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State Trooper stops to assist motorcyclist who is open carrying

C

ccwinstructor

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Jul 11, 2008
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Yuma, Arizona, USA
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Yesterday (30 July, 2009), a friend of mine who is in the Wisconsin State Patrol noticed a motocyclist parked on the shoulder of the a highway in northern Wisconsin. The motorcyclist had a pistol in a holster on his hip.

Realizing the potential danger that the motorcyclist was in, the trooper stopped to assist. He approached the motorcyclist and notified him that he (the motorcyclist)was legally open carrying. He then asked if he was aware of Wisconsin firearms laws. The motorcyclist had a State of Michigan CCW permit, and thought that it was accepted in Wisconsin. The trooper explained to him that Wisconsin was probably one of the few states where it definitely was not accepted, and that in Wisconsin, it was a crime to have a loaded gun in a vehicle. The motorcyclist was traveling to South Dakota. The Trooper told him that he believed that the Michigan permit was accepted there, but he was not sure about Minnesota.

The Trooper advised the motorcyclist to place the unloaded pistol in one of the motorcyles storage containers when he resumed his trip, as the next trooper who met him might not be as pro-second amendment as he was. He then gave the motorcyclist information as to where he might obtain the drive belt that he needed for his motorcyle, and wished him an enjoyable trip.

I post this because we hear of so many negative interactions with peace officers, and we do not often hear of the positive ones. In this case the officer went out of his way to assist the motorcyclist to try to keep him out of trouble. If he was anti-freedom, he could as easily left the motorcylist in a state of ignorance and informed other troopers of the possibility of an arrest for concealed carry once the motorcyclist resumed his trip.

I have told the officer that I will not post his name on the forum.
 
P

Pal

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Joined
May 25, 2009
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56
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WI, Wisconsin, USA
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ccwinstructor wrote:
Yesterday (30 July, 2009), a friend of mine who is in the Wisconsin State Patrol noticed a motocyclist parked on the shoulder of the a highway in northern Wisconsin. The motorcyclist had a pistol in a holster on his hip.

Realizing the potential danger that the motorcyclist was in, the trooper stopped to assist. He approached the motorcyclist and notified him that he (the motorcyclist)was legally open carrying. He then asked if he was aware of Wisconsin firearms laws. The motorcyclist had a State of Michigan CCW permit, and thought that it was accepted in Wisconsin. The trooper explained to him that Wisconsin was probably one of the few states where it definitely was not accepted, and that in Wisconsin, it was a crime to have a loaded gun in a vehicle. The motorcyclist was traveling to South Dakota. The Trooper told him that he believed that the Michigan permit was accepted there, but he was not sure about Minnesota.

The Trooper advised the motorcyclist to place the unloaded pistol in one of the motorcyles storage containers when he resumed his trip, as the next trooper who met him might not be as pro-second amendment as he was. He then gave the motorcyclist information as to where he might obtain the drive belt that he needed for his motorcyle, and wished him an enjoyable trip.

I post this because we hear of so many negative interactions with peace officers, and we do not often hear of the positive ones. In this case the officer went out of his way to assist the motorcyclist to try to keep him out of trouble. If he was anti-freedom, he could as easily left the motorcylist in a state of ignorance and informed other troopers of the possibility of an arrest for concealed carry once the motorcyclist resumed his trip.

I have told the officer that I will not post his name on the forum.
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I totally agree with you on this. Not every peace officer treats OC the same way as it should. Some LEO's even support the OC in WI.:celebrate:monkey
 
H

hugh jarmis

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Jun 17, 2008
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New Berlin, Wisconsin, USA
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I post this because we hear of so many negative interactions with peace officers, and we do not often hear of the positive ones. In this case the officer went out of his way to assist the motorcyclist to try to keep him out of trouble. If he was anti-freedom, he could as easily left the motorcylist in a state of ignorance and informed other troopers of the possibility of an arrest for concealed carry once the motorcyclist resumed his trip.

I have told the officer that I will not post his name on the forum.
Click to expand...
To this I say BRAVO!

THIS is what police are suppose to do! HELP law-abiding citizens. USE their discretion! NOT try to "stick" people on techincalities and make criminals out of good honest citizens.

Thank-you for posting!
 
logan

logan

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Joined
May 11, 2009
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433
Location
Greeley, CO
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hugh jarmis wrote:
THIS is what police are suppose to do! HELP law-abiding citizens. USE their discretion! NOT try to "stick" people on techincalities and make criminals out of good honest citizens.
Click to expand...
Totally agree with you hugh.

Thanks for the post ccwinstructor, nice to hear good things about police helping people once in a while.
 
L

Lammie

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Feb 18, 2007
Messages
907
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, Wisconsin, USA
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I don't wish to diminish the positive aspects of this encounter but it serves as a wake up call to us that we must get back on track and vigorously attack the vehicle carry and school zone restrictions. The officer in this case suggested that the firearm be unloaded and placed in one of the containers on the motorcycle. That goes against the State supreme Court judgements in Kieth, Fry and Fisher. Instead of the rider being in jeopardy of a citation for an loaded and uncased firearm in or on a vehicle, with a maximum penalty of $175, the rider was now in jeapoardy of carrying a concealed and dangerous weaponwith a maximum penalty of $1000 and 90 days in jail. The rider definitely was between a rock and a hard spot. Remember in the case of State v. Alloy the III District Court of Appeals ruled that a person must meet the requirements of both statutes 941.23 (prohibition of concealed carry) and 167.31 (requirement that a firearm be unloaded and encased when in or on a vehicle). The Court ruled that in order to be able to comply with both statutes the firearm must be carried out of reach. That is the crux of the problem and why we must return our attention and vigor to recinding the vehicle carry statute. How in the world can you carry a encased weapon out of reach on a motorcycle and avoidthe chance of beingcharged with going armed with a concealed weapon?
 
B

Brigdh

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Lammie wrote:
I don't wish to diminish the positive aspects of this encounter but it serves as a wake up call to us that we must get back on track and vigorously attack the vehicle carry and school zone restrictions. The officer in this case suggested that the firearm be unloaded and placed in one of the containers on the motorcycle. That goes against the State supreme Court judgements in Kieth, Fry and Fisher. Instead of the rider being in jeopardy of a citation for an loaded and uncased firearm in or on a vehicle, with a maximum penalty of $175, the rider was now in jeapoardy of carrying a concealed and dangerous weaponwith a maximum penalty of $1000 and 90 days in jail. The rider definitely was between a rock and a hard spot. Remember in the case of State v. Alloy the III District Court of Appeals ruled that a person must meet the requirements of both statutes 941.23 (prohibition of concealed carry) and 167.31 (requirement that a firearm be unloaded and encased when in or on a vehicle). The Court ruled that in order to be able to comply with both statutes the firearm must be carried out of reach. That is the crux of the problem and why we must return our attention and vigor to recinding the vehicle carry statute. How in the world can you carry a encased weapon out of reach on a motorcycle and avoidthe chance of beingcharged with going armed with a concealed weapon?
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Although I agree that WI vehicle carry as it is has got to go, the motorcyclist in this example clearly is under the protection of the federal firearms transport law, which overrules the WI statue. Unfortunatally that law also requires the firearm to be unloaded and locked in a container.
 
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