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Intent to open carry in Milwaukee
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Parabellum
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Joined: Sat May 3rd, 2008
Location: Milwaukee, Wisconsin USA
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 Posted: Sun May 4th, 2008 07:01 am
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Hi, I'm new to these forums as a member but have been coming here as a guest for some time.  I've noticed that there seems to be no one in Milwaukee willing to get the OC started, but I was never one to wait for others.  So I am going to start open carrying around Milwaukee County in particular the City of Milwaukee.  I am a 6'3 280lb Hispanic Male with very long hair and a big beard( almost no mustache,weird). i almost always wear black and i always without fail wear either a big black leather coat, black hooded sweater, or black wind breaker.  I have a black thigh tactical holster for my Taurus PT92 pistol(only the thigh holster would be considered open carry with my attire).  since there are so many schools in Milwaukee walking from place to place is out of the question.  I've decided only to go to places that have an entrance from their parking lot as it is considered private property and is exempt from the school zone restriction.  Please note that I have read a lot of your posts and understand that my attire and way of grooming are not what you would advise but I don't believe i should be dressed a certain way to exercise my right to bear arms.  ill keep adding to this post as things happen or don't happen, I should have a post up by later tonight.  

Pointman
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Joined: Mon Feb 18th, 2008
Location: Milwaukee, Wisconsin USA
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 Posted: Sun May 4th, 2008 10:54 am
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Welcome. This thread should prove interesting...

Assuming you've read the law and related threads here, I suggest you bring a friend who doesn't open-carry, has your bail money and a camera phone, and you carry a digital voice recorder. If you already have an attorney on retainer you're good to go. If your friend can call in to work for you and post updates here, all the better.

Assuming the above, you probably have the ideal situation for open-carry. If you're going to try making a statement similar to Danbus, being a minority doesn't hurt.

Assuming you won't be breaking the law, I wish you the best of luck. (That's a lot of assumptions, but this is your first post!)

Edit: Maybe Lammie can post what's required to qualify for his defense fund...

Last edited on Sun May 4th, 2008 11:07 am by Pointman

BJA
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Joined: Sun May 4th, 2008
Location: SOuth Milwaukee, Wisconsin USA
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 Posted: Sun May 4th, 2008 07:13 pm
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Well I am new to this sight also, this seems like a great resource!  I applaud you on your intentions to open carry in milwaukee.  I have spoken to a milwaukee police officer before because i may someday do this.  He said that if someone called he would respond and check it out but he said he would have no intent of issuing any citation.  I wouldn't trust that this is policy but i hope it is the general idea of the police in milwaukee which it probobly aint.  Good luck! i hope to hear more from ya!

 

Ben

Johnyt101
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 Posted: Mon May 5th, 2008 01:21 am
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Parabellum, you are a Great American.  Way to step up and go face to face with tyranny.  What kind of country do we live in where you have to be afraid to exersie your rights? Please keep us posted and keep up the fight to bring awarness to others!

Pointman
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 Posted: Mon May 5th, 2008 03:42 am
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No update from the "Great American" or his sidekick, The Lone Stranger. I'm surprised. Everything started out so well.

Parabellum
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Joined: Sat May 3rd, 2008
Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 04:50 am
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There hasn't been an update cause i just got back, don't jump the gun.  My Father is rich and my Sister-in-Law is personal friends with the city's public defenders.  i do have a digital voice recorder.  Nothing happened today, was in South Milwaukee and Cudahy today, scared some people(not intentional).  My brothers usually go out with me wherever i go(they don't carry).  no confrontations with police (not looking for them tho).  does anyone know if its ILLEGAL to carry INTO a hospital(cousin is sick) in Chilton,WI.? 

Pointman
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Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 04:13 pm
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Parabellum wrote: There hasn't been an update cause i just got back, don't jump the gun.  My Father is rich and my Sister-in-Law is personal friends with the city's public defenders.  i do have a digital voice recorder.  Nothing happened today, was in South Milwaukee and Cudahy today, scared some people(not intentional).  My brothers usually go out with me wherever i go(they don't carry).  no confrontations with police (not looking for them tho).  does anyone know if its ILLEGAL to carry INTO a hospital(cousin is sick) in Chilton,WI.? 
I'm looking forward to you posting pictures of you OCing. The weather was fantastic on Sunday, and is the same today. You can probably get some great shots that are worthy of a photo album.

"Rich" is relative. If you have the money, find an attorney now, and discuss what you're planning on doing in advance. Looking for representation after the fact is much harder. You'll also want advance legal advice pertaining to your rights, since being rich by relation potentially means your family has more to lose (say by bad publicity).

Unless a person here is retained as your attorney, anything here is opinion. The following is all discussed in other threads. Milwaukee county code prohibits possession, so you can't carry. State code has full preemption, so you can carry. Federal code doesn't say much unless it's a Federal building, so you probably can. The Constitution says your right can't be infringed, so you can.

Several villages prohibit possession. Example: http://www.villageofjackson.com/vertical/Sites/%7BD4E639E0-08E4-4DA7-8985-CD98B86913E8%7D/uploads/%7BF1518C62-8E92-4F1E-9803-1DFE0BDFFDFF%7D.PDF

2. Unless otherwise provided by law, no person except law enforcement officers authorized to carry firearms may carry or have within reach a dangerous weapon, whether concealed or in plain view, at or upon any public place. Uniformed private security guards licensed by the State of Wisconsin and while on duty are exempt from the prohibition against carrying weapons in plain view.

So even if you can carry, which I believe is most likely the case unless the hospital asks you to leave, you might be arrested and charged, and it becomes a court battle.

Doug Huffman
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 Posted: Mon May 5th, 2008 04:28 pm
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Pointman wrote: State code has full preemption, so you can carry.
There are seventeen Wisc. Statutes returned on a search for "preemption", none related to firearms.  Do you have a firearms related citation?

Parabellum
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Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 04:56 pm
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Wi State Statue 66.0409

Doug Huffman
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 Posted: Mon May 5th, 2008 05:14 pm
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Thank you

Pointman
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Joined: Mon Feb 18th, 2008
Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 05:18 pm
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Previous thread using OCDO search 'wi preemption':

http://opencarry.mywowbb.com/view_topic.php?id=2001&forum_id=57

Lammie has a good post that covers this.

Last edited on Mon May 5th, 2008 05:20 pm by Pointman

Parabellum
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Joined: Sat May 3rd, 2008
Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 05:27 pm
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Pointman wrote: Parabellum wrote: There hasn't been an update cause i just got back, don't jump the gun.  My Father is rich and my Sister-in-Law is personal friends with the city's public defenders.  i do have a digital voice recorder.  Nothing happened today, was in South Milwaukee and Cudahy today, scared some people(not intentional).  My brothers usually go out with me wherever i go(they don't carry).  no confrontations with police (not looking for them tho).  does anyone know if its ILLEGAL to carry INTO a hospital(cousin is sick) in Chilton,WI.? 
I'm looking forward to you posting pictures of you OCing. The weather was fantastic on Sunday, and is the same today. You can probably get some great shots that are worthy of a photo album.

"Rich" is relative. If you have the money, find an attorney now, and discuss what you're planning on doing in advance. Looking for representation after the fact is much harder. You'll also want advance legal advice pertaining to your rights, since being rich by relation potentially means your family has more to lose (say by bad publicity).

Unless a person here is retained as your attorney, anything here is opinion. The following is all discussed in other threads. Milwaukee county code prohibits possession, so you can't carry. State code has full preemption, so you can carry. Federal code doesn't say much unless it's a Federal building, so you probably can. The Constitution says your right can't be infringed, so you can.

Several villages prohibit possession. Example: http://www.villageofjackson.com/vertical/Sites/%7BD4E639E0-08E4-4DA7-8985-CD98B86913E8%7D/uploads/%7BF1518C62-8E92-4F1E-9803-1DFE0BDFFDFF%7D.PDF

2. Unless otherwise provided by law, no person except law enforcement officers authorized to carry firearms may carry or have within reach a dangerous weapon, whether concealed or in plain view, at or upon any public place. Uniformed private security guards licensed by the State of Wisconsin and while on duty are exempt from the prohibition against carrying weapons in plain view.

So even if you can carry, which I believe is most likely the case unless the hospital asks you to leave, you might be arrested and charged, and it becomes a court battle.

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.

Pointman
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 Posted: Mon May 5th, 2008 05:40 pm
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Parabellum wrote: 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.
Since that's your fourth post and you've provided minimal personal background, it seemed prudent to suggest you have an experienced officer of the court advising you, especially if it is easily affordable.

amaixner
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 Posted: Mon May 5th, 2008 05:54 pm
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Parabellum wrote criminals need lawyers not me.

If only that were true in our society.
No one is saying you are a criminal, nor that you couldn't represent yourself well. Most people would be better off having a lawyer on retainer though when they begin exercising a right that is not understood well by most of the law enforcement community.

Parabellum
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Location: Milwaukee, Wisconsin USA
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 Posted: Mon May 5th, 2008 06:14 pm
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amaixner wrote: Parabellum wrote criminals need lawyers not me.

If only that were true in our society.
No one is saying you are a criminal, nor that you couldn't represent yourself well. Most people would be better off having a lawyer on retainer though when they begin exercising a right that is not understood well by most of the law enforcement community.


I know no one is calling me a criminal, i took no offence to what was said.  I'm usually not in the "most people" category, I am a very able individual.  I wouldn't be carrying my Gun at all if I didn't think I could cover myself.

Shotgun
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 Posted: Mon May 5th, 2008 06:37 pm
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"Knowing" the name and number of an attorney is one thing.  Having a criminal defense attorney "on retainer" is not kosher and I believe a violation of attorney ethics.  I'll try to get more details to share.

Shotgun
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 Posted: Mon May 5th, 2008 07:30 pm
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Shotgun wrote: "Knowing" the name and number of an attorney is one thing.  Having a criminal defense attorney "on retainer" is not kosher and I believe a violation of attorney ethics.  I'll try to get more details to share.

I seem to recall that a couple years ago an attorney told me that it was not proper for a lawyer to be "on retainer" (aka "contingent fee) for criminal matters.  My memory is correct.  Attorney ethics are up to each state, but most states follow the recommended guidelines of the American Bar Association which state:


"(d) A lawyer shall not enter into an arrangement for, charge, or collect:

    (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or



    (2) a contingent fee for representing a defendant in a criminal case."



     

Doug Huffman
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 Posted: Mon May 5th, 2008 11:14 pm
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A contingent fee is not a retainer fee, indeed quite the opposite.  A retainer is paid in full before any services are rendered to retain the attorney's interest, while a contingent fee is paid contingent on some outcome.

Parabellum
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Location: Milwaukee, Wisconsin USA
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 Posted: Wed May 7th, 2008 09:43 am
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Open carried on Tuesday at a garage on 2nd and Lincoln and at Blockbuster on 27th and Pierce.  more of a commotion at the garage, nobody gave me a second look in the blockbuster. this post will be short cause i'm tired, i'm thinking of open carrying at Southridge mall this Saturday if anyone wants to bring a camera to get it on video, email me to tell you when id be going.  Anyone feel free to let me know if there are any gun free zone signs at the mall or something similar. 

Pointman
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Location: Milwaukee, Wisconsin USA
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 Posted: Wed May 7th, 2008 02:04 pm
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WANTED
Tall Hispanic man with a great personality seeks a companion for walks through the city. Enjoys food, guns, and frequenting malls while armed. Either sex may apply, but applicants with expensive electronics are preferred. Contact Jose at Box 347.
-------

The above is only in fun.


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