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Open Carry Troubles in Wisconsin

Looks like someone got pinched for disorderly.   See here, and here.

UPDATE: I’m seeing examples of extreme stupidity on the part of the arrestee:

I thinks its best i more clearly represent the kind of person i am, cause you don’t seem to understand who I am or what I’m doing.  I am not afraid of a court battle.  I am not afraid of police or their false charges.  I am not afraid of publicity that may meet my family bad or good(really wouldn’t make a difference).  No lawyer can study or interpret the law better than me when on an even field(in front of a judge, I’ve actually trounced some really good ones).  I have no need to consult a lawyer when what I am doing is perfectly not illegal.  Please stop warning me to get a lawyer if I’ve done nothing or am going to do anything wrong.  And I know that everything here is opinion, but its a step in the right direction if I can find the facts that prove or disprove something.  And I’m a very good researcher.  I don’t mean this posting to sound rude but I get incensed when I’m told to get a Lawyer(and it happens often), criminals need lawyers not me.

Jaysus, not another one.  Folks, when you’re doing something like this, that’s bound to attract the attention of law enforcement, you need to have your legal game ready to go.  There are smart open carry advocates, and there are stupid ones.  This guy is a stupid one.

UPDATE: Looks like he ended up with counsel after his arrest, but he should have done his open carry in consultation with a lawyer first.  It’s not right, since it’s not a crime.  But it’s reality.  If you get pinched, and don’t do the right things, that can screw everybody, not just you.

18 Responses to “Open Carry Troubles in Wisconsin”

  1. JJR says:

    A lawyer who represents himself in court has a fool for a client.

    Only this is worse.

    Reminds me of that line from Lionel Hutz of The Simpsons:
    “I’ve argued in front of every judge in this state, *often* as a lawyer!”

    Hutz: “Yeah, I’m the law-talkin’ dude…”
    Judge: “Uh, Lawyer?”

  2. Laughingdog says:

    I don’t think this guy really grasps that knowing the law better than lawyers isn’t the same thing as understanding legal procedure and case law as well. You can easily be screwed by basing your case on things that legal procedure makes inadmissible that any hack lawyer would have realized not to do.

  3. Sebastian says:

    Yeah. I know a lot about law, particularly firearms law. I know a lot of the relevant court cases, but I am definitely not capable of defending myself in court. There’s no substitute for experience when it comes to matters like this.

  4. Ride Fast says:

    […] Open carry trouble in Wisconsin […]

  5. tdeyure says:

    Oh man, not again. Do you realize that if we wait for the ‘perfect’ case, it’ll be decades (see Heller)?

    I know that Mister-Unwarranted-Self-Importace-because-I-*know*-the-law isn’t the best choice, but he’ll be a lot better than me. Why? Because I believe that submitting to this sort of infringement and then trying to seek redress in the courts is a de facto surrender of my 2A rights. I would shoot the bastards on the spot without a second thought. As it is, I frequently carry concealed without a CCW because I refuse to submit to an unconstitutional permitting process.

    Pick your poison: someone who is seeking a court battle or someone who carries 6 extra magazines because I will resolve the issue on the spot….

  6. Sebastian says:

    So you’re saying you’ll shoot the cop rather than fighting through the legal system? And how will that make gun owners look? That’s not helping.

  7. Sebastian says:

    I mean, that’s not even a case we’d fight, because it’s murder. Violence against an unlawful government is a measure of absolute last resort. If you can still fight in the courts, you fight in the courts, and if you’re going to go that route, you have to be smart about it. Wise gun owners will throw a cop killer to the wolves.

  8. tdeyure says:

    When they exceed their authority, they’re lawbreakers, and armed ones at that.

  9. Crazy Anon Guy says:

    So are bank robbers, but the police don’t shoot them dead as soon as they catch them. That’s why we have a legal system.

  10. Tom says:

    please sir, can I have a fair and speedy trial in 6 years and where the judge decided that the jury is only going to advise?

    I think we need some (re)education camps for cops. Remind them just what they’re upholding.

    Gun owners, the battered wife of the rights movement…two black eyes since 1934.

  11. Ahab says:

    It’s been my experience that the people who advocate shooting cops have neither the appropriate levels of misguided courage nor illogical convictions to stand by their idiotic words.

    OH NO AD HOMINEM, BETTER DISMISS EVERYTHING I SAY.

  12. Larry says:

    You don’t win an argument with a cop. Period.
    You win in a courtroom by presenting your arguments in front of a judge. Preferably with competent legal counsel.
    When that happens, the cop better learns the laws he or she is supposed to be upholding and you don’t look like an idiot, which is better for everyone else.

  13. Pointman says:

    I’m Pointman from OpenCarry, where Parabellum (his screen name) first appeared. There is a lot more to the story than what can be shared with the public, but you can get a better understanding here:
    http://opencarry.mywowbb.com/forum57/10543.html

    Carrying a firearm, openly or otherwise, is not something one should jump into because they have the right to do so. With any right comes responsibility, and also the requirement to understand the associated laws. Unfortunately, my young friend was not prepared adequately for a hostile police encounter, and is learning the law first-hand. Since most “man with a gun” calls in Wisconsin involve the commission of a crime, police reaction can be quite severe. This is just one of many stories that didn’t go as well as it could have.

  14. Nobody special says:

    I thought Ohio passed OC law recently. Now Grandmothers aren’t being robbed and raped by armed criminals. I believe the crime rate dropped. I’m not saying human life is worthless, but how can one defend himself (with fists or with bullets) when another law – the right to self defence – is being overlooked?

    Call me crazy but all I hear about is victims going to jail for defending against a perpetrator. If cops can kill and nobody cares, why can’t I hurt somebody who is attacking me?

  15. Para Bellum says:

    Sebastian who the hell are you to call me stupid. You dont know what I did or didnt have prepared, you ignorant punk. Im doing more to further the cause of Open Carry than you ever will so watch who you insult, jerk. I wont be posting to this or any other forum exept opencarry.org but I dont let insults go unanswered. If you feel like apoligizing you can do so at the link Pointman put up.

  16. Sebastian says:

    Sorry, but the reason I get pissy about these things is because if you go into these kinds of situations, and don’t know what you’re doing, you can quickly start setting court precedent that screws every other gun owner out there. Perhaps I was a bit harsh to call you stupid, but there’s a lot at stake when you get into legal trouble involving a gun, so you have to know what you’re doing. I’m glad you’re lawyered up now, but you had to have that game ready to go from day one.

  17. Larry Hill says:

    Carrying Firearms in Public. Wisconsin law does not specifically prohibit the open carrying
    of loaded or unloaded firearms in public, but a person doing so may risk being arrested and charged with disorderly conduct, on the grounds that the display threatens the public peace or safety.
    http://www.legis.state.wi.us/LRB/pubs/wb/00wb11.pdf

    Other wise known as PSH ( Pant S******g Hysteria). So, while technically legal to carry a firearm in the open you probably will find yourself arrested and charged with disorderly conduct. Fine example of the Demokratik Peoples Republik of Wisconsin.

  18. Pointman says:

    I’m not sure how a legislative brief would override State Statutes and Supreme Court Testimony by Assistant Attorney General Kassell. I’m also unsure of how carrying a gun can endanger public safety, as guns come with a device called “safety.” Further, since when does the rule of law depend on someone being “afraid” of something. Can I call the police and report “scary looking Jewish boys?”

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