Wisconsin Carry, Inc fast-tracking Open Carrry lawsuit against Madison Police Dept
This is a discussion on Wisconsin Carry, Inc fast-tracking Open Carrry lawsuit against Madison Police Dept within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; from Madison's own press release on obligation to provide ID
• Officers should verify that the firearm is not stolen, and attempt to verify that ...
October 25th, 2010 06:27 PM
from Madison's own press release on obligation to provide ID
• Officers should verify that the firearm is not stolen, and attempt to verify that the person possessing the firearm is not legally barred from doing so (as a felon, due to an injunction, etc.). However, someone who has been detained is not legally obligated to provide identification to officers if no criminal ordinance violations have occurred. A person who refuses to provide identification should not be arrested for obstructing;
however, if probable cause for another offense exists the suspect should be arrested for that offense and can then be identified during the citation or booking process.
November 17th, 2010 02:22 PM
Quite frankly had the two who refused to show ID simply showed it to the cops you more than likely would have been on your way with no charges whatsoever including the disorderly.
There's such a thing as making a point beyond where it needs to be made.
Quite frankly I don't have a problem with identifying someone carrying a gun to make sure they are not a felon and illegally possessing one. The next step of open carry is criminals open carrying. As a cop I'd want to know if a person carrying is a felon, as a citizen, same deal. You have to show ID to buy a gun, what difference does it make to show ID if you want to carry it?
November 18th, 2010 01:43 AM
I understand where you are coming from but I respectfully disagree. Law abiding citizens have the right to not be hassled by the police. I would consider surrendering some of my rights if there was compelling evidence that doing so would solve some huge problem. There isn't any in this case.
Originally Posted by Woodguru
This chief's behavior is especially bad because he has instructed all his officers to ID any open carrier that they see. Totally out of line IMO.
We're all in favor of reducing violent crime. It's just that pro-gunners have a method that is proven effective. Anti-gunners don't.
John Moses Browning day is January 24th, 2011
November 18th, 2010 06:01 AM
I suppose you support roadblocks every mile or so just to make sure everyone has a valid license, is wearing a seatbelt, not DUI/DWI, isn't driving a stolen car, etc...
Originally Posted by Woodguru
Sorry...freedom doesn't mean the police stop everyone from exercising their rights....
- know the difference
is a fancy name for crappy fighter
You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know
May 22nd, 2011 06:15 PM
Actually, it happened July 4. Ironic, huh?
Originally Posted by Coder
Oct. 7 was the press release announcing the filing of the federal lawsuit.
And BTW, that was me they were pointing their guns at.
Second scariest thing that's ever happened to me.
Originally Posted by woodguru
1) that encourages the police in their illegal behaviours
2) the people who gave ID (under threat of arrest) also got citations
You don't have to show ID to buy a gun unless you go to a federally-regulated person.
Originally Posted by woodguru
And what if every cop who saw you demanded your ID, and detained you 10 minutes while s/he ran a background check, plus checked the serial # on your pistol?
I think that would be a lot of wasted time.
It's also massively illegal, since the police have no RAS of a crime in order to stop you in the first place.
The exercise of a civil right cannot be a crime.
"The female of the species is more deadly than the male." R. Kipling
Defense fund donations gratefully accepted here
May 23rd, 2011 07:20 PM
Here is the statute.
Originally Posted by OldVet
790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.
Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
May 24th, 2011 12:32 PM
I am happy to hear that the "Madison 5" have been exonerated by having the charges dismissed. I was just wondering if they are still moving forward with a federal lawsuit? Have they considered any civil suits as a result of having their civil rights infringed upon?
I hope that the Govenor of Wisconsin will step up to the plate and push through a CCW permit, and that it has reciprocity with the surrounding states. That would only leave the FIB'ers as the only people in the upper Midwest as denying the right to self-protection of it's citizens and visitors to their state.
May 24th, 2011 05:06 PM
I wonder how many tax dollars were wasted these past several months prosecuting these folks? I bet anything that it was no minor amount.
Originally Posted by mel
Here is a link to a news report from earlier this month when the charges were dropped:
It is odd that the government never called any press conference to tell the press that they were doing this. They refused to even comment to the press.
May 25th, 2011 04:51 PM
I contacted the Wisconsin AG's office yesterday to find out if it was legal to open carry in the wonderful state of Wisconsin. The response that was given to me was murky at best. If you are in Milwaukee the MPD will arrest you. If you are out in the country probably not a big deal. I'm sorry Cheddar/Cheese Heads but you need to get your legislature and govenor off the schnide and fast track legislation, the response from the AG's office was an embarrassment.
May 27th, 2011 05:44 AM
What grounds will the Milwaukee Police use to make the arrest, though?? Do they have a city ordinance against it?
Originally Posted by mel
June 1st, 2011 02:41 PM
It was my understanding that the MPD will not tolerate open carry, period and that they have clearly stated this. On what grounds exactly I don't know, and the AG's office was not specific. From everything that I understand about Wisconsin law is that local ordinances can't pre-empt state law. But I could be wrong.
June 2nd, 2011 08:55 AM
So, we have the PDs of the 2 largest cities in the state simply ignoring the legislature, AG and the law. They have openly stated they will arrest people for not breaking the law in a certain manner. At least 1 department has acted on this misguided quest. And folks wonder why some don't trust the cops?
The people's elected representatives have clearly lost control of law enforcement in Milwaukee and Madison. We have seen this in other places like NOLA and Philly. If this trend is not contained and put down, this could bode ill for the country. We are either a country of laws or we are not. If we are, the cops must operate under the law as well as non-cop citizens.
Stepping off soapbox.
"I've noticed that everyone that is pro-abortion has already been born." - Ronald Reagan
"When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson
You are only paranoid until you are right - then you are a visionary.
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