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Police to Charge Wisconsin [Open] Carry with Disorderly Conduct
The Truth About Guns ^ | 22 September, 2010 | Robert Farago

Posted on 09/23/2010 5:29:43 AM PDT by marktwain

“Madison police said Wednesday they will rescind obstructing citations wrongly issued to two of five [members of Wisconsin Carry] who were openly carrying firearms while eating at a Culver’s restaurant,” madison.com reports. ”and instead cite all five men for disorderly conduct.” Huh? “All five men, who are members of the gun-rights group Wisconsin Carry, would be cited for disorderly conduct because the caller, a 62-year-old woman, along with a second patron interviewed this week told police they were disturbed by the armed men.” Huh X2? If someone thinks you’re a danger, you’re disorderly? Let’s just check that statute shall we?

Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

[Click here to download the entire statute.] It seems the Police Chief thinks it’s enough to satisfy the last part of the law.

Chief Noble Wray admitted police erred in issuing citations for obstructing officers to the two men who refused to identify themselves to officers sent to the restaurant near East Towne Mall on Saturday after a patron called 911 because she was concerned about the armed men and feared something ‘horrible’ could happen.”

Yes, well, what of the FIRST part of the statute? All accounts of the incident report that the members of Wisconsin Carry acted in a quiet, dignified fashion; before, during and after their arrest. This will not end well for Chief Wray or the City of Madison.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Wisconsin
KEYWORDS: banglist; opencarry; police; wi
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I have not seen the police quote in the original source.
1 posted on 09/23/2010 5:29:47 AM PDT by marktwain
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To: marktwain
That statute would seem to serve to describe the moonbat who called to complain.

This won't be over when it's over will it.

2 posted on 09/23/2010 5:32:46 AM PDT by muawiyah
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To: muawiyah
she was concerned about the armed men and feared something ‘horrible’ could happen.”

Something horrible did happen... the men were arrested.

3 posted on 09/23/2010 5:34:40 AM PDT by glorgau
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To: muawiyah

This is retaliation and an attempt to take their guns.


4 posted on 09/23/2010 5:34:43 AM PDT by ltc8k6
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To: muawiyah

Possibly a setup. Who is this woman?


5 posted on 09/23/2010 5:35:11 AM PDT by ltc8k6
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To: marktwain

The complainant should be charged with filing a false police report and she should be sued by the Wisconsin Carry members for maliciously causing them reputational and financial harm. They should also sue the Madison police for denying them their civil rights.


6 posted on 09/23/2010 5:39:03 AM PDT by wideawake
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To: ltc8k6
This could be just anyone ~ this is Madison WI we are talking about, not some normal place.
7 posted on 09/23/2010 5:39:06 AM PDT by muawiyah
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To: marktwain
All five men, who are members of the gun-rights group Wisconsin Carry, would be cited for disorderly conduct because the caller, a 62-year-old woman, along with a second patron interviewed this week told police they were disturbed by the armed men.”

Undoubtedly, the officers believed the 'callers' could read the minds and intent of all five men?

One should never, I suppose, underestimate those who desire not protection, and instead would rather be a victim.

8 posted on 09/23/2010 5:41:09 AM PDT by no-to-illegals (Please God, Bless and Protect Our Men and Women in Uniform)
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To: marktwain

It’s the libtard bastion of Madistan. No surprises in this report.

My hometown has been taken over by morons.

That’s a huge reason why I moved to Texas.


9 posted on 09/23/2010 5:43:05 AM PDT by Howie66 (I can see November from my house.)
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To: marktwain

Madison Police Chief Noble Wray


10 posted on 09/23/2010 5:43:17 AM PDT by JoeProBono (A closed mouth gathers no feet - Visualize)
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To: marktwain

“disorderly conduct” is what the cops use when they want to arrest you but you haven’t committed any crime. “disorderly conduct” is too broad and vague to be a crime. Consequently all arrests for “disorderly conduct” are invalid.


11 posted on 09/23/2010 5:43:55 AM PDT by Leftism is Mentally Deranged (Annoying liberals is my goal. I will not be silenced.)
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To: marktwain

Someone feeling disturbed is not “causing a disturbance”. One is a tangible, objective incident. The other is a purely subjective, internal emotional discord. Under this cop’s reasoning having bad taste in clothes (guilty!) is disorderly conduct.


12 posted on 09/23/2010 5:46:32 AM PDT by circlecity
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To: marktwain

Is it the contention of Wisconsin Carry that all people have the right to open carry because of the second amendment or is there a Wisconsin law that they interpret that gives them that right? Any one know?


13 posted on 09/23/2010 5:49:27 AM PDT by ontap
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To: marktwain
This will not end well for Chief Wray or the City of Madison.

Nor should it.

USC Title 18. Section 242. Deprivation of Civil Rights under color of Law.

Conviction can carry the Death penalty.

14 posted on 09/23/2010 5:56:17 AM PDT by Dead Corpse (III, Alarm and Muster)
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To: marktwain

Hopefully a judge will just throw it out but then again this is Madison (aka MadCity)


15 posted on 09/23/2010 5:56:24 AM PDT by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: wideawake
Civil suit? Deprivation of Civil Rights is a FEDERAL crime. Toss the Chief in jail.

Yes. I'm serious.

16 posted on 09/23/2010 5:57:35 AM PDT by Dead Corpse (III, Alarm and Muster)
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To: ontap

Never mind I got the answer.


17 posted on 09/23/2010 5:57:57 AM PDT by ontap
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To: ontap
Constitution and supporting juris dictum.

History on how it came about.

Note references at the bottom of the above link. Specifically Attorney General memorandum on open carry & the West Allis case.

18 posted on 09/23/2010 6:02:38 AM PDT by Dead Corpse (III, Alarm and Muster)
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To: wideawake

Until there is some sort of penalty that really hurts the perpetrators, this kind of harrassment will continue.

Your state gun rights lobby group needs to push for some penalties.

And then, the dispatcher could politely inform the pants wetting liberal that calls in in a panic that if it is determined that those carrying firearms presented no threat, she will be charged with filing a false report and subject to X,Y, and Z penalties.


19 posted on 09/23/2010 6:05:50 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: ontap
Is it the contention of Wisconsin Carry that all people have the right to open carry because of the second amendment or is there a Wisconsin law that they interpret that gives them that right? Any one know?

You can open carry in Wisconsin. For open carry to be unlawful, the state must prove:

First, it must prove that the defendant engaged in violent, abusive, indecent, profane, boisterous, unnecessarily loud, or similar disorderly conduct.

Second, it must prove that the defendant's conduct occurred under circumstances where such conduct tends to cause or provoke a disturbance".

There are other limitations, like you can't be drunk, can't carry into a state owned office, etc.

20 posted on 09/23/2010 6:05:59 AM PDT by IamConservative (Two wrongs don't make a right, but you might get even.)
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