Any CCW arrests lately?

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Dustiniac:

Please cite the source of your assumtion. The quote from the Asfoor case says nothing about encased or not encased. It is impossible to second guess the Wisconsin Supreme Court. It is true that in this case the firearm was not encased, however, there is no way of knowing if that influenced the SSC opinion.

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Bill Schmitz, or and state law. Also, I've got family and friends whom are law enforcement and they've all said they dont consider that concealed, IAW state law.
I wont be able to comment further on this matter today, I am headed to the bars to forget my name.

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An encased firearm is not "within reach" -- it's in a case. If you think otherwise, then I have to state again that I've had the Crown Jewels of England within my reach.

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Shotgun wrote:

An encased firearm is not "within reach" -- it's in a case. If you think otherwise, then I have to state again that I've had the Crown Jewels of England within my reach.

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Thank you

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I have been told, by avery reputable source, that if you are caught CCW, at worst,you will have your gun confiscated. But no charges will be filed as the state dose not want this sort of case brought to court for obvious reasons.

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FLR72 wrote:

I have been told, by avery reputable source, that if you are caught CCW, at worst,you will have your gun confiscated. But no charges will be filed as the state dose not want this sort of case brought to court for obvious reasons.

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That's probably news to all the people around here who have been charged with CCW within the past couple of months. I don't notice any lack of CCW charges in the published Madison PD "incident reports."

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didn't they nail that kid that got into a fight, and pulled a knife on his attackers in racine, on school property with carrying a concealed weapon, for the knife in his pocket?

sorry to jack the thread for a moment, but it happened guys! i had a genuine, full blown anti come into the shop yesterday, with a group from a supplier who is courting us, some mid management hack. went pale when he saw my gun. so i asked him if i could carry at his store, he almost choked on it, and said he'd have to check with corporate. then he said maybe if i had a permit. i told him in wisconsin we don't need a permit, we have no permit system, and he began to roll his eyes. so i told the lame brain; ok, i got an out of state permit, is that good enough for ya?

no educating that knob!

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I trust you observations Shotgun, and I was a bit vague. I should have included you might or will be arrested, just not prosecuted, at the state level, for CCW after that. But this is second hand information as far as anyone is concerned. Also the return of your gun and in what shape it may be in at that time was not discussed.

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FLR72 wrote:

I trust you observations Shotgun, and I was a bit vague. I should have included you might or will be arrested, just not prosecuted, at the state level, for CCW after that. But this is second hand information as far as anyone is concerned. Also the return of your gun and in what shape it may be in at that time was not discussed.

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Well I checked a few of the people cited in the police reports on CCAP and some of them are in the court system with pending state CCW charges. So it looks like at least in Dane County they're still prosecuting for CCW. I'd be surprised if it's there is only one out of 72 counties still prosecuting for CCW.

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Were they “add on charges” or “stand alone” charges?

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Let me check and get back to you on that.

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How would one determine if it is an "add on" charge? The recent ones have additional charges besides CCW, in a couple of cases they are also charged with disorderly conduct. I imagine seldom is anyone arrested for just CCW because if the weapon is concealed usually nobody would know about it until the suspect gets searched for some reason. One of the cases was where somebody spotted another person with a gun tucked into their pants. When the police arrived they found an unloaded handgun tucked in the suspect's pants, concealed by a jacket. He got both a CCW and D/O/C charges. The published incident reports in Madison represent only a small number of their actual cases so we don't know how many other cases are out there.

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Shotgun wrote:

How would one determine if it is an "add on" charge? The recent ones have additional charges besides CCW, in a couple of cases they are also charged with disorderly conduct. I imagine seldom is anyone arrested for just CCW because if the weapon is concealed usually nobody would know about it until the suspect gets searched for some reason. One of the cases was where somebody spotted another person with a gun tucked into their pants. When the police arrived they found an unloaded handgun tucked in the suspect's pants, concealed by a jacket. He got both a CCW and D/O/C charges. The published incident reports in Madison represent only a small number of their actual cases so we don't know how many other cases are out there.

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I wonder what they used for probable cause on that one? They must have observed the handgun before making contact because in "Terry" is states that an unsubstantiated tip is not probable cause or articulate suspicion for a search. Right?

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Nutczak wrote:

Shotgun wrote:

How would one determine if it is an "add on" charge? The recent ones have additional charges besides CCW, in a couple of cases they are also charged with disorderly conduct. I imagine seldom is anyone arrested for just CCW because if the weapon is concealed usually nobody would know about it until the suspect gets searched for some reason. One of the cases was where somebody spotted another person with a gun tucked into their pants. When the police arrived they found an unloaded handgun tucked in the suspect's pants, concealed by a jacket. He got both a CCW and D/O/C charges. The published incident reports in Madison represent only a small number of their actual cases so we don't know how many other cases are out there.

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I wonder what they used for probable cause on that one? They must have observed the handgun before making contact because in "Terry" is states that an unsubstantiated tip is not probable cause or articulate suspicion for a search. Right?

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Not exactly. You're probably thinking of Florida v J.L which ruled that an anonymous tip-- not an unsubstantiated tip-- does not alone provide probable cause for a Terry stop.

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I know a young man who was convicted of carrying a concealed weapon, not once but twice (not too bright is he?). The "weapon" was in the trunk of his vehicle but not encased. Basically what the idjut did is open the trunk of his vehicle in a parking lot with his friends around to "show them" the gun. Well, the gun wasn't a firearm but a bb pistol or pellet pistol. Anyway, someone noticed he was showing a gun and soon the police were there. By the time the police arrived the "gun" was back in the trunk and nothing illegal was going on (except maybe loitering). Instead of knowing his rights and keeping quiet soon the police got him to admit he had the "gun" and got him to open the trunk. They arrested him for carrying a concealed weapon. At court, he plead guilty to the misdemeanor charge and was fined. He didn't get the gun back either. Later on the idjut did something similar but this time I think it was a knife (not sure about the second arrest and conviction). He was 18 when this happened and knew nothing about the insane laws of Wisconsin. The information pertaining to the case(s) can be found on the Wisconsin Court Access system but in the details it doesn't state what exactly the "weapon" was.

So, know the law(s) and know your rights.


As for carrying an encased firearm (unloaded of course) on the dash I agree that that is perfectly legal in Wisconsin.

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Shotgun,



I guess I would describe an “add on” as you get busted for x and before they put you in the car they find a concealed “weapon”.



The second case you refer to sounds like an arrest for CCW, to me. But it is like I said you still will be arrested and so on, but the state has not / may not be prosecuting CCW cases as much as they could, I am told, because of the likely outcome in court.



So that’s my 2 cents, and the most reliable information I have today.

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Shotgun wrote:

An encased firearm is not "within reach" -- it's in a case. If you think otherwise, then I have to state again that I've had the Crown Jewels of England within my reach.

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Can you cite this please?

And how many of the incident reports from the Madison area involve encased firearms if any?

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Unless a sworn affidavit is linked then all these "I got away with it." anecdotes are mere examples of criminal mens rea. Just like public threats, I would use them in a prosecution. I-ANAL and a coward and an assh0le!

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I guess that is my point, just because someone may have gotten away with it does'nt make it legal.

Any officer at any time having probable cause to search your vehicle finding your unloaded and encased firearm hidden under the seat of your vehicle could legally arrest you for a concealed weapon.

Being unloaded and encased does not change the fact that it is still a weapon.

If the firearm is unloaded and encased and sitting in plain sight it is no longer concealed.

The question then still remains as to whether or not being encased disqualifies the firearm from being in lunging distance. That would be the decision made by the judge.


Then it would become an argument as to how quickly can the case be opened and how quickly can the firearm be loaded from the place it is located in the lunging area.

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In the end it's someone else's decision, not mine and not the perp. Until they're acquitted they're just another perp.

I'm thinking on a note to a couple of the lawyers presenting at that conference, that I am disappointed in coming away without clear guidance on avoiding interactions with rogue cops. I am glad that fools rush in where cowards and angels fear to tread.