Wisconsin State Capitol Posted on 02/01/2016 3:45:30 AM PST by marktwain
Wisconsin State Capitol
A gun law reform bill passed the Wisconsin legislature on 20 January of 2016, with little fanfare. It was approved by both the Milwaukee Police Association and the National Rifle Association. Overall, the bill makes reforms in the way that courts treat the return of firearms when they are taken into custody by police.
The bill creates a rigid legal framework for gun owners to regain possession of their property. It does this by requiring courts to issue orders to police to return guns under rigidly defined conditions. It is an incremental reform, as it provides a clear vehicle for a person to have a firearm returned; but there are significant flaws.
The most obvious flaw is the burden that is placed on the owner of the firearm. The police took the private property. The burden should be on them to return it if it becomes clear that no charges will be filed, or for other reasons that are stated in the legislation. Instead, the burden will lie with the property owner. Time and expense required to retrieve the firearms may well be more than modest firearms are worth. Here is the analysis of the law by the legislative Reference Bureau. I have added spacing to make the analysis easier to read. From AB13, Wisconsin Legislature:
(Excerpt) Read more at ammoland.com ...
The burden should be on the police who took the firearm, to return it.
“The burden should be on the police who took the firearm, to return it.”...........
Guess the law makers see otherwise. The best way to get your gun back is to NOT lose it in the first place, obey the laws and “no problem”, at least thus far.
If you ever have to use your gun in self-defense, the police WILL take it as evidence, and WILL keep it until ordered to return it by a court. If it’s a particularly nice gun, it may find its way into some cop’s personal collection.
Ideally, the law should state that, if no charges have been filed by a deadline of 90 days, the police need to return it, with failure to return being treated as theft, and the chief of police being liable.
First, you assume the arrested is actually guilty.
2nd, it is personal property and part of an estate. Even if the arrested is guilty, his effects should rightly go to his heirs for their benefit.
“The best way to get your gun back is to NOT lose it in the first place, obey the laws and “no problem”, at least thus far.”
Too bad everyone commits about three felonies a day, whether they wish to or not.
You are naive if you believe that prosecutors cannot come up with a crime to charge you with, if they desire to do so.
In addition, police routinely take guns without a crime being committed; often just because: Gun!
I have heard first person accounts of too many cases (most often in California) where police confiscated guns simply because the guns were present.
The police then refuse to give them back without a court order.
As obtaining a court order usually cost more than the value of the gun(s), it became legalized theft.
"If you have done nothing wrong, you have nothing to worry about comrade." Lavrenty Beria
Your faith in government is quaint.
It is incremental in the right direction. Remember, the left got us where we are incrementally. We must be patient.
It is incremental in the right direction. Remember, the left got us where we are incrementally. We must be patient.
*****************************************************************************
Yep, EVERY step in the right direction takes us away from the wrong direction. We must encourage CONTINUOUS additional right-direction steps.
Someone comes to your store with a gun. You shoot them. They take your gun. They don’t charge you because you were completely within the law. But it costs you a lot of time and money to get your gun back. In fact, you need to buy another gun.
OH, SHUT UP, YOU DAMNED CRUZ BACKER!!!
Didn’t you get the memo from the DC Uni-Party??? We are supposed to be in open warfare to split the conservative vote and insure their preferred candidate wins in November!
Get with the program. What the hell are you, a Patriotic American Citizen???
Sheech!
f you ever have to use your gun in self-defense, the police WILL take it as evidence, and WILL keep it until ordered to return it by a court.
That is why is is wise to have several guns.
And not store them all in one place.
How ‘bout once GOVT obeys the Constitution, We the People follow the Law?
More time that now, they are taken by police, regardless if charged or not, and willfully hold until court ordered.
IMO, they should be returned immediately (if not charged, or after trail/etc.). Failure to do so holds EACH in the line of evidence liable(as, more than likely, it never should have been taken to begin), let’s say 5x the value.
We’re talking here of people whose guns were taken and there turned out to be no case against them and their guns should be returned. Are you assuming only criminals’ guns are ever confiscated by police?
Doesn’t sound like any improvement to me. The owner still needs to deal with some menial pinhead to get his guns back.
obey the laws and “no problemâ€
And cover your a$$
“Too bad everyone commits about three felonies a day, whether they wish to or not.
You are naive if you believe that prosecutors cannot come up with a crime to charge you with, if they desire to do so.
In addition, police routinely take guns without a crime being committed; often just because: Gun!
I have heard first person accounts of too many cases (most often in California) where police confiscated guns simply because the guns were present.
The police then refuse to give them back without a court order.
As obtaining a court order usually cost more than the value of the gun(s), it became legalized theft.
I too can speak of a 1st person account.
Wisconsin legislature revises gun law with approval of law enforcement and NRA.
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
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