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Thread: CCW application sent off.

  1. #41
    Join Date
    Dec 2010
    Location
    Elkhorn, Wisconsin, United States
    Posts
    36
    Quote Originally Posted by cortchubby View Post
    Ah HA! I think I found the law regarding this womans predicament:

    If I do not have a CCW license how do I transport weapons in a vehicle?
    A. Handguns
    The law now allows a person to do the following without a CCW permit:
     place, possess, or transport a handgun in a vehicle without being
    unloaded or encased. Wis. Stats. 167.31(2)(b).
     load a handgun in a vehicle. Wis. Stats. 167.31(2)(c).
     operate an all-terrain vehicle (ATV) with a handgun in the operator‘s
    possession. Wis. Stat. 23.33(3)(a).
     place, possess, or transport a handgun in or on a motorboat with the motor
    running without being unloaded or encased. Wis. Stats. 167.31(2)(a), (b),
    (c).
     place, possess, or transport a handgun in or on a noncommercial aircraft.
    IMPORTANT NOTE: Persons who do not have a CCW license may still not
    carry weapons concealed. In a vehicle this means that the firearm cannot be
    hidden or concealed and within reach.

    So.... it can't be concealed and within reach.... How did they see it if it was concealed? The MPD just has a burr up their butts for Krysta because she is standing up for her rights.

    Anyhow, have my licence, # 126, wife has 118. Dropped off at DOJ at 8:10 am on 11/1.

  2.   
  3. #42

    Thumbs up Concealed in car w/o CCW permit

    Sounds like you are right.
    Under the law she CAN have the weapon in the vehicle.
    She CANNOT have it concealed.

    There in lies the sticky wicket.

    Some states argue that merely entering the vehicle while open carrying is considered concealment(Michican)

    While others (to quote a Trooper) allow you to "have the damn thing on the dash board,I dont care,just dont get out of the car wearing it" Mississippi Trooper Cooper

    This poor WI woman didnt have a CCW there fore she (according to this law) COULD NOT conceal the gun.Did she have it on her? That would be concealment.And I agree..if it was on her concealed how did they find it? What predicated the search of her person? Did she have it in a console or glove box? THAT would be transportation. Was it in plain view on the seat next to her? THAT is perfectly legal.

    Congrats on getting your permit.
    Welcome to the world of CCW.

    As for this woman,had I been the one stopping her...(pay attention here)
    I would have asked if she had weapons in the car. A "yes" would have lead to 'let me see your permit' after I separated her from her weapon.If the gun was in the open,or STORED in a glove box I would have smiled,handed her license back to her and said have a great day. BUT if the weapon was on her and "printing" or she openly admitted she was carrying on her person a firearm,I would dis arm her and depending on her demeanor,effected arrest for UUW since she did not have a CCW permit. HOWEVER,in most cases,I would have put her gun in the trunk,and sent her on her way. Realize that the anti gunners out here are FEVERISHLY looking for ways to restrict the CCW laws which they perceive as a slap in the face to them. Note the "restricted areas" and "no gun zones" popping up all over the place. LAuren Cnare has stated she will do everything in her power to make Madison a "No Gun Zone". Personally, I think they should drag her from office tar and feather her then set her on fire for all to see but thats just my personal opinion.
    I would like,if you or anyone else can find it,more details on this womans case. It goes back and forth as to guilt and innocence.Off the cuff now...
    Im going to venture that MW will extract fines from her and return her gun after she has paid them the fines. Arrest? Nah. I dont see criminal intent in what the woman was doing BASED ON THE AVAILABLE "facts" posted here.
    MW will do what they can to jam you up. But,knowledge of the LAW as opposed to some anti gun Police Chiefs opinion,will suit you well in two areas.
    One:Keep you out of Jail
    Two: make you RICH if you DO go to jail.
    " We came,We Saw,We kicked their asses and when the screaming stopped,the blood dried,the smoke cleared and the dust settled...PEACE WAS RESTORED"

  4. Well first here is where I go to find out about the case, she herself post here a lot. Wisconsin

    From what I gather at this point the city at first tried to say that simple open carry in a vehicle is in fact concealed carry because the car conceals it. There basis for this is very old case law long before SB93 made changes to car carry and there intent to allow open carry in the car without a permit. But now instead of forcing that case and setting a new precedent, they are now claiming that at first the officer approached and did not see the weapon and after leaving and coming back to talk to her saw the weapon with coat tucked behind it. They say the only way they could have missed it was if it was under the coat the first time and when the officer left she unconcealed it. I think it is unreasonable to assume that because the officer didn't see it the first time it must have been concealed.

    I would suggest going to that other forum to catch up on the hole story as I did not read up much in the last week because I was busy. I just think its odd that they are still charging her for the same crime but now for different reasons. Now basically its a her word versus there word scenario instead of challenging open carry in a car legal now without a permit. But now it has changed, I was not there so I don't know if her coat didn't conceal the weapon.

    Even tho it does seem odd because of the switch and the whole because I didn't see it the first time it "must have" been under your jacket, I will not comment on this anymore cause it went from a technical charge to avoid the law to a claim of real concealed carry without a license. And like I said I was not there.

  5. #44

    agreed

    This should be an interesting case. Anyway congrats on your permit.
    Milwaukee along with Madison seem to be hell bent on stopping CCW.
    Oh well. Its state law. Not a lot they can do other than post
    "no guns allowed" signs. Bet Lauren Cnare is pulling what little hair she has left out of her neurotic head. Be good and keep your powder dry.
    " We came,We Saw,We kicked their asses and when the screaming stopped,the blood dried,the smoke cleared and the dust settled...PEACE WAS RESTORED"

  6. #45

    waiting still

    I mailed mine from Milwaukee 11/1, check cleared my bank 11/15 and have yet to receive my permit. Getting tired of waiting. DOJ just says we can't do anything until I hit the 45 day mark. B.S. I call.

  7. #46
    Ah dont feel bad. In Illinois they have 30(thirty) days to approve or deny FOID. When they get past the 30 days they claim they are "short staffed". This of course doesnt exempt them from the law. Ill check into your issue,and barring any criminal history that they found that you may have over looked,you SHOULD be getting it shortly.
    " We came,We Saw,We kicked their asses and when the screaming stopped,the blood dried,the smoke cleared and the dust settled...PEACE WAS RESTORED"

  8. Quote Originally Posted by diesel44 View Post
    I mailed mine from Milwaukee 11/1, check cleared my bank 11/15 and have yet to receive my permit. Getting tired of waiting. DOJ just says we can't do anything until I hit the 45 day mark. B.S. I call.
    Yeah on another forum I watch there are at around half way thru the 30k apps submitted in the first week. Thing is thou that some people that sent them as late as the 10TH have received there's already. That thread which you can read here WI concealed weapon application tracker has a lot of people in your situation. Check it out it you have not already, I know the wait sucks but sometimes it just helps to know that your not alone.

    The DOJ has requested more people and Im pretty sure that they will get them. But either way since the law says they have 45 days but failed to stipulate if they go over you are considered licensed there really is no remedy for you even after the deadline. I was thinking that if that was the case then you could probably use the emergency licensing clause to get a temporary one. I would think telling the Judge that you applied and they are over there allotted time with no way to know when you will receive it that he would grant you the 90 days temporary permit. Your license will be in long before that expires.

    Good luck, I hope you get your license soon. Just wanted to give you an Idea of what you might try if not.

  9. #48

    FINALLY got my permit

    I received my permit today in the mail. Says granted 11/30. Can't believe took 4 days from Madison. Mail usually comes in one day from the people's republic of Madison.

    Anyway my number is 164**

  10. Quote Originally Posted by diesel44 View Post
    I received my permit today in the mail. Says granted 11/30. Can't believe took 4 days from Madison. Mail usually comes in one day from the people's republic of Madison.

    Anyway my number is 164**
    Congratulations

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