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Restaurant incident reveals confusion over open carry(WI)
madison.com ^ | 21 September, 2010 | SANDY CULLEN

Posted on 09/23/2010 5:24:36 AM PDT by marktwain

click here to read article


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According to another article, the police are now vacating the citations, and charging all five open carriers with disturbing the peace.
1 posted on 09/23/2010 5:24:37 AM PDT by marktwain
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To: marktwain

what’s the big deal about handing a police officer your driver’s license?


2 posted on 09/23/2010 5:29:07 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: marktwain
It seems like Winrich is a lawsuit waiting to happen. Why else would you carry a tape recorder with you?
3 posted on 09/23/2010 5:29:26 AM PDT by econjack (Some people are as dumb as soup.)
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To: marktwain

On WHAT basis? (disturbing the peace) No peace was disturbed until the officers intervened in a previously peaceful setting.

The article states these gentlemen offered no physical resistance or back talk, just not the forthcoming cooperation the officers sought.

This’ll be interesting to follow.

If you are close to this, please keep us FReepers informed.

Thanks for posting this update.


4 posted on 09/23/2010 5:29:28 AM PDT by Blueflag (Res ipsa loquitur)
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To: marktwain

It’s perfectly legal for the officer to ask you for ID in the situation though, and you have to comply. You cannot refuse to ID yourself to a uniformed LEO as far as I know.


5 posted on 09/23/2010 5:29:45 AM PDT by ltc8k6
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To: marktwain

Why didn’t the 911 operator simply inform the caller that open carry is legal?


6 posted on 09/23/2010 5:29:49 AM PDT by G Larry (Patty-cake diplomacy must give way to strong, decisive action!)
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To: econjack

No different than folks making sure the Press were around for their ‘civil disobedience’ protests — protests that were justified in an era of (racially based) trampled civil rights.

It’s also no different than keeping a paper trail when dealing with a shady car repair shop. It’s prudence, which enables jurisprudence.

The 2nd amendment and its protection is no less an issue than protection and guarantees of other personal rights.


7 posted on 09/23/2010 5:31:58 AM PDT by Blueflag (Res ipsa loquitur)
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To: econjack

Protecting yourself from a he said/they said situation if it gets ugly that’s all.


8 posted on 09/23/2010 5:32:31 AM PDT by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: nuconvert

It’s called having a chip on your shoulder and asking for a fight.


9 posted on 09/23/2010 5:33:41 AM PDT by Past Your Eyes (Some people are too stupid to be ashamed.)
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To: ltc8k6

So, it’s OK for us to live in a “Papers please” nation? I don’t think so. The Press are covered up in sympathy for illegals who CANNOT be asked to ID themselves just for being openly Hispanic. Same issue holds here; just different specifics.

State law applies here, and I don’t know Wisconsin law.

This’ll be interesting to follow.


10 posted on 09/23/2010 5:34:25 AM PDT by Blueflag (Res ipsa loquitur)
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To: marktwain

Police check people to see if they can legally drive or are impaired, regularly. Open carry really isn’t anything like carrying a carrot or a cell phone.


11 posted on 09/23/2010 5:34:49 AM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: ltc8k6
You cannot refuse to ID yourself to a uniformed LEO as far as I know.

You are only required to have your ID if you are doing an activity that requires it, such as operating a motor vehicle. Police aren't authorized to just ask anyone for their ID nor do people have to carry it if they aren't driving a car or other activity like that.

The question is, does Wisconsin's open carry law require you carry and produce an ID? If no, then they wouldn't have to provide it. If yes, then they would, just like a traffic stop.

The real BS charge is the 'disturbing the peace' charge for all of them, even those who complied. They are being penalized for obeying the law. That is just police looking for revenge from an embarrassing situation that made the news.

12 posted on 09/23/2010 5:36:41 AM PDT by mnehring
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To: G Larry

How could the operator know if they were carrying legally? They could have been felons, that’s why the ID check.


13 posted on 09/23/2010 5:36:41 AM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: G Larry

911 should have asked “what are they doing?” A: Nothing but eatin’ and talkin’ OK ma’am they can have guns.


14 posted on 09/23/2010 5:37:13 AM PDT by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: Blueflag

No.

But the police were called to investigate. They can legitimately ask for ID in the situation.

It’s not like they just walked in and asked for ID’s.

However, see the new posting on why this may have been a retaliation / setup ...

http://www.freerepublic.com/focus/f-news/2594740/posts


15 posted on 09/23/2010 5:37:27 AM PDT by ltc8k6
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To: marktwain

We’re now forcing our LEOs to be crime “predictors?!” They have to roll up on a peaceful situation and assess the possibility that the perps might commit a crime? This is ridiculous!


16 posted on 09/23/2010 5:38:47 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: mnehring

They were called to investigate, so they can ask for ID’s of everyone involved. That is legit.

They did not just request identification out of the blue.

However, see:

http://www.freerepublic.com/focus/f-news/2594740/posts


17 posted on 09/23/2010 5:38:47 AM PDT by ltc8k6
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To: bjorn14

I hope you’re right...


18 posted on 09/23/2010 5:38:57 AM PDT by econjack (Some people are as dumb as soup.)
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To: Blueflag

Bingo!

Same as asking someone for ID if you THINK they are Hispanic.

No can do...profiling.


19 posted on 09/23/2010 5:38:57 AM PDT by homegroan (....13 yr FR playa)
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To: Past Your Eyes

No it’s not.

This is not even civil *DIS*obedience performed to make a point. These folks were completely within their rights.

What if the offense were nothing more than wearing a:
(1) ZERObama T-shirt, or
(2) Gadsden flag ball cap, or
(3) a less polite FUBO polo shirt, or
(4) anything the ‘other side’ disagrees with?

Where the State gets to draw the line is an important issue.

YOU seem to draw a line that says open carry is across a legal and or civil line. That is your opinion, but it is not based in law or ‘in fact.’

Seriously, in your opinion WHY is it wrong to openly carry? Our police officers do it. These guys weren’t walking around with weps stuck in their waistbands — they were not presenting the appearance of a threat. WHY was it wrong?


20 posted on 09/23/2010 5:39:17 AM PDT by Blueflag (Res ipsa loquitur)
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