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Thread: defense fund for determining OC in a car is legal

  1. #1
    Regular Member MKEgal's Avatar
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    defense fund for determining OC in a car is legal

    (At the direction of Grapeshot, I'm cross-posting this in the "hot topics" & WI fora.)

    Many people have been following the thread in the WI forum about my... interaction... with Milwaukee PD this past Friday.

    I am completely amazed & overwhelmed by the support.
    The friends I didn't know I had, & the lengths to which they (& people I've never met!) tried to go to help me.
    Where's the "sniffling w/ a kleenex" smiley?

    Many people want to help w/ legal & other expenses, so I made this email & linked it to my PayPal account. Feel free to circulate it:

    or mkegal.legal AT yahoo.com

    So far there's about $700 donated, the vast majority of which is in the range of $10-$25 per person...
    (one box of ammo); some can give more, some less, all is appreciated.

    I borrowed $500 to give my lawyer today, owe another $1000 by the end of the week, & the rest next week. (Plus repaying Dave for getting my car out of the pokie today, just under $200.)

    If they decide to charge ccw, I will be the test case & her fees will increase.
    She's being extremely generous by allowing me to pay most of it after she's actually started working on the case, as well as quoting sort of a "package price" to handle what's happened so far.
    (Barring further charges... the DA hasn't decided on that yet; will know later this week.)

    Mastantuono Law is one of the most experienced firms in re dealing with WI firearms laws.


    Here are 2 identical articles on the incident... comments are sure to get you riled.
    1
    2
    Last edited by MKEgal; 06-24-2012 at 02:55 AM.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  2. #2
    Regular Member MKEgal's Avatar
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    I have a report of a problem using the mkegal.legal AT yahoo.com address.
    It came w/ directions for setting up a button:

    https://www.paypal.com/cgi-bin/websc...=BBQMJQKDB5QWN

    That doesn't make a button, but will take you to a page where you can enter an amount, then log on to PP or use a credit card or bank account.
    Last edited by MKEgal; 06-24-2012 at 02:56 AM.

  3. #3
    Regular Member lance galloway's Avatar
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    Donation sent

    MKEgal you are in my prayers.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by MKEgal View Post
    I have a report of a problem using the mkegal.legal@yahoo.com address.
    It came w/ directions for setting up a button:

    https://www.paypal.com/cgi-bin/websc...=BBQMJQKDB5QWN

    That doesn't make a button, but will take you to a page where you can enter an amount, then log on to PP or use a credit card or bank account.
    Here is the button as a direct link:
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member jeff niles's Avatar
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    Thumbs up Donation sent

    Hope every thing works out for you,jeffemt
    JEFFEMT

  6. #6
    Regular Member msteinhilber's Avatar
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    Hope all works out in your favor, sounds like you're in good hands with your attorney and you have a strong backing here that can hopefully help assist with legal expenses. Kicked a couple bucks your way, things are tight for me but this is certainly a worthy cause to help out someone such as yourself that has been a warrior for our 2A rights.

  7. #7

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    Good luck MKE gal. You sat in the pokey and ate bad food for all of us. Thank you.

  8. #8
    Founder's Club Member Brass Magnet's Avatar
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    Money used for protecting our rights........

    ....and helping our friends is money well spent. Even internet friends....Some day maybe I'll even have the chance to meet you in person LOL.

    Sent you my current ammo fund!

    Good luck MKEgal.
    R[ƎVO˩]UTION

    ΜΟΛΩΝ ΛΑΒΕ

    Lex malla, lex nulla

  9. #9
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Brass Magnet
    Some day maybe I'll even have the chance to meet you in person
    I assure you I'm not 7' tall w/ crepuscular rays streaming from behind my head...
    Just a more or less average person who doesn't take well to being treated badly.
    I think that describes many people here.

    Sent you my current ammo fund!
    Wow. Thank you.

    Thank you to everyone who's donated so far.
    I do plan to send individual thank-you emails, but right now am trying to juggle while running on a treadmill, singing O Suzanna, & calculating square roots in my head.
    (How's that for a mental image? Only thing better would be if I mentioned a specific mode of dress.)
    Last edited by MKEgal; 11-15-2011 at 01:30 PM. Reason: added link

  10. #10
    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by MKEgal View Post
    I assure you I'm not 7' tall w/ crepuscular rays streaming from behind my head...
    Really? Geez, I just figured, you know, with all the police attention and all.


    Quote Originally Posted by MKEgal View Post
    Wow. Thank you.
    Hardly worth a "wow" but I'll take what I can get.

    Oh, and thanks for the new word.....*c-r-e-p-u-s-c-u-l-a-r* hmmm..
    R[ƎVO˩]UTION

    ΜΟΛΩΝ ΛΑΒΕ

    Lex malla, lex nulla

  11. #11
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Brass Magnet
    Hardly worth a "wow" but I'll take what I can get.
    It's not necessarily the amount, but the spirit.
    I appreciate the thought & intent behind every bit of help, $ & otherwise.
    Yes, there have been some $100 gifts that truly surprised me, but I understand that most people can't do that. I'm serious about the "one box of ammo" thing.

    Oh, and thanks for the new word... *c-r-e-p-u-s-c-u-l-a-r* hmmm..
    Pardon, my vocabulary is showing.
    Added a link to Wikipedia w/ explanations & pictures.
    Last edited by MKEgal; 11-15-2011 at 01:49 PM.

  12. #12
    McX
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    the articles cited seem to want to show sitting in a car in an empty parkinglot, in the early morning hours, tapping on a computer while armed is something odd. i think it would be odd for someone to be sitting anywhere in the early morning hours UNARMED!

  13. #13
    Regular Member oak1971's Avatar
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    Quote Originally Posted by MKEgal View Post
    I assure you I'm not 7' tall w/ crepuscular rays streaming from behind my head...
    Just a more or less average person who doesn't take well to being treated badly.
    I think that describes many people here.


    Wow. Thank you.

    Thank you to everyone who's donated so far.
    I do plan to send individual thank-you emails, but right now am trying to juggle while running on a treadmill, singing O Suzanna, & calculating square roots in my head.
    (How's that for a mental image? Only thing better would be if I mentioned a specific mode of dress.)
    Closer to 6 ft tall IIRC.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  14. #14
    McX
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    Did what we could for MKE at the shop today; parts at cost, no labor charge. the best we can do right now.

    (the rest of you dont get any ideas!)

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by McX View Post
    Did what we could for MKE at the shop today; parts at cost, no labor charge. the best we can do right now.

    (the rest of you dont get any ideas!)
    Very good!

    Actually this does give me ideas.

    What other goods and/or services are there out there that might directly benefit her? Not all donations need to be in cash, although such is an immediate need.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    MKEGal has been charged with a 941.23(2) violation.

    http://wcca.wicourts.gov/caseDetails...w+Case+Details
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
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    She was charged with 941.23?

    Quote Originally Posted by Grapeshot View Post
    MKEGal has been charged with a 941.23(2) violation.

    http://wcca.wicourts.gov/caseDetails...w+Case+Details
    This is kind of funny seeing how the person i talked to at the Wisconsin department of justice this morning told me that 941.23 was a void law due to act 35 being in place. So this is my question, why are they able to charge her with this?

    Also, according to the doj that if a person has a firearm on their side while sitting in a car and does not have a CWL their firearm is concealed. Now, if it is on the seat next to the person in plain view, it is not concealed.

    My thoughts and prayers go out to MKEgal. Hope all goes well for you.

  18. #18
    Regular Member davegran's Avatar
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    Quote Originally Posted by Grapeshot View Post
    MKEGal has been charged with a 941.23(2) violation.

    http://wcca.wicourts.gov/caseDetails...w+Case+Details
    Well, here we go.... Just asking, but doesn't 941.23 (2) (e) apply as a defense?
    941.23 (2)
    (e) An individual who carries a concealed and dangerous
    weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling
    or place of business or on land that he or she owns, leases, or
    legally occupies.
    Since she had the shop owner's permission to be there, wasn't she legally occupying the land?
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

  19. #19
    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by davegran View Post
    Since she had the shop owner's permission to be there, wasn't she legally occupying the land?
    The legal definition of occupy means something specific: oc-cu-py (verb) to dwell or reside in

    Last edited by BROKENSPROKET; 11-18-2011 at 11:32 PM.

  20. #20
    Herr Heckler Koch
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    Quote Originally Posted by kc9sbd View Post
    This is kind of funny seeing how the person i talked to at the Wisconsin department of justice this morning told me that 941.23 was a void law due to act 35 being in place.
    Wisconsin 2011 Act 35 Sections 50 through 72 renumbered and rewrote Subsection 941.23.

    Like a legal citation, a citation to an authority is useless - moot - without its name. Argument from authority implies the personal attack that the opponent is unfit for the authority's special knowledge.

  21. #21
    Regular Member davegran's Avatar
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    Quote Originally Posted by BROKENSPROKET View Post
    The legal definition of occupy means something specific: oc-cu-py (verb) to dwell or reside in

    Citation? My law dictionary has no entry for "occupy", but a regular dictionary lists:
    oc·cu·py tr.v. oc·cu·pied, oc·cu·py·ing, oc·cu·pies 1. To fill up (time or space): a lecture that occupied three hours.
    2. To dwell or reside in.
    3. To hold or fill (an office or position).
    4. To seize possession of and maintain control over by or as if by conquest.
    5. To engage or employ the attention or concentration of: occupied the children with coloring books.
    In definition #1. you occupy something by being in it. Ergo, she occupied the parking lot.
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

  22. #22
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Grapeshot
    What other goods and/or services are there out there that might directly benefit her? Not all donations need to be in cash, although such is an immediate need.
    Someone gave me a turkey.
    (And some other groceries, & cash, & emotional support.)
    Other than work, I can't think of something I need right now.
    My own internet service, so I don't have to go to the coffee shop?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  23. #23
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    Quote Originally Posted by MKEgal View Post
    My own internet service, so I don't have to go to the coffee shop?
    You're welcome to use mine any time you want! Kind of a haul to get up here for ya, but we don't call the police!
    You can speak softy and carry a big stick, but I'll stick to my guns.

    Member - Wisconsin Carry, Inc. http://ww.wisconsincarry.org
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  24. #24
    Moderator / Administrator Grapeshot's Avatar
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    Ladies and gentlemen, we've got a long ways to go yet - IMO this is an "us vs them" scenario with major ramifications.

    You have come through in the past - one time more into the breach.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  25. #25
    Regular Member 1245A Defender's Avatar
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    well,,,

    Quote Originally Posted by MKEgal View Post
    Someone gave me a turkey.
    (And some other groceries, & cash, & emotional support.)
    Other than work, I can't think of something I need right now.
    My own internet service, so I don't have to go to the coffee shop?
    i been following your exploits since your day at church.

    i dont like paypal, they have screwed up before.

    please post an address, lawyer?, so I can send a check for you, and a hug too. {{{hugs}}}

    you will beat the he11 out of this bum rap!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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