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Mike
Super Moderator
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Posted: Mon Jun 23rd, 2008 04:26 pm |
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See below - if you are a Milwaukee area resident and gun owner who wants to open carry, and especially if you have been harassed or arrested by police for obeying the law and open carrying, please contact Samantha ASAP - make like it's 0600 in the morning on the tank range line and the First Sergeant is on a tirade about the troops not moving fast enough to get the range set up - move now, move now.
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Hello,
I am working on an open carry story for Milwaukee Magazine. I was wondering if you know of any other Milwaukee residents who have had problems with openly carrying a weapon. I am currently researching Mr. Gonzales.
Thank you and I look forward to working with you.
Samantha HernandezOffice: 414.287.4312 - Samantha.Hernandez@qg.com
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shernandez
Member
| Joined: | Mon Jun 23rd, 2008 |
| Location: | USA |
| Posts: | 128 |
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Posted: Mon Jun 23rd, 2008 05:16 pm |
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HI, I made a account per Mike's request.
Samantha
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Mike
Super Moderator
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Posted: Mon Jun 23rd, 2008 05:18 pm |
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shernandez wrote: HI, I made a account per Mike's request.
Samantha
Great - OK all you Milwaukee and Wisconsin folks - email, call or PM Samantha and tell her your experience being harassed or discouraged from OCing in Wisconsin.
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Mike
Super Moderator
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Posted: Mon Jun 23rd, 2008 05:18 pm |
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shernandez wrote: HI, I made a account per Mike's request.
Samantha
Great - OK all you Milwaukee and Wisconsin folks - email, call or PM Samantha and tell her your experience being harassed or discouraged from OCing in Wisconsin.
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GJD
Member
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Posted: Mon Jun 23rd, 2008 07:36 pm |
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| E-Mail sent to her.
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Rick Finsta
Member
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Posted: Mon Jun 23rd, 2008 08:27 pm |
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Don't forget hunters who have been harrassed by DNR wardens for carrying your rifles after dark, or with a flashlight, etc.
This is one of the points of contention between the "fudds" and the "gun nuts:" the "I don't care about your handgun I just want my hunting rifle" folks need to see that this affects them too!!!!!
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Parabellum
Member
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Posted: Mon Jun 23rd, 2008 09:13 pm |
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| I called her, got an appointment for later this week.
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yagoo
Member
| Joined: | Mon Jun 23rd, 2008 |
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Posted: Tue Jun 24th, 2008 02:12 am |
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I don't know what you are all talking about. There is a municipal statute in milwaukee that outlaws anyone but a cop from carrying concealed OR OPENLY carrying a weapon.
Municipal Ordinance: 105.34: "...it shall be unlawful for any person to go armed with any firearm on or about their person within the city, unless the firearm is both unloaded and enclosed within a carrying case"
This ordinance is SEPERATE from the conceal carry ordinance.
If you try to open carry in milwaukee the police CAN and WILL arrest you under this statute.
Don't be stupid.
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mkl
Member
| Joined: | Tue Jul 10th, 2007 |
| Location: | Arlington,va |
| Posts: | 302 |
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Posted: Tue Jun 24th, 2008 02:19 am |
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yagoo wrote:
I don't know what you are all talking about. There is a municipal statute in milwaukee that outlaws anyone but a cop from carrying concealed OR OPENLY carrying a weapon.
Municipal Ordinance: 105.34: "...it shall be unlawful for any person to go armed with any firearm on or about their person within the city, unless the firearm is both unloaded and enclosed within a carrying case"
This ordinance is SEPERATE from the conceal carry ordinance.
If you try to open carry in milwaukee the police CAN and WILL arrest you under this statute.
Don't be stupid.
Wisconsin has Preemption, which prohibits all municipalities from creating gun laws,so it seems that ordinance is illegal. See the preemption at . Wisconsin Statutes § 66.0409(2). I am not a lawyer, so maybe someone who is more versed in Wisconsin law will chime in.
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smithman
Member
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Posted: Tue Jun 24th, 2008 02:32 am |
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yagoo we have dealt with this on many other threads. Since 1995 all localities cannot enact stricter laws regarding firearms, period.
Some of these places have ordinances on the books or otherwise which violate the statutes. Open carry "bearing arms" is included in this premption. A person cannot be charged for doing something legal like open carrying since the premption law stops localites from sticking their necks where they don't belong.
They cannot charge you for openly carrying a firearm in a zone not prohibited by a state statute. They cannot add places where you cannot carry.
So study the statutes and you will know all you need to know about open carry.
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smithman
Member
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Posted: Tue Jun 24th, 2008 02:34 am |
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I would love to be a subject but I haven't yet been harassed by an LEO. The day will come, though I am sure.
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Mike
Super Moderator
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Posted: Tue Jun 24th, 2008 02:51 am |
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yagoo wrote: I don't know what you are all talking about. There is a municipal statute in milwaukee that outlaws anyone but a cop from carrying concealed OR OPENLY carrying a weapon.
Municipal Ordinance: 105.34: "...it shall be unlawful for any person to go armed with any firearm on or about their person within the city, unless the firearm is both unloaded and enclosed within a carrying case"
This ordinance is SEPERATE from the conceal carry ordinance.
If you try to open carry in milwaukee the police CAN and WILL arrest you under this statute.
Don't be stupid.
Yagoo - is Milwaukee exempt from preemption?
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yagoo
Member
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Posted: Tue Jun 24th, 2008 02:53 am |
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please read my posts under "open carry is illegal in milwaukee"
you will udnerstand why the "pre-emption" does not apply.
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smithman
Member
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Posted: Tue Jun 24th, 2008 03:33 am |
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Yagoo does not understand. The preemption applies statewide without question.
edit: fixed typo
Last edited on Tue Jun 24th, 2008 03:34 am by smithman
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yagoo
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Posted: Tue Jun 24th, 2008 03:37 am |
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| The go over to waterstreet and walk down the street with your gun ducktaped to your chest...see if you don't get arrested and either charged with disorderly conduct or the statute against open carry.
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Mike
Super Moderator
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Posted: Tue Jun 24th, 2008 04:25 am |
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yagoo wrote: please read my posts under "open carry is illegal in milwaukee"
you will udnerstand why the "pre-emption" does not apply.
Do you have a link? I am interested in your treatise.
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mkl
Member
| Joined: | Tue Jul 10th, 2007 |
| Location: | Arlington,va |
| Posts: | 302 |
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Posted: Tue Jun 24th, 2008 04:29 am |
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Mike wrote:
yagoo wrote: please read my posts under "open carry is illegal in milwaukee"
you will udnerstand why the "pre-emption" does not apply.
Do you have a link? I am interested in your treatise.
Good luck, it just ended up being 3 pages of going around in circles, with yahoo just changing his approach and finding new ways he thinks preemption doesn't apply. None of them seeming legally valid.
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Orygunner
Member
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Posted: Tue Jun 24th, 2008 01:14 pm |
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yagoo wrote: The go over to waterstreet and walk down the street with your gun ducktaped to your chest...see if you don't get arrested and either charged with disorderly conduct or the statute against open carry.
I'm all for open carry, and it's completely legal in my state, but I think if I saw a guy walking down the street with a gun DUCT TAPED to his chest, even I would consider calling the police (depending on what ELSE he was doing, of course).
Would that be considered "wax job by cop?"
"I just didn't have the nerve *sniff* to remove my chest hair myself, so I *sob* made up my mind to have the police do it for me"
...Orygunner...
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shernandez
Member
| Joined: | Mon Jun 23rd, 2008 |
| Location: | USA |
| Posts: | 128 |
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Posted: Tue Jun 24th, 2008 03:03 pm |
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| I don't beleive that I will be touching upon hunters at all. I have a very limited amount of space considering the subject matter. Thank you for the tp though.
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Mike
Super Moderator
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Posted: Tue Jun 24th, 2008 03:13 pm |
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Hey can one of you Wisconsin experts spin Samantha up on the WI AG's comments to the WI S. Ct. that open carry is 100% legal - that you can walk down the street OCing handguns in holsters and long guns? As I recall there was a court case where the state was defending the ban on concealed carry and the state defended it by saying it was not 100% ban of gun carry rights - that the existence of the right to oepn carry was the right guaranteed by the WI const.
Please post here is link or citation.
Samantha, see at http://johnrlott.blogspot.com/2007/09/wisconsin-judge-lets-delivery-man-carry.html that the WI courts are starting to take the WI state const. right to bear arms provision seriously. Link at http://blogs.jsonline.com/proofandhearsay/archive/2007/09/24/milwaukee-judge-finds-concealed-carry-ban-unconsitutional.aspx also. SNIP:
"The quick version of it is that he finds the concealed-carry ban is an unconstitutional infringement on Vegas' right to protect himself while working, under criteria laid out by the state Supreme Court in decisions on the Hamdan and Fisher gun cases."
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