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Thread: Barron County Fair not OC Friendly

  1. #1
    Regular Member BROKENSPROKET's Avatar
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    Barron County Fair not OC Friendly

    My son asked if he could go to the Demo’s in Rice Lake, remembering that Kerry Miller posted on WCI’s FB page that he had an incident at the Wal-Mart in Rice Lake, I decided to go. My son had to wait for his friend to get off work, I left early as to have time to stop at Wal-Mart. My car made it as far as New Auburn and I got picked up by my son and his friend. Fast Forward.

    We got inside the fair grounds to buy wrist bans for the Demo’s. We started to head for the grand stand, when I man approached me and asked if I was a deputy. My son and his friend went into the stands to watch the Demo which had already started. The man wore a volunteer t-shirt and had a hand held cb radio. I said no. He asked me why am I carrying a gun. I said for protection, it’s legal and constitutionally protected. He said that he knew that adding he is a retired LEO. He asked if the bill was passed already. I said that the governor singed it, but they won’t start issuing licenses until November first. He said that he did not know if firearms were allowed on fair grounds. I responded that it’s not illegal and I checked the entrance for any signs. He asked me to wait with him while he asks ‘Tim’, who I am assuming is one of the lead fair organizers or something like that. He called for Tim over the cb radio and got someone and he described the situation. From what happened next, I assume that all the LEO’s were on this same channel maybe. After about a minute, I see 3 sheriff’s deputies running my way from the West. I started laughing. It was DAMN HOT OUT and they were running for me. As they got closer, they were not even looking at me, so I looked at where they were looking and I see 2 more sheriff deputies running in from the East. I laughed some more, but I was starting to think that this may not go well. It took them a bit to get oriented that I was the reason they were there. I think the fact that I was laughing threw them off. They kinda a surrounded me, but none of them spoke to me. Their point of contact was the fairground volunteer(retired leo) that had put out the call which said that he was still waiting to hear from Tim. Another LEO came up wearing white which I assume was a ranking city police officer, to make 6 LEO’s in total. We were all just standing there waiting for word from Tim.

    After a few minutes, word came in from Tim and he says NO. I said that I needed to get keys to the vehicle which were in the stands so do one of you want to escort me. I got a volunteer, but I could not see them, so I went back under the stands where we all had been standing and pulled out my cell phone to call them. The first thing I said was “I AM SURROUNDED BY SHERIFF’S DEPUTIES. I NEED THE KEYS TO THE CAR”, that got a laugh out of a couple of them. My son brought me the keys and I took my sidearm to the car. Story over. I was impressed that not a single LEO spoke to me which means that they did not ask for an ID or even ask my name or WHY was I carrying a gun.

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    They didn't have a class b? That would be a shock...
    "I don't really care for "cream cheese"..."

  3. #3
    McX
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    thank goodness they had all those Police there to protect you while you were carrying, did they stay to protect you after you took your gun back to the car?

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    This is an interesting incident. One of a few that will need court interpretation. My opinion presumes the fair grounds is public property owned by the county. If they are privately owned it is a different situation. Current law does not prohibit open carry of firearms ON public property only in the buildings. Whether the grandstand can be defined as a building or not I am not sure. It only has three sides and a partial roof. Of course under current law all "buildings", including the restroom, are off limits. And then, what about the concession stands? Are they private or public?


    Under the CC law There are a number of questions. First, if carry on the grounds is still the same as former law it would seem that a sign only at the entrance to the grounds would not be adequate because the grounds themselves would not be prohibited areas. The only place in the new law that I can find that includes grounds in the signage requirements is concerning private residences (please correct me if I am in error). It would seem that under ACT 35 that signs would have to be posted at all entrances of all publically owned buildings located on the fair grounds in order to be valid restrictions of CC. Second, there still is an issue of preemption. State law is very specific as to which public buildings are off limit to CC. If a lower political unit adds additional public areas over and above those declared by the State, are those lower public units in violation of the preemption statute because they make the carry in public buiildings more strict than the State? Third, the pocket knife issue.

    I think there will be some fun times ahead.

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    Founder's Club Member protias's Avatar
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    Good to see they didn't demand any ID. It is good to see all those LEOs "get it."
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

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    Regular Member AaronS's Avatar
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    Quote Originally Posted by McX View Post
    thank goodness they had all those Police there to protect you while you were carrying, did they stay to protect you after you took your gun back to the car?
    After every person walking by sees you put your gun in a car and walk away, I would hope your car gets a cop to keep an eye on it for you...

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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    This is an interesting incident. One of a few that will need court interpretation. My opinion presumes the fair grounds is public property owned by the county. If they are privately owned it is a different situation. Current law does not prohibit open carry of firearms ON public property only in the buildings. Whether the grandstand can be defined as a building or not I am not sure. It only has three sides and a partial roof. Of course under current law all "buildings", including the restroom, are off limits. And then, what about the concession stands? Are they private or public?


    Under the CC law There are a number of questions. First, if carry on the grounds is still the same as former law it would seem that a sign only at the entrance to the grounds would not be adequate because the grounds themselves would not be prohibited areas. The only place in the new law that I can find that includes grounds in the signage requirements is concerning private residences (please correct me if I am in error). It would seem that under ACT 35 that signs would have to be posted at all entrances of all publically owned buildings located on the fair grounds in order to be valid restrictions of CC. Second, there still is an issue of preemption. State law is very specific as to which public buildings are off limit to CC. If a lower political unit adds additional public areas over and above those declared by the State, are those lower public units in violation of the preemption statute because they make the carry in public buiildings more strict than the State? Third, the pocket knife issue.

    I think there will be some fun times ahead.
    It was private property. The Demos were at Rice Lake Speedway, which is owned and operated by Adams-Hansen, Inc. (Dave Adams and Mitch Hansen).

    Alot of county fairgrounds are owned by non-profit organizations, but not all of them.

    The grandstand did not have any sides at all. And there were portapotties.

    As far as 941.237 goes, I have OC'd at truck and tractor pulls, mud bogs and demos were alchol is sold. Once I even approached an officer to ask if the Chief was on duty that night. It is my opinion that the Temp. Class B Licenses issued for these events are so loosely issued that if they chose to arrest and prosecute someone for 941.237, that would preclude any Temp. Class B Licenses from being issued in the future and they do not want risk that so they choose different routes like they did.

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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by AaronS View Post
    After every person walking by sees you put your gun in a car and walk away, I would hope your car gets a cop to keep an eye on it for you...
    Where we parked was quite a distance away and noone followed me, but you do have a point.

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    Regular Member davegran's Avatar
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    Quote Originally Posted by BROKENSPROKET View Post
    .... Another LEO came up wearing white which I assume was a ranking city police officer, to make 6 LEO’s in total. We were all just standing there waiting for word from Tim....
    It would have been too bad if somebody had picked that moment to rob the fair ticket office....
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    Quote Originally Posted by protias View Post
    Good to see they didn't demand any ID. It is good to see all those LEOs "get it."
    That was the best part. The only person that I really talked to was the volunteer, who said he was a retired leo. Just from all the deputies demeanors, I would speculate that he used to be the Sheriff or Chief of Police

    I kinda think that the situation may have been diffused a bit when they saw that the person that the call was put out for was genuinely laughing. I just could not help myself, it was comical. As frickin hot as it was, and there were running for a LAC Openly Carrying.

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    Quote Originally Posted by davegran View Post
    It would have been too bad if somebody had picked that moment to rob the fair ticket office....
    Yah, and I might have been arrested as a conspirator, the one who caused the distraction.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Captain Nemo
    ...if carry on the grounds is still the same as former law it would seem that a sign only at the entrance to the grounds would not be adequate because the grounds themselves would not be prohibited areas
    It would seem that under Act 35 that signs would have to be posted at all entrances of all publically owned buildings located on the fair grounds
    But if you can't get to a building other than by going through the gate, which is posted (with the tiny 5x7" sign ), logically that 'protects' the buildings too.

    The only place in the new law that I can find that includes grounds in the signage requirements is concerning private residences
    The trespass / signage statutes start on pg. 17, & include a residence, multi-family residence, "nonresidential building", a "special event", university or college...

    See section 82 on pg. 18 about posting.

    If a lower political unit adds additional public areas over and above those declared by the State, are those lower public units in violation of the preemption statute because they make the carry in public buildings more strict than the State?
    See 943.13 (1m)(c)(4), bottom right of pg. 17, where any gov't unit may post.
    Kinda negates the whole intent of allowing permit holders to carry anywhere, doesn't it?

    Third, the pocket knife issue.
    Or tazers, or billy clubs... And the signs may only prohibit firearms.
    Wonder how the courthouse guards are going to like them apples?
    They already freaked out at the 1" blade on my tiny pocket knife (with scissors & a nail file).
    Heck, they freaked out at an empty holster!

    (The deputy they finally scared up was completely cool about it, but the rent-a-cops running the metal detectors freaked. It's already permissible to carry a magazine, including a loaded one, into a courthouse, but I bet they'd freak about that, too.)
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  13. #13
    Wisconsin Carry, Inc. Shotgun's Avatar
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    wow, how long will it take WI law enforcement to figure out that an entire squad of leos for an OCer is not a wise use of manpower?
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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by BROKENSPROKET View Post
    That was the best part. The only person that I really talked to was the volunteer, who said he was a retired leo.
    THIS IS NOT A PERSONAL ATTACK.

    I'm just wondering why, since we get the "don't talk to police" pounded into our heads here, that we would for a second even consider talking to some complete stranger. And I'm not talking about just this instance. I'm talking about all the stories on here about negative, abrasive contact with the angry-antis, and the security guards, and the wack jobs. I'm not talking about someone who attempts a friendly, casual conversation.

    SO why even give some guy with a special tee-shirt and a walkie-talkie any explanation at all?
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  15. #15
    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Shotgun View Post
    wow, how long will it take WI law enforcement to figure out that an entire squad of leos for an OCer is not a wise use of manpower?
    Several of them said that they had never encountered an open carrier before, so this was a new experience for them. I'm glad I got to provide them with it.


    Nik commented on WCI-FB page about them running. The more I reflect, I don't think that they came running becasue they wanted to. It seems to me like the were ordered to '"get over there ASAP" and they would rather have stayed right where they were.

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