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Thread: Sheboygan County District Attorney Admits Wisconsin Carry "might have a point" with our GF

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    http://www.jsonline.com/news/wisconsin/96625354.html

    Gun charge against Sheboygan Falls man dismissed again
    Bicyclist carried firearms within 1,000 feet of school
    By Bruce Vielmetti of the Journal Sentinel
    Posted: June 17, 2010 |(32) COMMENTS

    For the second time, a Sheboygan County judge has dismissed a charge that a man openly carried two guns on his bicycle within 1,000 feet of a school.

    Gun rights advocates say the case shows why the restriction, the subject of a federal court challenge, should be found unconstitutional, and at least one prosecutor admits it might be time to at least modify the law.

    Matt Hubing, 23, drew concerns from residents one day last month as he pedaled along in Sheboygan Falls with an unloaded rifle on his shoulder and a loaded handgun holstered on his hip. After the fact, police arrested him on charges that he had a gun within 1,000 feet of a school, a felony.

    But after Hubing noted that the measurement point for the offense was on private property, which is exempt, Circuit Judge Terence Bourke dismissed the charge. Hubing, who had spent 16 days in jail on $1,000 bail, was released on his own recognizance.

    Police then took a new measurement, from a public sidewalk Hubing might have been on during his self-described route from his home to a friend's house. That spot, police said, was 46 feet inside the 1,000-foot zone, and prosecutors refiled the charges June 4.

    But at a preliminary hearing Wednesday, Circuit Judge Terry Van Akkeren found no probable cause that Hubing knowingly violated the 1,000-foot zone.

    "In fact, it was the opposite," said his attorney, Thomas Lyons. "He had measured as best he could and believed his route was outside the thousand feet."

    The law at issue is the subject of a constitutional challenge in federal court from Wisconsin Carry Inc. The group's president, Nik Clark, said Thursday that Hubing's case perfectly demonstrates the lawsuit's claim that the school zones are too vague and impossible for the average citizen to determine.

    "The police themselves had to remeasure," Clark said. "That's 46 feet between a felony or not? That's ridiculous. Are we going to send police with laser measuring devices every time?"

    After this week's ruling, even Sheboygan County District Attorney Joe DeCecco concedes the group might have a point about how difficult it can be for a gun toter to determine the 1,000-foot zone. He said he might try to get schools and municipalities to try to post those boundaries, or perhaps work with the Legislature to modify the law.


    "I still think the basic premise, of keeping firearms out of school areas, is a compelling state interest," DeCecco said. He said his office will review a transcript of the recent hearing to study the judge's concerns, but if it's only about Hubing's knowledge that he was within 1,000 feet, prosecutors probably would not appeal.
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Another step in the right direction.

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    McX
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    had to admit.............bet he choked near to death on that one!

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    Either paint the curbs and mark the GFSZ side or amend the law to say No Firearms on school property.

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    McX
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    plus 1 mr gleason!

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    J.Gleason wrote:
    Either paint the curbs and mark the GFSZ side or amend the law to say No Firearms on school property.
    Yup... if they decide to undertake marking the curbs they will be providing us more evidence for the federal lawsuit as that will demonstrate how impossible it is to exercise a practical right to carry when the school zones overlap and prevent going about your law-abiding business.

    In addition, when it snows and curbs are covered, how will people know?

    This GFSZ law is a mess and everyone is realizing it.
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    McX
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    still it would be nice to see the municipalities take some action to aid the law abiding citizens, and so something other than trying to nail their hides to a wall if they blunder into a schoolzone.

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    Are cities and towns are near banckruptcy all ready and you think they should paint curbs for every school zone. That would cost the city thousands of dollars to do, while my sons teachers are being laid off you would spend money panting curbes for what a stupid law that should have beed reapealled long ago I say come November we wipe thease A#$Clowns out of office and take our state back!!!!!!!!!! Sorry if I offend anyone but money is already being spent on stupid @#$% lets not add more.

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    McX
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    hell, get the criminals in jail to paint the curbs!

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    All that would do is start union lawsuits for all the municipal workers that would not be able to prop up the shovels and supervise the one guy who is actually painting the curb! That would cost the towns even more communative wage jobs pay big and we cant afford that!

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    barronburke wrote:
    Are cities and towns are near banckruptcy all ready and you think they should paint curbs for every school zone. That would cost the city thousands of dollars to do, while my sons teachers are being laid off you would spend money panting curbes for what a stupid law that should have beed reapealled long ago I say come November we wipe thease A#$Clowns out of office and take our state back!!!!!!!!!! Sorry if I offend anyone but money is already being spent on stupid @#$% lets not add more.
    That is the whole point barron

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    barronburke wrote:
    All that would do is start union lawsuits for all the municipal workers that would not be able to prop up the shovels and supervise the one guy who is actually painting the curb! That would cost the towns even more communative wage jobs pay big and we cant afford that!
    Won't matter if Walker gets in. Those jobs won't exist anymore anyway. Might as well let the inmates do it there won't be anyone to keep them in prison anyway.

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    barronburke wrote:
    Are cities and towns are near banckruptcy all ready and you think they should paint curbs for every school zone. That would cost the city thousands of dollars to do, while my sons teachers are being laid off you would spend money panting curbes for what a stupid law that should have beed reapealled long ago I say come November we wipe thease A#$Clowns out of office and take our state back!!!!!!!!!! Sorry if I offend anyone but money is already being spent on stupid @#$% lets not add more.
    My comment was a bit facetious. If they STARTED trying to paint the curbs, TRUST ME, they'd very quickly realize its an impossible task when you look at those school zones. It would never "really" happen. Instead it would just get MORE people saying "yeah, these school zones are ridiculous"
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Wisconsin Carry, Inc. - Chairman wrote:
    If they STARTED trying to paint the curbs, TRUST ME, they'd very quickly realize its an impossible task when you look at those school zones. It would never "really" happen. Instead it would just get MORE people saying "yeah, these school zones are ridiculous"
    +100

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    School gun free killing zones brought to the nation by Wiconsin's very own Senator Nobody Herb. The guy has done nothing for Wisconsin and for the country other than get kids killed. What a disappointment. At least Feingold supports the 2nd.

    Hopefully the Leinnie guy will take Kohl on.


    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

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    Wisconsin Carry, Inc. - Chairman wrote:
    barronburke wrote:
    Are cities and towns are near banckruptcy all ready and you think they should paint curbs for every school zone. That would cost the city thousands of dollars to do, while my sons teachers are being laid off you would spend money panting curbes for what a stupid law that should have beed reapealled long ago I say come November we wipe thease A#$Clowns out of office and take our state back!!!!!!!!!! Sorry if I offend anyone but money is already being spent on stupid @#$% lets not add more.
    My comment was a bit facetious. If they STARTED trying to paint the curbs, TRUST ME, they'd very quickly realize its an impossible task when you look at those school zones. It would never "really" happen. Instead it would just get MORE people saying "yeah, these school zones are ridiculous"
    Wisconsin could not get selt belts on school buses in times of economic prosperity because it would cost too much.

    I would think that any municipality would atleast wait until the WCI GFSZ lawsuit comes to an end before they start painting. Or maybe there will be stimulus money earmarked for the project to get unemployed painters back to work.

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    What about modifying it from 1,000ft to 1 block?

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    Flipper wrote:
    School gun free killing zones brought to the nation by Wiconsin's very own Senator Nobody Herb.* The guy has done nothing for Wisconsin and for the country other than get kids killed.* What a disappointment.* At least Feingold supports the 2nd.

    Hopefully the Leinnie guy will take Kohl on.
    Dick L dropped out. Ron Johnson is the republican frontrunner.
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    Cypher wrote:
    What about modifying it from 1,000ft to 1 block?
    Compromise is failure on the installment plan - and the NRA way. Which part of "shall not be infringed" is not understood?



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    McX
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    ive got it; blue curbs at the boundary, blue fat lines on poles near intersections- for the joy of winter. problem would be to know if your coming or going.

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    Cypher wrote:
    What about modifying it from 1,000ft to 1 block?
    Well thats a definite improvement... Unless you happen to live on the block of the school. All the rest of the neighborhood is able to go walk their dog at night armed for protection, but you live on the block of the school so you must go unarmed???

    How about a law that ONLY applies to criminals instead of law-abiding citizens?

    How about Wisconsin law provides EQUAL PROTECTION for all law-abiding citizens whether you live on the block of a school or 2 blocks away?

    How about a law that says if you commit a crime with a gun within a school zone they can make it a felony enhancer?

    How about a law that says if you take a gun within a school zone with INTENT to commit a crime its a felony. (but the prosecutor has to prove intent to commit a crime) that way if you are carrying walking your dog, there is no intent, but if a kid threatens violence at school, leaves and gets a gun (which is likely already illegal for a school-age kid to possess a handgun) comes back and gets stopped a block from the school by police with the gun then the police have "intent".

    Or we can just keep trying to "nail" otherwise law-abiding persons who had no criminal intent with these ridiculous unmarked undefined unknowable school zone felonies.
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    Wisconsin Carry, Inc. - Chairman wrote:
    How about a law that ONLY applies to criminals instead of law-abiding citizens?
    The law abides only the law abiding. 'Criminals' have already demonstrated beyond a reasonable doubt that they do not abide the law. The law cannot prevent criminality.

    http://en.wiktionary.org/wiki/abide

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    Doug Huffman wrote:
    Wisconsin Carry, Inc. - Chairman wrote:
    How about a law that ONLY applies to criminals instead of law-abiding citizens?
    The law abides only the law abiding.* 'Criminals' have already demonstrated beyond a reasonable doubt that they do not abide the law.* The law cannot prevent criminality.

    http://en.wiktionary.org/wiki/abide
    I agree doug. But if liberals want to run around and pass ineffective "feel-good symbolism-over-substance" legislation to try to alter the behavior of criminals and affect the habits of criminals, they can have at it as far as I'm concerned, as long as they don't place burdens on the law-abiding in the process.
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    Im sorry to have thaught that you were suggesting that we paint curbs but I was just informed about my sons clases haveing 29 to 35 students because of budget cuts and layoffs while the superatendent makes a 6 figure income and sits back and says she cares about the kids. I should have kept my emotions about public spending in check for this topic. Again I'am sorry WCI for my rant had little to do with painting curbes and more to do with money and these ridiculus laws we have on the books.

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    McX
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    i agree baron, those would be the most expensive blue lines in history,once the powers that be got done with them. but in the interim. i know SCOTUS and our lawsuit could make all this nothing. let us hope...................with no blue lines to guide us for now.

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