(I don’t remember what they called it; _________ council).
Very well said - rules on citation of "unpublished decisions" do not mean the opinions are not valid statements of the law - typically, the rules arise in part from the the idea that if an appellate opinion does not state new law, it is to be "unpublished" because existing opinions already state the law and should be cited instead.As noted here and in other expressions of lay opinion, unpublished does not mean unpersuasive
The "in reach" aspect is an element of the offense to carry concealed. State v. Keith, 498 N.W.2d 865 (Ct. App. 1993) (To go armed. does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant.s person or within reach; 2) the defendant is aware of the weapon.s presence; and 3) the weapon is hidden).How did we get to the 'out of reach'? statement
So, if you're standing next to an undercover cop (or anyone) that you know has a hidden gun, can you be charged for CCW? It is a dangerous weapon, within reach, you're aware of it, it's hidden.paul@paul-fisher.com wrote:The "in reach" aspect is an element of the offense to carry concealed. State v. Keith, 498 N.W.2d 865 (Ct. App. 1993) (To go armed. does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant.s person or within reach; 2) the defendant is aware of the weapon.s presence; and 3) the weapon is hidden).How did we get to the 'out of reach'? statement
Contradictory oxymoronic clause.that you know has a hidden gun,
If it's hiden how are your aware of it?that you know has a hidden gun, can you be charged for CCW? It is a dangerous weapon, within reach, you're aware of it, it's hidden.
For the sake of argument, let's say you saw him put his coat on over it. Doesn't matter HOW you know, just THAT you know.Shotgun wrote:If it's hiden how are your aware of it?that you know has a hidden gun, can you be charged for CCW? It is a dangerous weapon, within reach, you're aware of it, it's hidden.
Mike wrote:So, if you're standing next to an undercover cop (or anyone) that you know has a hidden gun, can you be charged for CCW? It is a dangerous weapon, within reach, you're aware of it, it's hidden.paul@paul-fisher.com wrote:The "in reach" aspect is an element of the offense to carry concealed. State v. Keith, 498 N.W.2d 865 (Ct. App. 1993) (To go armed. does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant.s person or within reach; 2) the defendant is aware of the weapon.s presence; and 3) the weapon is hidden).How did we get to the 'out of reach'? statement