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 Culvers 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 youre a danger, youre disorderly? Lets 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 its 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.
This won't be over when it's over will it.
Something horrible did happen... the men were arrested.
This is retaliation and an attempt to take their guns.
Possibly a setup. Who is this woman?
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.
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.
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.
Madison Police Chief Noble Wray
“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.
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.
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?
Nor should it.
USC Title 18. Section 242. Deprivation of Civil Rights under color of Law.
Conviction can carry the Death penalty.
Hopefully a judge will just throw it out but then again this is Madison (aka MadCity)
Yes. I'm serious.
Never mind I got the answer.
Note references at the bottom of the above link. Specifically Attorney General memorandum on open carry & the West Allis case.
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.
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.
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