It's official, MKEGal charged with 941.23

[Darkshadow62988]

I don't know if this is useful, but I put a number of quotes and links together regarding legislative intent on open carry in vehicles on a thread here back in August. This is completely general so I don't see how it could undermine Krysta's case, but please send a message to me if it will and I will remove it. I plan to donate to the defense as soon as my finances allow me to.
...SNIP
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Nice find, but none of the links are working for me

 

[MrBubba]

I don't know if this is useful, but I put a number of quotes and links together regarding legislative intent on open carry in vehicles on a thread here [highlight]back in August[/highlight]. This is completely general so I don't see how it could undermine Krysta's case, but please send a message to me if it will and I will remove it. I plan to donate to the defense as soon as my finances allow me to.
...SNIP
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Nice find, but none of the links are working for me

I guess I should have somehow been clearer that I put those links together back in August. In any case, I downloaded them at the time and I can provide them to Krysta if she requests them.

 

[KerryMiller]

Replacing vague with vague

Trying to "common sense" your way into understanding the 941.23 Carrying concealed weapon statute will be frustrating and confusing. You need to follow the trail of legal definitions and terminology, this will help.


First, understand the definition of "Dangerous weapon" as it is used in 941.23 (and many other statutes). https://docs.legis.wisconsin.gov/statutes/statutes/939/I/22 You will note that it includes both loaded and unloaded firearms.



Second, reading the 941.23 Carrying concealed weapon. statute will help understand what is involved in this charge.

https://docs.legis.wisconsin.gov/statutes/statutes/941/III/23 When viewing the statute here, you will see other links that, for example, would allow you to drill down thru a reference to 175.60(1)(j)

At the bottom of the statute, thru this link, you will see some of the various case law (court decisions) that has had to do with this statute in the past. Notice that this statute also does not differentiate between a weapon cased or not cased.



Case law has taken the phrase "going armed with" in State v Asfoor http://scholar.google.com/scholar_c...1&q=249+N.W.2d+529&hl=en&as_sdt=4,50&as_vis=1 [19]

Another significant case law precedent is State v. Walls, 1994 courts 526 N.W.2d 765 at 72 clarified crime of concealed carry for jury instruction: http://scholar.google.com/scholar_c...4&q=526+N.W.2d+765&hl=en&as_sdt=4,50&as_vis=1



As you read the above from State v. Walls, note that whether a firearm is loaded/unloaded, cased/uncased doesn't make a difference.

If you do not have a CCL valid in Wisconsin, be aware that you could be in danger of violating 941.23 as it is currently being interpreted, if the weapon is NOT in a place that is impossible to reach quickly, such as the trunk. In the past, violations have been sustained for handguns in closed gloveboxes, and center consoles, under seats, and back seats.


One recent change in the legal environment, was that in November of 1998 (after most of the case law decisions), the Wisconsin constitution was amended, to better align with 2nd amendment of the United States:

Article 1 Section 25, Wisconsin Constitution

Right to keep and bear arms. SECTION 25. [As created
Nov. 1998] The people have the right to keep and bear arms for
security, defense, hunting, recreation or any other lawful purpose.[1995 J.R. 27, 1997 J.R. 21, vote November 1998]

The Nov. 1, 2011 changes in the transportation statute 167.31are also a factor in the changed legal environment.

That was excellent--but just BEGS for an equally clear definition of "immediate vicinity." Without that, all we've done is replace one vague, undefined term with another.

 

[skidmark]

....

I plan to donate to the defense as soon as my finances allow me to.
....

Please understand I am not busting your chops here - just trying to make a statement. Your post just happenes to be handy for me to do that.

Krysta needs help now, not next week. It's not the amount of the individual donations that matters, but the sum total of all the donations. I know this from personal experience, and will forever be beholding to those who gave a dollar as much as to those whose generosity was literally astonishing.

If finances are so tight that someone can't send a dollar, send her encouragement. Just let her know we are all doing what we can right now, because tomorrow may be too late.

stay safe.

 

[MKEgal]

Something to consider ladies and gentleman - please take this very seriously.

Please do NOT speculate in your posts on how circumstances might or might not apply to MKEgal...

If you feel you have something pertinent to contribute to her case contact her attorney or speak directly to her. Do NOT post it here, do not send her a PM or email (other than requesting a meet-up) - all of these are obtainable by those [strike]persecuting[/strike] prosecuting her.

Saying less is frequently far better than saying more.
...

For MKEgal donations ... .You are making a difference.

Krysta needs help now, not next week. It's not the amount of the individual donations that matters, but the sum total of all the donations.

Thank you to everyone who has donated so far, and all who have sent encouragement.
I'm able to pay the initial $2000 fee.
Since charges have been filed, she wants more. Reasonable.
I'll be talking with her Thursday, but IIRC it's going to be another $2500-3000.

And I appreciate those who have taken Grapeshot's advice to heart...
Please delete speculations.

 

[VW_Factor]

If you feel you have something pertinent to contribute to her case contact her attorney or speak directly to her. Do NOT post it here, do not send her a PM or email (other than requesting a meet-up) - all of these are obtainable by those [strike]persecuting[/strike] prosecuting her.

Running some "sites" myself on machines I own. It would be a cold day in hell for me to ever give ANY sort of information about any of my users, let alone correspondence.

I don't personally know who runs this site, nor their policies, however. I would hope whoever it is, feels the same.

As a reminder. Data saved on a disc is easily created, and just as easily destroyed.

Still wishing MKEGal some luck with this.

 

[Grapeshot]

Thank you to everyone who has donated so far, and all who have sent encouragement.
I'm able to pay the initial $2000 fee.
Since charges have been filed, she wants more. Reasonable.
I'll be talking with her Thursday, but IIRC it's going to be another $2500-3000.

And I appreciate those who have taken Grapeshot's advice to heart...
Please delete speculations.

Hang in there Krysta. You are not alone.

More good will be coming your way.

Just made an interesting historical connection via your given name:
Kristallnacht (literally "crystal night") from 1938.

 

[AIC869]

Thank you to everyone who has donated so far, and all who have sent encouragement.
I'm able to pay the initial $2000 fee.
Since charges have been filed, she wants more. Reasonable.
I'll be talking with her Thursday, but IIRC it's going to be another $2500-3000.

And I appreciate those who have taken Grapeshot's advice to heart...
Please delete speculations.

Here's some $$ from downrange (overseas). Go get 'em, Krysta!

 

[hrdware]

As a reminder. Data saved on a disc is easily created, and just as easily destroyed.

Off Topic: Not has easily destroyed as you may think. A simple delete can easily be recovered and even a single format can be recovered. There is a reason that even deletes done to Department of Defense standards takes several hours (close to a day) on even small drives.

On Topic: Good luck with this MKE.

 

[RR_Broccoli]

Off Topic: Not has easily destroyed as you may think. A simple delete can easily be recovered and even a single format can be recovered. There is a reason that even deletes done to Department of Defense standards takes several hours (close to a day) on even small drives.

On Topic: Good luck with this MKE.

Yeah, if the NSA, CIA, Mafia, and KGB are all after you that may be true. Milwaukee County Keystone Kops, on the other hand... Remember, server hard drives are are whole different ballgame than the average desktop. It'd be real easy for the data to end up someplace unexpected, and real easy for the data to get over-written.

It is a rare case for most data of that type being useful. Create a policy to remove it, follow it. Shrug and say "sorry, don't have it" in court point to the policy as plausible deniablity. It's as easy as that. Or, better yet, don't lay the stuff down on the hard drive in the first place. They can't get your server logs if your server doesn't MAKE logs.

 

[McX]

it would be interesting to see how much time, and money have been, and are being wasted by 'the powers that be' to try to build a case that will ultimately fail, as the taxpayers are funding these efforts.

 

[rcawdor57]

It's Much Easier To Encrypt The Data Than To "Say" Anything To The Police....

Yeah, if the NSA, CIA, Mafia, and KGB are all after you that may be true. Milwaukee County Keystone Kops, on the other hand... Remember, server hard drives are are whole different ballgame than the average desktop. It'd be real easy for the data to end up someplace unexpected, and real easy for the data to get over-written.

It is a rare case for most data of that type being useful. Create a policy to remove it, follow it. Shrug and say "sorry, don't have it" in court point to the policy as plausible deniablity. It's as easy as that. Or, better yet, don't lay the stuff down on the hard drive in the first place. They can't get your server logs if your server doesn't MAKE logs.

Encrypt it. There are many programs available that provide encrypting even the most desperate fed cannot crack.

 

[protias]

Encrypt it. There are many programs available that provide encrypting even the most desperate fed cannot crack.

Now that we've gone completely off track...PGP is nice.

 

[Grapeshot]

Donations for MKEgal have dropped off somewhat - don't leave her mid-stream without either a horse or canoe!

We must be prepared to see this through. Look in your cookie jar, beneath the sofa cushions, take some scrap to the salvage yard.

I will find a way to send more - please do likewise.

If you haven't yet donated to the cause, now would be a really good time.

.... MKEgal fund

 

[The_Pennsylvanian]

Krystal, my family's thoughts and prayers are with you. Will donate when finances allow.

 

[rcawdor57]

It's All Part Of The Big Picture....

Now that we've gone completely off track...PGP is nice.

Truecrypt is excellent...and free.


We donate our money, effort and time to fight against unjust government practices; We don't talk to the police; Protecting your cell phone from unjust government intrusions is also something all of us must do. Password protect your cell phone; Encrypt all hard drives and thumb drives from prying eyes and password protect all computer logins. Overkill? You won't think so if your laptop, home computer or cell phone/PDA are taken from you to be used against you.

I donated what I could to Krysta's defense. All of us have a stake in this matter and should do everything possible to help.

Back on topic! Donate.

Good luck Krysta! We will donate more when we can.

 

[diablos30]

donated, good luck

 

[MKEgal]

First off, thank you to everyone who has donated toward paying my lawyer.
I'm still several thousand dollars from what's needed, but about half of her fee is paid.
We keep hoping that NRA or another civil rights group will step in to help.

Secondly, I've heard from several people that reporters are PMing or emailing or in some cases even calling to ask for opinions about this case.

I cannot control what any of you do,
but if you choose to respond to reporters I would appreciate it very much if you stuck to the obvious things like "innocent until proven guilty".

Or just point them to my lawyer: Mastantuono Law 414-276-8662

 

[Grapeshot]

Nothing will be gained by discussing an active case with the media - they have the same information that we have from this site. I will NOT speculate, I will NOT give an opinion.

I will refer all specific questions about this case to your attorney and ONLY your attorney.

Look for an incoming donation over the week-end.

MKEgal fund

 

[geojohn]

Just donated a bit more. Good luck!