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Thread: This didn't help - 2A advocate convicted of homocide

  1. #1
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    Default This didn't help - 2A advocate convicted of homocide

    From the 7th Circuit Court of Appeals decision affirming the district court's dismissal of the section 1983 complaint in Gonzalez v. W. Milwaukee (2/2/2012):

    (Hey, I could have entitled it "Jesus Kills Important 2A Case" but that would be trolling)

    Jesus Gonzalez was active in Wisconsin's "open carry" movement, which advocates for the right to carry unconcealed firearms in public. On two occasions in 2008 and 2009, he openly carried a holstered handgun into retail stores in the Village of West Milwaukee and the City of Chilton, Wisconsin. On each occasion he was arrested for disorderly conduct and his gun was confiscated. He was not prosecuted for either incident, however, and his handguns were eventually returned.


    Gonzalez sued the arresting officers and the two municipalities under 42 U.S.C. § 1983, asserting several claims for relief. First, he alleged that the officers falsely arrested him in violation of the Fourth Amendment because his open carrying was not disorderly conduct and was protected under the state and federal constitutions. On this claim he sought damages and prospective declaratory relief. He also claimed the municipalities retained his handguns for too long after each arrest, amounting to an unconstitutional seizure of his property. Finally, he alleged that West Milwaukee and its officers violated § 7(a) and § 7(b) of the Privacy Act of 1974 when they obtained his Social Security number during the booking process.


    The district court granted summary judgment for the defendants on all claims.


    Gonzalez appealed. In the meantime several developments changed the contours of the case.


    Effective November 2011, Wisconsin adopted a concealed-carry permitting regime and in connection with that legislation, amended its statutes to clarify [*3] that openly carrying a firearm is not disorderly conduct absent "circumstances that indicate a criminal or malicious intent." WIS. STAT. § 947.01(2); see Wis. Act 35, 2011-2012 Wis. Legis. Serv. 825, 849 (West).


    Also in November 2011, Gonzalez was convicted of homicide and may no longer lawfully possess firearms.





  2. Concealed Carry Giveaway
  3. #2
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    Mar 2010
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    Texas
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    Talking about Social Numbers

    FEDERAL FELONY
    42 U.S.C. 408
    Whoever discloses, uses or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be quilty of a felony and upon conviction thereof shall be fined under title 18 U.S.C. or imprisoned for not more than five years, or both.

    18 U.S.C. 124 Conspiracy Against Rights.
    If two or more persons conspire to injure, oppress, threaten or intimidate any person in any state, territory, commonwealth, possession, or in the District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States or because of his having so exercised the same, Shall be fined under this title or imprisoned not more than ten years, or both.

  4. #3
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    A very interesting case. Milwaukee, and Madison areas law enforcement leaders have made statements to the press that they would ignore rights of Open Carry, even after the Wisconsin Attorney General had ruled that open carry was not in itself disorderly conduct. And here in Wisconsin it is not unusual to have a liberal judge ruling on a case like this. After reading about the murder trial, it is not clear what happened on the street that night. There were no witnesses to the shooting, and the victims had records. I can not make a judgement on this case, but I do have more questions that need answering. Any bad news about OC or CC is not good public relations.
    Even though I walk through the valley of the Shadow of Death, I will fear no Evil, for YOU are with me; Remington 44 Mag:

  5. #4
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    Hey nogods>> I don't believe in your religion, it would take too much faith for me! You piss a lot of people off but I think you could have, no should have lead your post with "Jesus killed...." You crack me up. You going soft or something?
    NRA Life Member

  6. #5
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    Nov 2009
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    1,661

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    Quote Originally Posted by CapGun View Post
    Hey nogods>> I don't believe in your religion,
    Neither do I.

    I'm taking the W. C. Fields approach - I'll start reading the bible on my deathbed...looking for loopholes.

  7. #6
    Join Date
    Mar 2009
    Location
    Florida
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    355

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    It's USC title 18 241 just letting you know.
    The Only Easy Day Was Yesterday

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