Journal Sentinal - Brookfield police stop car to seize legally carried gun

[protias]

i simply must ask; citizens who had rights violated goes to court and wins a................check?

 

[moon1234]

I believe that to be "legal" one must behave conservatively and read the law as a reasonable man and not as a lawyer-wannabe giving out free advise.

Here is the plain language. You may not go anywhere armed with a concealed weapon. The requirements of this crime are that a dangerous weapon is on your person or within reach, and you know that its there, and the weapon is hidden. There is no exception for carrying in or on a vehicle.



Chapters 900 and above are the criminal statutes. A violation of Chapter 167 is a forfeiture only, akin to a traffic citation.

Does this also apply to one's home? If you keep the handgun in a drawer near the bed could that be construed as a concealed weapon?

I know the DNR permits hunting from a motor vehicle with the proper doctors documentation stating you are disabled. How does that mesh with state statute?

This state has a whole web of weird gun laws that makes it very hard for the common man to know when it is leagal to use a gun and when it is not legal.

How about the cities that permit no weapons to be discharged, but have members of the city that are 5 miles out in rural farm country? Technically these people can NOT hunt or target shoot on their otherwise rural land. How about rural land that gets forceably annexed to a city due to being in the path of a subdivision miles away from the land? The peoples rights now change because someone updates a map on paper?

There really needs to be "common sense" rules that relate to the discharge of firearms. If you are in a rural area then discharge of firearms should not be illegal just due to the municipality you live in. How about all of the cities that have small remnant sections that are still township? Should the people in the small township section be allowed to discharge weapons since the town has no ordinance against it?

These are REAL issues for many people who, through no fault of their own, live near or get sucked into municipalities against their will. (Usually for some business that wants the city to provide services at taxpayers expense).

 

[Brass Magnet]

Does this also apply to one's home? If you keep the handgun in a drawer near the bed could that be construed as a concealed weapon?

You could be charged but generally wouldn't be and even if you were you would very likely win in court.


State v. Hamdan - 2003 WSC (941.23 is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual's need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises)

You won't get any disagreement out of me that our gun laws are completely messed up and need fixing.