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Thread: Appleton police make arrest after report of gun on Valley Transit bus

  1. #1
    Founder's Club Member bnhcomputing's Avatar
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    Appleton police make arrest after report of gun on Valley Transit bus

    http://www.wausaudailyherald.com/app...D=201010090574
    APPLETON Police arrested two men Friday after receiving a report that one of them boarded a Valley Transit bus while armed with a handgun.

    Police were called to the Appleton Transit Center at 100 E. Washington Ave. about 1:30 p.m. Police established a perimeter around the terminal and sent a plain-clothes officer into the bus, Lt. Pat Matuszewski said.

    The person who called police said the man had the gun in his waistband. When police located the suspect, who was later jailed for disorderly conduct for displaying the weapon, did not have the weapon.

    Capt. Greg Goodavish said the weapon, which turned out to be a pellet gun, was found hidden in the boot of another man, who was issued a citation for concealing a facsimile firearm.
    I don't have my statute reference readily available, but what statute prohibits "concealing a facsimile firearm?"

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    Regular Member CKM's Avatar
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    Perhaps this pellet gun is considered a firearm or dangerous weapon in Appleton? If so, then it should have been unloaded and encased while in a vehicle. I know where I live, it is unlawful to discharge firearms including pellet guns, BB guns, and airsoft guns within the city limits. The various types of pellet guns are getting lumped in with real firearms.

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    Campaign Veteran rcawdor57's Avatar
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    I don't think it meets the definition of the law but I have seen this before

    Last year a young man I know of had a pellet pistol in the trunk of his vehicle. He took it out to show some friends and someone called the police. When the police arrived they opened the trunk of his car and found the pellet pistol. He was charged with carrying a concealed weapon and...he was convicted.

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    Regular Member CKM's Avatar
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    That is why I always treat my airsoft guns as if they are the real deal. When in my car, they are encased and unloaded.

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    Founder's Club Member protias's Avatar
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    Statute 941.2965

    "No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent.

    http://www.kirkobear.com/open_carry_wisconsin.html
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Founder's Club Member bnhcomputing's Avatar
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    Nowhere does it say once can be cited for concelaed weapon

    941.2965 Restrictions on use of facsimile firearms.

    941.2965(1)
    (1) In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.

    941.2965(2)
    (2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.

    941.2965(3)
    (3) Subsection (2) does not apply to any of the following:

    941.2965(3)(a)
    (a) Any peace officer acting in the discharge of his or her official duties. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.

    941.2965(3)(b)
    (b) Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.

    941.2965(3)(c)
    (c) Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.

    941.2965(3)(d)
    (d) Any person who is on real property and acting with the consent of the owner of that property.
    So where is the part that says "government" can cite for concealment?

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by bnhcomputing View Post
    So where is the part that says "government" can cite for concealment?
    They are probably trying to lump 941.23 and 941.2965 to try. But again, you are correct that there is nothing prohibiting it.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    What is the definition in state statute of a dangerous weapon, as in 941.23, does it include more than firearms and blades?
    Last edited by Doug Huffman; 10-12-2010 at 12:57 PM.

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    They probably can't cite for the concealment. They probably can cite on the carry and off their owned property condition. In Wisconsin you can openly carry a actual firearm in public but not a facsimile of a firearm. Technically even a child carrying a set of holstered cap guns during a fourth of July parade is in violation of the statute. So go the laws of Wisconsin.

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    In re; public transportation

    Think you can carry in a national park in accordance with the state's law?

    The NPs are all moving to mass public transport to minimize traffic load in the parks. The buses are operated by businesses and feature ghostbuster no-guns signs.

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