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

bnhcomputing

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Dec 13, 2007
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http://www.wausaudailyherald.com/apps/pbcs.dll/article?AID=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?"
 

CKM

Regular Member
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Sep 26, 2010
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Hustisford, WI
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.
 

rcawdor57

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May 18, 2009
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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.
 

CKM

Regular Member
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Sep 26, 2010
Messages
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Location
Hustisford, WI
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.
 

bnhcomputing

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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?
 

Captain Nemo

Regular Member
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Apr 11, 2010
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1,029
Location
Somewhere, Wisconsin, USA
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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