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WI - Open Carrier in Truck w/o permit wins case


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#1 lockman

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Posted 31 August 2017 - 10:14 AM

Posted from the WIcarry newsletter

 

Since the case was dismissed, no precedent is established by this case. In Short the case was delayed and dropped do to the states attorney having a difficult time defending his case against the defense assertion that changes to act 35 made the defendants actions and conduct lawful.
 

Greetings in Freedom,

 

In June of 2016 a law-abiding Wisconsin semi-truck driver (and military veteran) was charged with a concealed weapon violation for having a loaded, openly carried handgun on the floor of his truck while stopped at the Kenosha weigh station on I-94. (See State of Wisconsin vs. Guy Smith)

 

Wisconsin Carry (and legislators who passed the changes) believes that changes made to Wisconsin's statutes in Act 35 and the vehicle transport laws make it legal to carry a loaded handgun (regardless of concealment) in your vehicle without needing a concealed carry license.

 

See original news release here:

 

http://www.wisconsin...a-ccw-case.aspx

 

The case was originally scheduled to go to trial last Fall.  On the first day of the trial, Kenosha ADA Thomas Binger was unprepared to prosecute the case based on WCI's stated defense of the charges.  A judge granted the state an extension, and the case was rescheduled for Spring, and then extended again until this past week.  Both Guy Smith, and Wisconsin Carry attorney John Monroe traveled to Kenosha for the trial this past week.  As the trial was set to begin, the state dismissed the charges against Guy Smith.

 

While this is a legal victory for Guy, Wisconsin Carry, our membership who's support allows us to fund this litigation, and all law-abiding Wisconsinites who support gun rights, it does demonstrate the lengths some County DA's will go to, to persecute law-abiding gun owners.  Here in Southeast Wisconsin, we see car-jackers and other violent criminals get plea bargains and lenient sentences and THOUSANDS of FELONS CAUGHT WITH GUNS who never get charged at all.  Yet the Kenosha DA's office used no discretion and pursued charges based on obsolete case-law against a hard-working military veteran truck driver just trying to make an honest living.  What's wrong with this system?  Criminals get treated like victims and law-abiding citizens get treated like criminals???

 

Links to media coverage of this story:

 

http://www.jsonline....cker/610144001/

 

http://www.wjfw.com/...uns_in_vehicles

 

Wisconsin Carry would like to thank our dues paying members who's financial support allows us to use litigation to preserve, protect, and advance the right to carry, in the manner of one's choosing, for law-abiding citizens in Wisconsin.

 

Carry On,

 

Nik Clark

Chairman/President - Wisconsin Carry, Inc.

nik@wisconsincarry.org

www.wisconsincarry.org

 

 


Edited by lockman, 31 August 2017 - 10:22 AM.

"We must, indeed, all hang together, or most assuredly we shall all hang separately."
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#2 BigJim

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Posted 31 August 2017 - 10:49 AM

 

charged with a concealed weapon violation for having a loaded, openly carried handgun on the floor

Can someone explain to me how you get charged for a concealed weapon violation for an open carried gun?  Especially when open carry is a constitutional right in Wiscowsin.


Big Jim
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#3 Hazborgufen

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Posted 31 August 2017 - 11:35 AM

Can the truck driver sue for false arrest? Violation of his civil rights? If not, what's preventing cops from arresting people for "wearing green shirts on Thursdays" and prosecutors from taking you to court over it?



#4 chislinger

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Posted 31 August 2017 - 11:41 AM

Disgusting that he was even charged in the first place. Police should know the law before they arrest people and should suffer consequences when they arrest people for legal activity.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#5 C0untZer0

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Posted 31 August 2017 - 04:25 PM

This represents the ideological divide in our country right now:

 

 

Criminals get treated like victims and law-abiding citizens get treated like criminals

 

Nik Clark

Chairman/President - Wisconsin Carry, Inc.

 


Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
- N. A. Halkides -
 

 


#6 lockman

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Posted 31 August 2017 - 05:20 PM

In Wisconsin carrying a firearm loaded in a vehicle was considered concealed by caselaw. But such case law should be open to review because Act 35 changed the entire playing field, which should have rendered previous precedent moot.


Edited by lockman, 31 August 2017 - 05:59 PM.

"We must, indeed, all hang together, or most assuredly we shall all hang separately."
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#7 Bitter Clinger

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Posted 05 September 2017 - 02:20 PM

Can the truck driver sue for false arrest? Violation of his civil rights? If not, what's preventing cops from arresting people for "wearing green shirts on Thursdays" and prosecutors from taking you to court over it?


Was thinking the same thing. The truck driver had to go through a lot of time and expense and should be compensated. The state should not get off the hook just because they dismissed the charges.

#8 Rail

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Posted 28 September 2017 - 08:49 PM

 

 

charged with a concealed weapon violation for having a loaded, openly carried handgun on the floor

Can someone explain to me how you get charged for a concealed weapon violation for an open carried gun?  Especially when open carry is a constitutional right in Wiscowsin.

 

 

In some states, carrying in your vehicle (outside of a case) is considered concealed. My home state of Alabama is like this. You wanna openly carry without a permit, you have to do it on foot.



#9 Xwing

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Posted 29 September 2017 - 07:59 AM

 

Can the truck driver sue for false arrest? Violation of his civil rights? If not, what's preventing cops from arresting people for "wearing green shirts on Thursdays" and prosecutors from taking you to court over it?


Was thinking the same thing. The truck driver had to go through a lot of time and expense and should be compensated. The state should not get off the hook just because they dismissed the charges.

 

 

Very unlikely.  Those types of lawsuits are very difficult to win, and generally not worth the trouble (and expense).  The state can charge anyone with a crime where none exists, and make their life terrible (and expensive) and there are no repercussions on the government. :( 


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