]
(1m) Whoever does any of the following is subject to a Class
B forfeiture:
(a) Enters any enclosed, cultivated or undeveloped land of
another, other than open land specified in par. (e) or (f), without
the express or implied consent of the owner or occupant.
(am) Enters any land of another that is occupied by a structure
used for agricultural purposes without the express or implied consent
of the owner or occupant.
(b) Enters or remains on any land of another after having been
notified by the owner or occupant not to enter or remain on the
premises.
(e) Enters or remains on open land that is an inholding of
another after having been notified by the owner or occupant not
to enter or remain on the land.
[ ... ]
 

Nutczak

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Doug, this is not meant as a slam or a slight towards you,

But I would find it very helpful if along with your quoting of statutes, that you could add some personal thoughts or at least state the point you are making. Maybe even your own interpretation of the statute and some relevant legal interpretation of it too.
 

Doug Huffman

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It is not my intention to be argumentative. You'll have to learn the differences between argument and disputatiousness. I have no point to defend.

Do you imagine that 943.13 is mundane to your berry picking? If not, good. If so then maybe all about Wisconsin trespass law is not common knowledge. But I sure as hell don't want to hear the details.

I am a land owner with 1250 feet bordering a public highway. I walk it OC picking up trash every day.
 

Nutczak

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That helps clear up your statute quoting,

I was unsure if it was aimed atG-M's being asked to leave the mall, or my roadside berry harvesting contact.
I actually am familar with trespass laws in WI since I am an avid outdoorsman andland owner.I like to research laws so I do not mistakenly break any of the lesser known laws.
BTW, we mostly do ourforaging on "Forest crop law" land which gives landowners huge incentives for allowing non-motorized recreational activities on their land. (IE paper company land) and state & county land.
 

Doug Huffman

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Nutczak wrote:
BTW, we mostly do ourforaging on "Forest crop law" land which gives landowners huge incentives for allowing non-motorized recreational activities on their land.
Better read the law because this

http://dnr.wi.gov/forestry/feeds/faqsFull.asp?s1=ForestTax&s2=FCL-OpenLand&inc=ftax
All Forest Crop Law (FCL) land is open to the public for hunting and fishing. If you decide to hunt or fish on FCL land, please show respect for the landowner's property.
doesn't say "foraging". Says hunting and fishing. Things hunted and fished cross boundaries and are not part of the land's value. Berries and mushrooms and trees and wildflowers arguably are valuable.
 

Nutczak

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Doug Huffman wrote:
Nutczak wrote:
BTW, we mostly do ourforaging on "Forest crop law" land which gives landowners huge incentives for allowing non-motorized recreational activities on their land.
Better read the law because this

http://dnr.wi.gov/forestry/feeds/faqsFull.asp?s1=ForestTax&s2=FCL-OpenLand&inc=ftax
All Forest Crop Law (FCL) land is open to the public for hunting and fishing. If you decide to hunt or fish on FCL land, please show respect for the landowner's property.
doesn't say "foraging". Says hunting and fishing. Things hunted and fished cross boundaries and are not part of the land's value. Berries and mushrooms and trees and wildflowers arguably are valuable.
What you have linked to simply lists a few of the manyactivities the public is allowed to do on FCL designated, and Govt. ownedland.
I do not see berry or mushroom picking as a prohibited activity. And unless it is listed as prohibited, it is therefore legal. Laws list what we are prohibited from doing, they do not list what we are allowed to do.
 
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