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Stopped in Baraboo OCing

LOERetired

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Today, I walked around the city of Baraboo OCing in the afternoon, walking from my home 12/33 past Haskins Park to downtown Baraboo, walked downtownpast the courthouse, which from my home to downtown was about a mile. “I took a different route this time then I did last time I took a walk in Baraboo, when I unknowingly walked into a school zone”. Anyway, made it all the way downtown from my house with no problems, no MWG calls, after walking past the courthouse, I walked past the police department and sat on a bench across the street from the police department.



After sitting on the bench for a while drinking a soda, I left, and walked home taking the same route home, walking past Haskins Park (which would be a great location for a OC cook out) again. I almost made it home, I was a block away when a DNR officer pulled up next to me, he smiled and said hows it going, I said fine, I then said I’m legally open carrying, and he said I figured. He was calm as they come about the situation, and only asked my name, didn’t ask for any ID (I wasn't driving). He said someone called it in, that a man was walking down thesidewalk with a gun.



He got out of his truck and told me that the Sheriff is on his way and that he would like to talk to me. A minute later the sheriff pulled up and came over to talk to me. The DNR officer told him my name and the Sherriff looked at me and said, aren’t you the one we stopped a while back, I said yes, a few months ago, he said, well, as I'm sure you know, we got a call and we have to check it out, he then said, looks like we need to educate some people here in Baraboo about open carry, he said I already know you and have your information from last time on file, so I wont keep you any longer, your free to leave. I said thanks and I understand, and walked away. The whole stop lasted about 5 min, and I was on my way without any hassles.



My hats off to the Baraboo Law Enforcement, no hassles, no problems, and the stop was short just as it should be with a terry stop.
 

Hostilefreak

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Wow! I live very close to Haskins Park and yes it would be a great place for an open carry cookout. I'm impressed with how the Sheriff and the DNR reacted. I'm only 20 and I know that if I open carried I would get the cops called on me and they would harass me because I'm not 21. Even though you only need to be 18 to own a handgun. Well I'm glad that the Sheriff and the DNR are aware of our RIGHT to open carry. like I mentioned in one of my earlier posts, I got the cops called on me because we were filming a movie with fake guns. So I know that people here in Baraboo are paranoid about this kind of thing. This is just another step toward the normality of carrying a firearm in a peaceful town. Carry On!

Sauk County:0
cowboyridn:1

:celebrate:celebrate:celebrate
 

BROKENSPROKET

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I LOVE IT!!! The sheriff said, "looks likme we need to educate some people here in Baraboo about Open Carry." I'm sure he does not want to get any more MWAG calls.

LET'S HAVE A PICNIC!!!
To Educate The Residents Of Baraboo.

July 3 or 10?

I am ALL IN. :celebrate
 

Brass Magnet

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Good Job Cowboyridn,

I wonder why the DNR was involved. I wonder if someone called them thinking it was some sort of DNR violation? I know they have to call the sheriff for a great number of things as they don't have the jurisdiction to do anything about it. It makes me wonder if you even had to tell the warden anything since you obviously weren't engaged in any natural resource violations.

In any case, you did a great job and I don't think it could have been handled any better.
 

pvtschultz

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BROKENSPROKET wrote:
I LOVE IT!!! The sheriff said, "looks likme we need to educate some people here in Baraboo about Open Carry." I'm sure he does not want to get any more MWAG calls.
Can't the dispatcher sort these things out? Unless the Boo PD has nothing better to do, the dispatcher can ask a few more questions about the MWAG to see if he is actually breaking the law and not just out for a walk.
 

LOERetired

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BROKENSPROKET wrote:
I LOVE IT!!! The sheriff said, "looks likme we need to educate some people here in Baraboo about Open Carry." I'm sure he does not want to get any more MWAG calls.

LET'S HAVE A PICNIC!!!
To Educate The Residents Of Baraboo.

July 3 or 10?

I am ALL IN. :celebrate

Let’s get this cook out going, but, it will have to be on July 11th, or anytime except the 10th, I have HR218 ccw qualification on the 10[suP]th[/suP], and I can’t miss it. I will need tocontact the park department and if it isn’t already reserved, request that day and reserve it for us. I checked the ordinance for the park and they have a policy of no firearms in the county parks for Baraboo, so, before I reserve it I’ll check with local law enforcement to find out if they will allow OCing in the county park as was done in Stevens Point. I’ll get back with you with what I find out.
 

Shotgun

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Sauk County has a park ordinance that reads:

Chapter 10.03(6) No person shall carry, fire or
discharge any gun, pistol or firearm, nor carry
any dangerous weapon of any type, nor
discharge any arrow, shot, bullet, projectile or
bolt, rocket, torpedo or other fireworks of any
description, except in areas designated and
permitted by the Department of Natural
Resources or the Sauk County Highway & Parks
Committee.


Looks to me that it would be unenforceable since it is not even arguably similar and it is clearly more stringent than state law.

I didn't see any City of Baraboo park ordinances related to firearms, although they have a city-wide ordinance...

(2) POSSESSION OF FIREARMS REGULATED.

(a) In addition to the provisions of sub. (3) of this section, no person shall possess a firearm while in any public building within the City unless the firearm is unloaded and enclosed within a carrying case or other suitable container. This subsection shall not apply to the following:

1. Duly authorized city, village, county, state, or Federal law enforcement officers and military personnel, specifically authorized by law to carry firearms.
2. Participants in public civic ceremonies or Council authorized parades may possess unloaded firearms not in a carrying case if prior approval is obtained from the Chief of Police.

(b) No person shall possess a firearm while in any public place within the City unless consent has been given by the owner, lessee, or person in charge of such public place, and such possession is not contrary to §440.26, Wis. Stats. This subsection shall not apply to the possession of firearms in any public place where firearms are sold or repaired, or where authorized gun safety courses are held.

.... which evidently they already realize is not enforceable.
 

SIGdude

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Yeah, I always thought haskin's park would be a sweet place for a picnic. I was always slightly concerned about the distance to Gordon L Wilson elementary school though. Seems like it would be more than 1000 feet, and the park is really nice with the river right there.

But congratulations on the Baraboo PD being completely reasonable with you, I've never had to speak with them at all, but it is good to know they at least know what it is we are doing and that it is our absolute right to do it.
 

BROKENSPROKET

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cowboyridn wrote:
BROKENSPROKET wrote:
I LOVE IT!!! The sheriff said, "looks likme we need to educate some people here in Baraboo about Open Carry." I'm sure he does not want to get any more MWAG calls.

LET'S HAVE A PICNIC!!!
To Educate The Residents Of Baraboo.

July 3 or 10?

I am ALL IN. :celebrate

Let’s get this cook out going, but, it will have to be on July 11th, or anytime except the 10th, I have HR218 ccw qualification on the 10[suP]th[/suP], and I can’t miss it. I will need tocontact the park department and if it isn’t already reserved, request that day and reserve it for us. I checked the ordinance for the park and they have a policy of no firearms in the county parks for Baraboo, so, before I reserve it I’ll check with local law enforcement to find out if they will allow OCing in the county park as was done in Stevens Point. I’ll get back with you with what I find out.

The Sheriff said people need some EDUCATION. We wanted to educate them, so he may grant us permission to us a county park. Nik can send out notice. Hubert can contact the press. That sheriff seems like a nice guy, so I hope he grants permission, otherwise Sauk County may join Portage County on the park banshort list.

I had my MN Carry Permit class on the 11th, but I guess I can reschedule AGAIN. July 3 may be tooooo close to the holidays, but it would have made 4 OC picnics in 4 weeks for me. :lol:
 

kawisixer01

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Brass Magnet wrote:
Good Job Cowboyridn,

I wonder why the DNR was involved. I wonder if someone called them thinking it was some sort of DNR violation? I know they have to call the sheriff for a great number of things as they don't have the jurisdiction to do anything about it. It makes me wonder if you even had to tell the warden anything since you obviously weren't engaged in any natural resource violations.

In any case, you did a great job and I don't think it could have been handled any better.
Actually game wardens have full police power and jurisdiction over the entire state. They are charged with enforcing game laws BUT can also arrest you for any crime. If you run a red in front of a game warden they can and usually will pull you over. Typically they hand it off to a local orfficer though. I think this is more of a conveinience factor for them, and a courtesy thing as well. If they are nearby when a call comes accross the radio they will respond espcially if it's an emergency, I have heard of numerous cases of wardens responding to car accidents and such. My guess was he was in the area (doing something with Devil's lake maybe?) and heard the call and was close so responded. He was probably a bit curious and intrigued by the call as well. If you research it a little you will also find that wardens have broader powers when it comes to search and seizure. They have much more lee way and can get away with ALOT more than a normal police officer when it comes to searching vehicles and entering property.
 

Brass Magnet

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kawisixer01 wrote:
Brass Magnet wrote:
Good Job Cowboyridn,

I wonder why the DNR was involved. I wonder if someone called them thinking it was some sort of DNR violation? I know they have to call the sheriff for a great number of things as they don't have the jurisdiction to do anything about it. It makes me wonder if you even had to tell the warden anything since you obviously weren't engaged in any natural resource violations.

In any case, you did a great job and I don't think it could have been handled any better.
Actually game wardens have full police power and jurisdiction over the entire state. They are charged with enforcing game laws BUT can also arrest you for any crime. If you run a red in front of a game warden they can and usually will pull you over. Typically they hand it off to a local orfficer though. I think this is more of a conveinience factor for them, and a courtesy thing as well. If they are nearby when a call comes accross the radio they will respond espcially if it's an emergency, I have heard of numerous cases of wardens responding to car accidents and such. My guess was he was in the area (doing something with Devil's lake maybe?) and heard the call and was close so responded. He was probably a bit curious and intrigued by the call as well. If you research it a little you will also find that wardens have broader powers when it comes to search and seizure. They have much more lee way and can get away with ALOT more than a normal police officer when it comes to searching vehicles and entering property.
Cite this authority please. I know by personal experience that they can not write tresspassing tickets or curfue violations. They need to call the Sheriff. They may have broader powers of search and seizure only in connection with N.R. violations even so, my guess is that this is greatly exagerated as well, much to the liking of the wardens themselves methinks.

I'm not arguing that they can and will respond to emergency situations but if you stop to think about it; so can you. And they can certainly talk to somone OC'ing too; but so can you.

It seems there is this popularmisconception that the Wardens are some kind of all powerful LEO's.
 
M

McX

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around here the locals j-walk, pull illegal u-turns, double park, park over driveways, and to show the well rounded people they are; walk while smoking a J. we could use a game warden 'round here!
 

Brass Magnet

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http://www.legis.state.wi.us/statutes/Stat0023.pdf



23.10 Conservation wardens.

(1) The department of natu-
ral resources shall secure the enforcement of all laws which it is
required to administer
and bring, or cause to be brought, actions
and proceedings in the name of the state for that purpose. The per-
sons appointed by said department to exercise and perform the
powers and duties heretofore conferred and imposed upon deputy
fish and game wardens, shall be known as conservation wardens
and shall be subject to ch. 230.




23.11 General powers.

(1) In addition to the powers and
duties heretofore conferred and imposed upon said department by
this chapter it shall have and take the general care, protection and
supervision of all state parks, of all state fish hatcheries and lands
used therewith, of all state forests, and of all lands owned by the
state or in which it has any interests, except lands the care and
supervision of which are vested in some other officer, body or
board
; and said department is granted such further powers as may
be necessary or convenient to enable it to exercise the functions
and perform the duties required of it by this chapter and by other
provisions of law. But it may not perform any act upon state lands
held for sale that will diminish their salable value.
(2) Whenever any lands placed by law under the care and
supervision of the department are inaccessible because sur-
rounded by lands belonging to individuals or corporations, and
whenever in the opinion of the department the usefulness or value
of such lands, whether so surrounded or not, will be increased by
access thereto over lands not belonging to the state, the depart-
ment may acquire such lands as may be necessary to construct
highways that will furnish the needed access.
(4) The department shall have police supervision over all
state−owned lands and property under its supervision, manage-
ment and control,
and its duly appointed agents or representatives
may arrest, with or without warrant, any person within such area,
committing an offense against the laws of this state or in violation
of any rule of the department in force in such area, and deliver such
person to the proper court of the county wherein such offense has
been committed and make and execute a complaint charging such
person with the offense committed. The district attorney of the
county wherein such offense has been committed shall appear and
prosecute all actions arising under this subsection.
(5) The department may require an applicant for a permit or
statutory approval which the department, by order, may grant, to
submit an environmental impact report if the area affected
exceeds 40 acres, the estimated cost of the project exceeds
$25,000, or the applicant is requesting approval for a high capac-
ity well described in s. 281.34 (4) (a) 1. to 3.
History: 1971 c. 273; 1983 a. 524; 2003 a. 310.
Cross Reference: See also chs. NR 1, 45, and 150, Wis. adm. code.
Under sub. (4), DNR wardens have general law enforcement authority on state−
owned lands and property under the DNR’s supervision, management and control.
68 Atty. Gen. 326.


http://www.legis.state.wi.us/statutes/Stat0023.pdfUnless it's somewhere else, I don't see them being granted any more authority than they are in chapter 23. Which is only full police power in the specific places listed in the statute.
 

Brass Magnet

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BROKENSPROKET wrote:
DNR police powers debate could take 6-12 pages so Back on topic pleeeease and go start another thread.

Uhm.. it is on topic, the picnic discussion is off topic.

The picnic thing should havea new thread for greater visibility anyway. Nobody is going to find it here, and I'm interested in going to it as well since I'm only 10 miles away.
 

LOERetired

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I called the parks department and the only available date for Haskins Park is September 25th, 2010. I don't know if it’s too late in the year for a cook out, the weather should still be nice enough for one, so, since we have plenty of time to plan this,let me know who would be interested in attending. I did reserve the park for that date, but if it looks like there is little or no interest, I can always cancel. Plus, it gives us time to contact local LEO and media about the event and make up flyers to hand out. If there are any conflicts with any other OC events for this date, let me know, otherwise, we have a date for an OC cook out in the works for Baraboo.





Department
Parks

Address
500 Cedar Street
Baraboo, Wisconsin53913

Phone Number
608-356-2516

Fax Number
608-356-2441

Office Hours
Haskins and Hill Park are open from 8:00 a.m. until Dusk

Public Information

To reserve theHaskins ParkShelteror the Max J Hill ParkShelter call 608-356-2516



CommitteeOfJurisdiction
Public Works and ParksCommittee
 

logan

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Brass Magnet wrote:
BROKENSPROKET wrote:
DNR police powers debate could take 6-12 pages so Back on topic pleeeease and go start another thread.

Uhm.. it is on topic, the picnic discussion is off topic.

The picnic thing should havea new thread for greater visibility anyway. Nobody is going to find it here, and I'm interested in going to it as well since I'm only 10 miles away.
That made me laugh!
 
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