Busted w/ empty holster, charged with "illegally carrying"

Busted w/ empty holster, charged with "illegally carrying"

This is a discussion on Busted w/ empty holster, charged with "illegally carrying" within the Off Topic & Humor Discussion forums, part of the The Back Porch category; http://libertydollararrest.blogspot.com/ Portion of a larger issue that deals with this weird firearms arrest. Click on the link for the whole story. Kranish also was arrested ...

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  1. #1
    VIP Member Array paramedic70002's Avatar
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    Busted w/ empty holster, charged with "illegally carrying"

    http://libertydollararrest.blogspot.com/

    Portion of a larger issue that deals with this weird firearms arrest. Click on the link for the whole story.

    Kranish also was arrested for carrying a concealed weapon. He had a .45 caliber handgun in a CD case in his car May 6, and he was wearing an empty holster, according to the criminal complaint.

    How can one be arrested for carrying a weapon when it's in one's car? This is equivalent to being arrested for having open liquor in your car when it's in your refrigerator at home! According to our research, one statute in Wisconsin says that no firearms may be concealed. Another statute says that when you are transporting a firearm in your car, you must conceal it by putting it in some sort of container. This is very similar to the statutes in Illinois (Wisconsin and Illinois are the only two states that forbid citizens from carrying concealed firearms for personal protection). These two statutes in Wisconsin are obviously at odds with each other. According to the courts -- when it comes to transporting in a car -- the statute that requires a citizen to put it in a container overrules the other statute.

    So...how did Mr. Kranish violate this statute. Mr. Kranish is the founder and executive director of a gun rights organization in Illinois. According to him, he has spent years researching the statutes and understanding them. He has also never been convicted of anything other than a traffic offense. He's never victimized anyone. This means he's not a criminal, but rather a law-abiding citizen. Why are they trying to prosecute him when he's going further than many people do and being careful to follow the statutes and avoid trouble?

    While we're on the subject, how did the officer have probable cause to search the car anyhow? Kranish certainly did not consent to a search! After having been illegally and unlawfully arrested for offering solid silver in exchange for some food (what kind of moronic store attendant would refuse such an offer?), the officer then searched his car without warrant or probable cause? HOLY CRAP!!! Kranish's bumper stickers and empty holster must have made officer Kjendlie drool at the prospect of fishing for more "offenses" to create with the flick of his pencil -- offenses that would result in financial extraction(extortion) from Kranish and his family.

    Offering Liberty Dollars cannot be a crime, unless you falsely represent them. Kranish knows the rules -- he has never said they were anything that they were not. There is no evidence -- indeed, nothing even in the charging documents that mention anything about a false representation (other than the name of the statute used for the charge). So where is the crime? Who is the victim? No crime ever even occurred -- let alone having been perpetrated by this innocent couple. There is no law that forbids the wearing of an empty holster. Kranish proved that well in Illinois when he won a criminal case and then smacked his college with a civil suit for having arrested him for wearing such a harmless device.

    No victim. No crime. No probable cause. Yet they arrest, search without warrant, interrogate, hold in jail, bring before a judge and extort money on the pretenses of FELONY CHARGES that were never even charged! Thousands of dollars in bond money -- $5,200 total -- was extorted from this couple because the judge told them they were charged with felonies. They were never even charged -- they never received anything with felony charges. As far as we can tell -- no felony charges were ever filed.

    WALWORTH COUNTY WISCONSIN HAS A CRIMINAL, CORRUPT, UNLAWFUL, ILLEGAL, EXTORTION RACKET UNDERWAY AND SHAUN KRANISH AND SVETLANA DUDNIK HAVE BEEN VICTIMIZED BY IT!!!
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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  2. #2
    Member Array Derrin33's Avatar
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    This is upsetting. I don't know what to say, other than this is BS!!
    God Bless America!!

  3. #3
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    Two errors; first one is that you dont have to have the gun on your person to be convicted of a CCW crime. I'm not sure how WI law is written, but since they have no CCW permit, I'd say its safe to assume that you cant carry one in your car.
    Second, a vehicle can be searched incident to arrest if its reasonable to believe that the vehicle was a tool in the commision of a crime.

    Those are the facts, you dont have to agree with them, but you need to understand them.
    "Just blame Sixto"

  4. #4
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    Second, a vehicle can be searched incident to arrest if its reasonable to believe that the vehicle was a tool in the commision of a crime.
    If it is in fact a crime. When it is found in court that no crime was commited, any and all evidence will be thrown out.

    I'd be going to court over false arrest charges, amongst others.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  5. #5
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    Quote Originally Posted by HotGuns View Post
    If it is in fact a crime. When it is found in court that no crime was commited, any and all evidence will be thrown out.

    I'd be going to court over false arrest charges, amongst others.
    Oh I agree the money thing is not a crime, but the gun thing was. I speculate the officer saw the holster, and asked "wheres the gun?" The guy said its in the car... bingo we have a crime in WI.
    "Just blame Sixto"

  6. #6
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    After having been illegally and unlawfully arrested for offering solid silver in exchange for some food (what kind of moronic store attendant would refuse such an offer?), the officer then searched his car without warrant or probable cause?
    If he searched the car because of the initial arrest, which would be found invalid in court, none of the rest would matter...if all of the facts as stated are correct.

    Agree ?
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    VIP Member Array farronwolf's Avatar
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    I know from hunting in Wisconsin, that when your traveling the gun must be in a closed case unloaded, and the ammunition separate from the firearm.

    The only thing that I can think of is that he had the weapon loaded and in a case, and giving them the opinion that it was concealed.

    Other than that I can't think of any explanation of the actions.

    Not looking forward to the trip to Wisconsin next summer for a week. I think I will have to go to one of my uncles houses so that I can shoot while I am up there, so my pistol doesn't get tired of sitting in the case unloaded from the time I hit the IL line.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  8. #8
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    Quote Originally Posted by HotGuns View Post
    If he searched the car because of the initial arrest, which would be found invalid in court, none of the rest would matter...if all of the facts as stated are correct.

    Agree ?
    No. Its two separate crimes. One was not a continuation of the other.

    More than likely, the CCW thing came up first then after an investigation came the money charges.
    "Just blame Sixto"

  9. #9
    Senior Member Array BruceGibson's Avatar
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    Quote Originally Posted by SIXTO View Post
    ....Second, a vehicle can be searched incident to arrest if its reasonable to believe that the vehicle was a tool in the commision of a crime...
    And therein lies the rub.

    Well said, SIXTO.

  10. #10
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    I don't see where the gun was, but lets say the even if the cops let him go on the liberty dollar thing, during the pat down (always justifiable during a stop, for the officers' safety yes?) they find the holster and ask: "Where is the gun?" If the guy says, "in the glovebox" Isn't it true that he just basically confessed, even though he didn't have to.

    Would the holster alone been probable cause?

    Could he have said :"Secured in a locked box and unloaded in the trunk, since we are on our way home from the range," and therefore avoided the search?

    Sound to me that he likely not only broke the law, but by not knowing it he probably gave himself up. I'm no cop or lawyer though.
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  11. #11
    JD
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    Lests look at WI law, that sounds like a good idea to me.

    http://nxt.legis.state.wi.us/nxt/gat...d=stats&jd=top

    167.31(1)(b)
    (b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
    A cd case is NOT a firearms case according to WI State Law

    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
    ROADWAYS. (a) Except as provided in sub. (4), no person may
    place, possess or transport a firearm, bow or crossbow in or on a
    motorboat with the motor running, unless the firearm is unloaded
    or unless the bow or crossbow is unstrung or is enclosed in a carrying
    case.
    (b) Except as provided in sub. (4), no person may place, possess
    or transport a firearm, bow or crossbow in or on a vehicle,
    unless the firearm is unloaded and encased or unless the bow or
    crossbow is unstrung or is enclosed in a carrying case.
    (c) Except as provided in sub. (4), no person may load or discharge
    a firearm or shoot a bolt or an arrow from a bow or crossbow
    in or from a vehicle.
    Was the gun loaded? The Blog makes no mention of it at all, it just states:

    Kranish also was arrested for carrying a concealed weapon. He had a .45 caliber handgun in a CD case in his car May 6, and he was wearing an empty holster, according to the criminal complaint.
    So in other words we don't know, but as the firearm was not preoperly cased, guess what he viloated the law, secondly, seeing as how there is no concealed carry in WI, I would consider an empty holster probable cuase to ask where the firearm is located, if Mr. Kranish told him it was in a CD case....guess what he confessed to a crime. I'd like to see the police report and see if he was Mirandized prior to this, as he was being arrested for the silver dollar affair.

    Just one more reason to READ YOUR STATE LAWs.

    Had it been properly unloaded in a gun case, he would have been fine (on the weapons charge) it also doesn't help that he's been arrested before according to http://www.illinoiscarry.com/forum/l...p/t6537-0.html

  12. #12
    JD
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    And NO, he was not "Busted" for wearing an empty holster, he was "Busted" for something else, and charged for having his gun improperly stored, something you don't want to do in WI.

  13. #13
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    Nice posts JD. Thanks for taking the time to do a little research.



    Oh yeah I just got to say... I told ya'll so.
    "Just blame Sixto"

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    Busted w/ empty holster, charged with "illegally carrying"

    His real crime:

    Mr. Kranish is the founder and executive director of a gun rights organization in Illinois.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  15. #15
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    Quote Originally Posted by obxned View Post
    His real crime:

    Mr. Kranish is the founder and executive director of a gun rights organization in Illinois.
    I'm sure the LEOs knew that at the time of arrest. I'm also sure that they carry a little book with who's who in of gun rights organizations and go out looking for them.
    "Just blame Sixto"

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