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:
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:
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.
Chairman/President - Wisconsin Carry, Inc.
Edited by lockman, 31 August 2017 - 10:22 AM.