paul@paul-fisher.com wrote:
OK, there has now been several cities police forces that have stated that the unloaded, encased firearm doesn't have to be out of reach.
How do we get this fixed?
http://www.opencarry.com/wi.html
As I've been trying to tell everyone, the Alloy case means nothing to us because it is an unpublished opinion. Here is the last line in the opinion:
"This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5."
Here is current Wisconsin law regarding unpublished opinions (emphasis added):
809.23(3) CITATION OF UNPUBLISHED OPINIONS. (a) An unpublished
opinion
may not be cited in any court of this state as precedent or
authority, except to support a claim of claim preclusion, issue preclusion,
or the law of the case, and except as provided in par. (b).
(b) In addition to the purposes specified in par. (a), an unpublished
opinion issued on or after July 1, 2009, that is authored by
a member of a three−judge panel or by a single judge under s.
752.31 (2) may be cited for its persuasive value. A per curiam
opinion, memorandum opinion, summary disposition order, or
other order is not an authored opinion for purposes of this subsection.
Because an unpublished opinion cited for its persuasive
value is not precedent, it is not binding on any court of this state.
A court need not distinguish or otherwise discuss an unpublished
opinion and a party has no duty to research or cite it.