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Whats going on in madison

Landose_theghost

Regular Member
Joined
May 17, 2009
Messages
512
Location
Green Bay, Wisconsin, USA
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It's funny how 2idiots like this get tied in with the rest of us (Litteraly milliions of us) law abiding gun owners, who are not in any way affiliated with these smarties.

I'm gonna have to agree with 92fs here and say that indeed the Nerfies are going to make a HUUUGE deal about incedents like this im sure.:banghead:

On a related note, can they even legaly charge the 2nd guy with CCW if he was in his own house? I thought one could Legally CCW so long as they're on their ownprivate property? <------Clarification needed

-Landose-
 

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
imported post

Landose_theghost wrote:
It's funny how 2idiots like this get tied in with the rest of us (Litteraly milliions of us) law abiding gun owners, who are not in any way affiliated with these smarties.

I'm gonna have to agree with 92fs here and say that indeed the Nerfies are going to make a HUUUGE deal about incedents like this im sure.:banghead:

On a related note, can they even legaly charge the 2nd guy with CCW if he was in his own house? I thought one could Legally CCW so long as they're on their ownprivate property? <------Clarification needed

-Landose-

Under 941.23

[align=left]The concealed weapons statute is a restriction on the manner in which firearms are[/align]
[align=left]possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit[/align]
[align=left]in the exercise of the police power is substantially outweighed by an individual’s need[/align]
[align=left]to conceal a weapon in the exercise of the right to bear arms will an otherwise valid[/align]
[align=left]restriction on that right be unconstitutional, as applied. The right to keep and bear[/align]
[align=left]arms for security, as a general matter, must permit a person to possess, carry, and[/align]
[align=left]sometimes conceal arms to maintain the security of a private residence or privately[/align]
[align=left]operated business, and to safely move and store weapons within those premises. State[/align]
[align=left]v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056. See also State[/align]
v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01−0350.



From the websitehttp://www.legis.state.wi.us/statutes/Stat0941.pdf
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
imported post

Mlutz wrote:
Landose_theghost wrote:
It's funny how 2idiots like this get tied in with the rest of us (Litteraly milliions of us) law abiding gun owners, who are not in any way affiliated with these smarties.

I'm gonna have to agree with 92fs here and say that indeed the Nerfies are going to make a HUUUGE deal about incedents like this im sure.:banghead:

On a related note, can they even legaly charge the 2nd guy with CCW if he was in his own house? I thought one could Legally CCW so long as they're on their ownprivate property? <------Clarification needed

-Landose-

Under 941.23

[align=left]The concealed weapons statute is a restriction on the manner in which firearms are[/align]
[align=left]possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit[/align]
[align=left]in the exercise of the police power is substantially outweighed by an individual’s need[/align]
[align=left]to conceal a weapon in the exercise of the right to bear arms will an otherwise valid[/align]
[align=left]restriction on that right be unconstitutional, as applied. The right to keep and bear[/align]
[align=left]arms for security, as a general matter, must permit a person to possess, carry, and[/align]
[align=left]sometimes conceal arms to maintain the security of a private residence or privately[/align]
[align=left]operated business, and to safely move and store weapons within those premises. State[/align]
[align=left]v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056. See also State[/align]
v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01−0350.



From the websitehttp://www.legis.state.wi.us/statutes/Stat0941.pdf
I can understand why he got a CCW charge inside his residence. Hamdan does not give an absolute right to conceal in one's home. Here's another portion from the Hamdan opinion. I've italicized some important phrases:

"The case should be dismissed unless the State can show probable cause that Hamdan had an unlawful purpose when he was carrying the concealed weapon. Hamdan asserted that he was exercising his constitutional right to bear arms for only lawful purposes and, at this time, there is no evidence that Hamdan had any unlawful purpose nor has the State asserted such an intent."


In the latest case the guy did not have a lawful purpose for concealing his weapon. He pulled it in the heat of a verbal argument with his roommate, not in response to an imminent danger of great bodily harm or death. In common parlance, he brandished it.
 

Lurchiron

Regular Member
Joined
Apr 7, 2009
Messages
1,011
Location
Shawano,WI.
imported post

Landose_theghost wrote:
I wasn't aware that it was illegal to have a knife in your car. :banghead: But I soppose this story is from the Belly of the beast (madison).
concealed if not on your body & visible...watch your local blade length laws...err ordinances.
 
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