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So Much For Living In A Small Town....

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
My small town (Silver Lake) village president was involved in a Concealed Carry Firearm incident... Go figure....
The article did not mention a citation for consuming in the Tavern (class B establishment) while carrying but it did mention armed while under the influence... He likely could get up to 3 citations. DC (947.01), Endangering Safety 941.20 and Carrying in a Class B establishment 941.237 if he was consuming there.

941.20 Endangering safety by use of dangerous
weapon. (1) Whoever does any of the following is guilty of a
Class A misdemeanor:
(b) Operates or goes armed with a firearm while he or she is
under the influence of an intoxicant;
 
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ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
I wonder if the sobriety tests the article mentions included chemical tests, or simply field sobriety tests. If the latter, he was a maroon for taking them. If the former, is there an implied consent clause in the Wisconsin law, threatening a permit revocation for refusing a chemical test, as is the case with driver's licenses?
 
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Kc.38

Regular Member
Joined
Aug 21, 2011
Messages
81
Location
Central Wi
Unloaded and no magazine... may as well have been concealing a rock! I wonder if that will have any bearing on a verdict.

My guess would be that he just did not want to leave the weapon in the car while having a few but wanted to get as close to legal as possible. This will be interesting to watch as without any ammo it should just be a chunk of steel, or plastic whatever the case may be
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
My guess would be that he just did not want to leave the weapon in the car while having a few but wanted to get as close to legal as possible. This will be interesting to watch as without any ammo it should just be a chunk of steel, or plastic whatever the case may be

How does the Wisconsin law define "concealed weapon?" Our concealed weapons law only applies to loaded firearms.
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
How does the Wisconsin law define "concealed weapon?" Our concealed weapons law only applies to loaded firearms.

Sounds like the police thought the only thing loaded was the village president! The gun being unloaded doesn't change a thing in WI. It's still considered a dangerous weapon. It will be interesting to see the exact charges. While carrying concealed in the restaurant one is not allowed to consume a drop of alcohol. If he had the alcohol prior to going to the restaurant, he still could be open to a charge of "going armed while under the influence"-- something that has a fairly subjective definition.

2 morals to the story: 1) don't drink and carry a gun 2) avoid arguments while carrying a gun. 3rd moral: don't do #1 and #2 and the same time or you'll find yourself in doo doo!
 
H

Herr Heckler Koch

Guest
A firearm is legally defined as a weapon in Wisconsin, loaded or un-loaded. §939.22(10)
 

GreenCountyPete

Regular Member
Joined
Feb 18, 2009
Messages
145
Location
Green County, Wisconsin, USA
it will be interesting to see how this shakes out , if you unload and leave ammo and a magazine in the car things that can be replaced for 50 dollars if some one breaks into your car , it certainly shows intent to not drink and go armed , while not complying with the letter of the law , did it comply with the intent of the law that you should not be able to use your gun while drinking.

what if it had been locked , would that have changed any thing

encased and locked in a bag carried on ones person


also in many cases the gun is not assembled if it contains no magazine , so is a disassembled gun and issue , would it change things if the cylinder was removed from a revolver , or if the barrel and chamber was removed

when hunting , if we got out to the road and were picked up by a car that we didn't have a case in , we could dissemble our unloaded gun put it in the trunk and get a ride back to camp.


i have to admit i have been very nervous about leaving my gun locked in the car the few times i have had to


or would carrying only a fire control unit the serialized part of a SIG P250 be considered carrying a fire arm , would carrying only a casting a stripped ar15 lower registered as a pistol
 
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Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
it will be interesting to see how this shakes out , if you unload and leave ammo and a magazine in the car things that can be replaced for 50 dollars if some one breaks into your car , it certainly shows intent to not drink and go armed , while not complying with the letter of the law , did it comply with the intent of the law that you should not be able to use your gun while drinking.

what if it had been locked , would that have changed any thing

encased and locked in a bag carried on ones person


also in many cases the gun is not assembled if it contains no magazine , so is a disassembled gun and issue , would it change things if the cylinder was removed from a revolver , or if the barrel and chamber was removed

when hunting , if we got out to the road and were picked up by a car that we didn't have a case in , we could dissemble our unloaded gun put it in the trunk and get a ride back to camp.


i have to admit i have been very nervous about leaving my gun locked in the car the few times i have had to


or would carrying only a fire control unit the serialized part of a SIG P250 be considered carrying a fire arm , would carrying only a casting a stripped ar15 lower registered as a pistol
The law does not prohibit you from drinking while carrying. It prohibits you from consuming in a Class B establishment while carrying and it prohibits you from being under the influence (being materially impaired) while carrying.
WI law does not differentiate (nor did it prior to 11/19/11) between an assembled firearm or a disassembled firearm in regards to requirements of being encased. You and your buddies at hunting camp were in violation of the law prior to 11/19/11 and still are if you travel through a GFSZ in that manner.
There is no pistol "registration" in WI. In the eyes of the ATF, an AR15 is a handgun/pistol if it was first assembled as a handgun when the receiver was virgin. You may then assemble it as a rifle and back to a pistol an infinite number of times but never have a short barrel and a stock assembled together without the NFA tax stamp being acquired first.
 
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MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
ManInBlack said:
I wonder if the sobriety tests the article mentions included chemical tests, or simply field sobriety tests. If the latter, he was a maroon for taking them. If the former, is there an implied consent clause in the Wisconsin law, threatening a permit revocation for refusing a chemical test, as is the case with driver's licenses?
Since he was "released to the custody of his wife", I suspect those tests were just stupid human tricks & maybe a breathalizer; they didn't take him to a hospital for a blood draw. While the first 2 can be supporting evidence, it's my understanding that only the blood work is admissible in court as proof of a BAC. So they can't legally prove he was under the influence.

And no, I've seen no mention of coerced consent w/r/t any sort of test or search connected with our cc license (other than presenting license & ID if stopped while cc or in a special zone).
 

GreenCountyPete

Regular Member
Joined
Feb 18, 2009
Messages
145
Location
Green County, Wisconsin, USA
The law does not prohibit you from drinking while carrying. It prohibits you from consuming in a Class B establishment while carrying and it prohibits you from being under the influence (being materially impaired) while carrying.
WI law does not differentiate (nor did it prior to 11/19/11) between an assembled firearm or a disassembled firearm in regards to requirements of being encased. You and your buddies at hunting camp were in violation of the law prior to 11/19/11 and still are if you travel through a GFSZ in that manner.
There is no pistol "registration" in WI. In the eyes of the ATF, an AR15 is a handgun/pistol if it was first assembled as a handgun when the receiver was virgin. You may then assemble it as a rifle and back to a pistol an infinite number of times but never have a short barrel and a stock assembled together without the NFA tax stamp being acquired first.

we did not enter a school zone , so that wasn't an issue

I was confused apparently by the listing of pistol marked lowers being sold, i thought that in order to be a hand gun build , the stripped lower needed to be purchased as a pistol with 48 hour wait and 13 dollar background check , where if it was purchased as a rifle lower it could go home with you day of sale.
 

ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
from the accounts posted, it sounds a bit politically motivated...interesting to note the board is already calling for his resignation there goes the presumption of innocent...

wabbit
 

Law abider

Regular Member
Joined
Aug 17, 2011
Messages
1,164
Location
Ellsworth Wisconsin
He could have brought the gun in establishment by permission of owner and had a drink by permission of owner too. Right? Anyway booze and guns, booze and cars do not mix. I never drink in public but at home. And when I do, I don't drive. :question:
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
He could have brought the gun in establishment by permission of owner and had a drink by permission of owner too. Right? Anyway booze and guns, booze and cars do not mix. I never drink in public but at home. And when I do, I don't drive. :question:

Only if he was OCing as the law only prohibits concealed and consuming.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
Only if he was OCing as the law only prohibits concealed and consuming.

It does not differentiate between concealed and open carry. What the Statute (941.237) does is carve out an exception for a licensee. A licensee may still Open Carry. There is no WI Statute which requires a licensee to ever carry concealed anywhere.
 
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Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
we did not enter a school zone , so that wasn't an issue

I was confused apparently by the listing of pistol marked lowers being sold, i thought that in order to be a hand gun build , the stripped lower needed to be purchased as a pistol with 48 hour wait and 13 dollar background check , where if it was purchased as a rifle lower it could go home with you day of sale.

A bare receiver (lower) is neither a long gun nor a hand gun regardless if it is marked "pistol only" or not. Manufacturers such as RRA will transfer a lower receiver with a pistol buffer tube attached as a handgun. The dealer must generally then transfer it to you as such with the 48 hour wait, $13 fee etc in WI.
 

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
As to the stripped AR lower..............

I got one a little while back, on the 4473, it was described as "OTHER" by the dealer since it is neither a long gun or a hand gun, yet it is the part with the serial number, so that is the only AR part that requires the NICS check from an FFL. Now if I could just find a barreled upper assembly that is not on a 6-month backorder, I might be happy.
 
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