Doug Huffman
Banned
imported post
pkbites wrote:
pkbites wrote:
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Open Carry report
- Thread starter pkbites
- Start date
J.Gleason
Banned
imported post
The interesting thing about the whole, "Are you authorized to make arrests?" thing is this, Why does not having the authorization to make an arrest disqualify you from being able to defend yourself from an ex convict that may be lurking around waiting to catch you off guard?
The interesting thing about the whole, "Are you authorized to make arrests?" thing is this, Why does not having the authorization to make an arrest disqualify you from being able to defend yourself from an ex convict that may be lurking around waiting to catch you off guard?
pkbites
Regular Member
imported post
paul@paul-fisher.com wrote:
Assume nothing!
But yes.
J.Gleason wrote:
True. But I'm talking straight law if they're exempt from the CCW statute.
What a crock of crap all these laws are with the twists and turns, who can carry, how, when, and where. Haven't any of our leaders heard of the 2nd Amendment?:banghead:
Last time I was in Philly down by Independence Hall over by where Dr. Franklin is buried, I couldn't figure out what the "whirling" sound I kept hearing was. I finally figured out it was Ben spinning in his grave!
ETA: Correct spelling error.
paul@paul-fisher.com wrote:
Assume nothing!
But yes.
J.Gleason wrote:
True. But I'm talking straight law if they're exempt from the CCW statute.
What a crock of crap all these laws are with the twists and turns, who can carry, how, when, and where. Haven't any of our leaders heard of the 2nd Amendment?:banghead:
Last time I was in Philly down by Independence Hall over by where Dr. Franklin is buried, I couldn't figure out what the "whirling" sound I kept hearing was. I finally figured out it was Ben spinning in his grave!
ETA: Correct spelling error.
paul@paul-fisher.com
Regular Member
imported post
pkbites wrote:
Well, if not, I was going to mention CC ain't legal unless you're a LEO.
Never mind then.
pkbites wrote:
Well, if not, I was going to mention CC ain't legal unless you're a LEO.
Never mind then.
johnny amish
Regular Member
imported post
It's good to hear that membership to the cool club is growing.
It's good to hear that membership to the cool club is growing.
J.Gleason
Banned
imported post
I am sure Ben is spinning and spinning and spinning.
I am sure Ben is spinning and spinning and spinning.
Doug Huffman
Banned
imported post
J.Gleason wrote:
J.Gleason wrote:
Too true. More NIMBY energy, alternative, inexhaustible ... Goddamn the Obamanation
M
McX
Guest
imported post
my wife saw an oc-er the other day in walgreens.................oh, heck, nevermind...it was just RAK prowling about!
my wife saw an oc-er the other day in walgreens.................oh, heck, nevermind...it was just RAK prowling about!
rcawdor57
Campaign Veteran
imported post
McX wrote:
McX wrote:
LOL! Looking forward to the party this Sunday in Green Bay!
revolverrandy
Regular Member
imported post
i have yet to see anyone open carrying in wi
i have yet to see anyone open carrying in wi
Shotgun
Wisconsin Carry, Inc.
imported post
revolverrandy wrote:
revolverrandy wrote:
I see at least one every day. In the mirror.
BROKENSPROKET
Regular Member
imported post
I have seen over 600, at OC events, that is
I have seen over 600, at OC events, that is
pkbites
Regular Member
imported post
I heard back from AGA Perlman this morning. His position is unless a CO is in a sworn position and considered a peace officer by the state, they cannot CCW in this state.
This precludes my friends who are only CO's for the House of Corrections and those that work in jails for various sheriff departments. I have one acquaintance who is a "dual" officer in that he works both in a the county jail and on patrol. He is sworn and able to CCW.
As far as DOC officers are concerned, I say you better be 100% sure you're meeting the definition because you are and not because you think you are or because some AG 50+ years ago said you are. You don't need some hard ass cop and a DA with a chip on his shoulder to screw you up because you're right but only technically right.
One note, when I go on the "Snapshot" feature of WILENET, where you can look up every sworn officer by name or department, there is no section for DOC officers. Every other agency is listed but not DOC. This leads me to believe that perhaps they are not considered peace officers by the state.
I heard back from AGA Perlman this morning. His position is unless a CO is in a sworn position and considered a peace officer by the state, they cannot CCW in this state.
This precludes my friends who are only CO's for the House of Corrections and those that work in jails for various sheriff departments. I have one acquaintance who is a "dual" officer in that he works both in a the county jail and on patrol. He is sworn and able to CCW.
As far as DOC officers are concerned, I say you better be 100% sure you're meeting the definition because you are and not because you think you are or because some AG 50+ years ago said you are. You don't need some hard ass cop and a DA with a chip on his shoulder to screw you up because you're right but only technically right.
One note, when I go on the "Snapshot" feature of WILENET, where you can look up every sworn officer by name or department, there is no section for DOC officers. Every other agency is listed but not DOC. This leads me to believe that perhaps they are not considered peace officers by the state.
J.Gleason
Banned
imported post
Follow your own opinion. If that comforts you.
the AAG can not override a former AG opinion. As I have stated AG opinions are binding to the state no matter how old they are.
No where in the Federal Law does it say that an officer must be "Sworn."
Follow your own opinion. If that comforts you.
the AAG can not override a former AG opinion. As I have stated AG opinions are binding to the state no matter how old they are.
No where in the Federal Law does it say that an officer must be "Sworn."
J.Gleason
Banned
imported post
To be clear you must read the law as it is written and can not add to or assume it means anything other than the words that are written.
No where does the Federal law say that an officer must be a sworn officer.
State corrections Officers meet all requirementsd of the Federal law period.
Whether or not a person is covered by the LEOSA depends entirely on whether or not he or she meets the definitions in the federal law for either "qualified law enforcement officer" or "qualified retired law enforcement officer." It does not matter whether or not a given individual is defined as a "law enforcement officer" under the law of his state; only the definition in the federal law applies.
To be clear you must read the law as it is written and can not add to or assume it means anything other than the words that are written.
No where does the Federal law say that an officer must be a sworn officer.
State corrections Officers meet all requirementsd of the Federal law period.
Whether or not a person is covered by the LEOSA depends entirely on whether or not he or she meets the definitions in the federal law for either "qualified law enforcement officer" or "qualified retired law enforcement officer." It does not matter whether or not a given individual is defined as a "law enforcement officer" under the law of his state; only the definition in the federal law applies.
Doug Huffman
Banned
imported post
J.Gleason wrote:
J.Gleason wrote:
True that!
M
McX
Guest
imported post
open carry report; carrying today, as usual. store manager from one of our suppliers came by today; he mentioned he has no problem with open carriers coming to his store. i'll ask him next time i see him if it's ok to post it. he supports OC, and we talked for over an hour, gave him all the details you guys taught me (with my sincere thanks), and ofcourse a brochure, and wisconsincarry application. directed him here to come and learn, and study, as i have. a win i think...........................and bender was here heh-heh.
*disclaimer; i'll knock off the bender stuff, i just think that he's funny as hell, makes me laugh every time i look at him.
added on edit; got our pamphlet put out at the campground office last weekend, when i was up there. more exposure.
open carry report; carrying today, as usual. store manager from one of our suppliers came by today; he mentioned he has no problem with open carriers coming to his store. i'll ask him next time i see him if it's ok to post it. he supports OC, and we talked for over an hour, gave him all the details you guys taught me (with my sincere thanks), and ofcourse a brochure, and wisconsincarry application. directed him here to come and learn, and study, as i have. a win i think...........................and bender was here heh-heh.
*disclaimer; i'll knock off the bender stuff, i just think that he's funny as hell, makes me laugh every time i look at him.
added on edit; got our pamphlet put out at the campground office last weekend, when i was up there. more exposure.
Captain Nemo
Regular Member
imported post
Wisconsin statute definition of "peace officer", correctional officer and law enforcement officer.
939.22(22)
(22) "Peace officer" means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. "Peace officer" includes a commission warden.
What a bunch of weaslewords. Whatever "vested by law" means. I presume it means "sworn to duty" but that's just a guess. The following legal definition doesn't add much clarity either.
102.475(8)(a)
(a) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are supervision and discipline of inmates at a penal institution, prison, jail, house of correction or other place of penal detention.
102.475(8)(c)
(c) "Law enforcement officer" means any person employed by the state or any political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.
the definition of "peace officer" includes the phrase "any person vested by law with a duty to maintain public order". My thought is that the principal duties of a correctional officer which includes supervision and discipline of inmates could be considered "maintaining public order". Others might maintain that "maintaining public order" means keeping the general public law abiding. As the dialog between pkbites and jgleason indicates this is another area of massive confusion concerning Wisconsin law.
Legal definition of "peace officer".
http://definitions.uslegal.com/p/peace-officer/
Wisconsin statute definition of "peace officer", correctional officer and law enforcement officer.
939.22(22)
(22) "Peace officer" means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. "Peace officer" includes a commission warden.
What a bunch of weaslewords. Whatever "vested by law" means. I presume it means "sworn to duty" but that's just a guess. The following legal definition doesn't add much clarity either.
102.475(8)(a)
(a) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are supervision and discipline of inmates at a penal institution, prison, jail, house of correction or other place of penal detention.
102.475(8)(c)
(c) "Law enforcement officer" means any person employed by the state or any political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.
the definition of "peace officer" includes the phrase "any person vested by law with a duty to maintain public order". My thought is that the principal duties of a correctional officer which includes supervision and discipline of inmates could be considered "maintaining public order". Others might maintain that "maintaining public order" means keeping the general public law abiding. As the dialog between pkbites and jgleason indicates this is another area of massive confusion concerning Wisconsin law.
Legal definition of "peace officer".
http://definitions.uslegal.com/p/peace-officer/