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Thread: Falls Man Charged With Carrying a BB Gun, Hollow Point Bullets in His Car

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    Founder's Club Member protias's Avatar
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    Falls Man Charged With Carrying a BB Gun, Hollow Point Bullets in His Car

    http://menomoneefalls.patch.com/arti...ets-in-his-car

    Anyone know if having a loaded BB gun in the car is illegal?
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by protias View Post
    http://menomoneefalls.patch.com/arti...ets-in-his-car

    Anyone know if having a loaded BB gun in the car is illegal?
    There is no statute against it as it is not a "firearm". I expect the 941.23 violation to be thrown out in court if he lawyers up. It can be argued that it is not a "dangerous weapon"...

    The mention of rifle cartridges is a joke and irrelevant as obviously no Statute was violated there...

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    Regular Member Badger Johnson's Avatar
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    Hollow point .22.

    A BB gun in a bag.

    He should sue the city for false arrest.
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

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    Regular Member BROKENSPROKET's Avatar
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    WTF. I read the article and was thinking the MenomoneeFallsPatch was an offshoot of The Onion. They cannot be serious.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    There is no statute against it as it is not a "firearm". I expect the 941.23 violation to be thrown out in court if he lawyers up. It can be argued that it is not a "dangerous weapon"...

    The mention of rifle cartridges is a joke and irrelevant as obviously no Statute was violated there...
    The only thing that would come to mind is a facsimile firearm, but that's stretching it as he wasn't carrying it.

    Quote Originally Posted by Badger Johnson View Post
    Hollow point .22.

    A BB gun in a bag.

    He should sue the city for false arrest.
    Agreed. The ammunition in the bag is a moot point anyway as it was never illegal to have it in the cabin of the vehicle.

    Quote Originally Posted by BROKENSPROKET View Post
    WTF. I read the article and was thinking the MenomoneeFallsPatch was an offshoot of The Onion. They cannot be serious.
    Obviously they are...
    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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    Edit:

    My original post even confused me.

    IK's post nailed it.
    Last edited by Jason in WI; 11-06-2011 at 09:33 PM.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Jason in WI View Post
    What is charged with carrying a BB gun? Something real fishy here, there HAS to be way more to this story.
    My thoughts exactly.
    Last edited by MilProGuy; 11-07-2011 at 10:47 AM. Reason: edited to change font color
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    Regular Member HandyHamlet's Avatar
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    He should have been OCing. Then he would have had no problems.




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    Regular Member oak1971's Avatar
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    Need more info. Very strange.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    First thing I see on this is the granting of permission to search--- absent a warrant!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
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    Regular Member oak1971's Avatar
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    Quote Originally Posted by JoeSparky View Post
    First thing I see on this is the granting of permission to search--- absent a warrant!
    That was a bad move, but people are conditioned to comply even when they have no duty to. Guy in blue, flashing lights, gun etc has that effect on the psyche.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    He does appear to be on probation... maybe that has something to do with it?

    http://wcca.wicourts.gov/caseDetails...0&mode=charges

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    Regular Member Grant Guess's Avatar
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    the officer discovered the BB gun inside a drawstring bag behind the driver’s seat of the car.
    Sorry, it's concealed inside a lawful case per the DNR laws.

    This one is a joke and will get thrown out the instant that the DA reads the citation.
    Gun Control Defined: The theory that people who are willing to ignore laws against rape, torture, kidnapping, theft and murder will obey a law which prohibits them from owning or carrying a firearm.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Hel View Post
    He does appear to be on probation... maybe that has something to do with it?

    Most likely, it does.
    Last edited by MilProGuy; 11-07-2011 at 10:48 AM. Reason: edited to change font color
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    Quote Originally Posted by Grant Guess View Post
    Sorry, it's concealed inside a lawful case per the DNR laws.

    This one is a joke and will get thrown out the instant that the DA reads the citation.
    If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

    Must be unloaded and in a carrying case. (Case made for a Gun).

    JJC

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by JJC View Post
    If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

    Must be unloaded and in a carrying case. (Case made for a Gun).

    JJC
    I knew there was more to this story than originally was reported.
    Last edited by MilProGuy; 11-07-2011 at 10:48 AM. Reason: edited to change font color
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    Regular Member Grant Guess's Avatar
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    Quote Originally Posted by JJC View Post
    If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

    Must be unloaded and in a carrying case. (Case made for a Gun).

    JJC
    I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

    DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."
    Gun Control Defined: The theory that people who are willing to ignore laws against rape, torture, kidnapping, theft and murder will obey a law which prohibits them from owning or carrying a firearm.

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    Regular Member hermannr's Avatar
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    All I can say is "you have got to be kidding me!"

    As has been said many times before. "My I search your car?" answer: "You have warrant? No? then No thanks."
    Last edited by hermannr; 11-07-2011 at 12:16 AM.

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    Quote Originally Posted by Grant Guess View Post
    I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

    DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."
    The above is now out of date.

    The definition of encased was changed by 11Act35:

    167.31 Safe use and transportation of firearms and bows.

    Prior to Nov. 1, 2011 the definition reads:

    16.31(1)(b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
    Nov. 1, 2011 and later the "expressly made..." is removed.

    167.31(1)(b) "Encased" means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
    Last edited by E6chevron; 11-07-2011 at 12:40 AM.
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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Quote Originally Posted by JJC View Post
    If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

    Must be unloaded and in a carrying case. (Case made for a Gun).

    JJC
    I don't believe that's true. 167.31(1)(c) specifically says a weapon that "acts by force of gunpowder." That leaves any sort of "air rifle" out of coverage under the vehicle transport statute.
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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Grant Guess View Post
    I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

    DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."
    Act 35-2011 changed 167.31 so that rule is no longer valid with that language.

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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by MilProGuy View Post
    I knew there was more to this story than originally was reported.
    Have you ever read even one post before commenting?

    I know you won't read this but that's a rhetorical question. Also you don't need the green font to set yourself apart from the forum.

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
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    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Regular Member wild boar's Avatar
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    Smile It could be that...

    ...the officer thought AB-237 was passed, If so, reasonable belief that a law was broken on the officers part would let the arrest stand. No more suit for false arrest! boar out. Ya, Ya, I know. Off topic.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    Have you ever read even one post before commenting?

    I know you won't read this but that's a rhetorical question. Also you don't need the green font to set yourself apart from the forum.

    Boy, if the color font I use irritates you too, you are a little too "touchy". Just sayin'.

    EDIT: Just to show you what kind of guy I am, I'm going to attempt to go back and remove all of the offensive green font from my previous posts; because I certainly don't want to offend anyone.
    Last edited by MilProGuy; 11-07-2011 at 12:29 PM. Reason: edited to change font color
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Grant Guess View Post
    Sorry, it's concealed inside a lawful case per the DNR laws. .
    Quote Originally Posted by JJC View Post
    If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

    Must be unloaded and in a carrying case. (Case made for a Gun).
    DNR Administrative code is silent regarding "cased" or "encased" and general vehicle carry. Chapter 167.31 is a State Statute and not part of NR10.
    Please get in the habit of citing your source for "laws" you reference. This will save you from posting false information.

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