Wisconsin -(AmmoLand.com)- We have another notable situation in Wisconsin that all CCL holders should be aware of.
In late April a school teacher here in Wisconsin, who believed (and from the news reports I agree) was LEGALLY storing his gun UN-loaded and encased in his center console of his locked vehicle as per Wisconsin Law, was charged with a felony for having a gun on school grounds.
News Report: https://fox11online.com/news/
This is yet another example of the travesty that is Wisconsin’s prohibition against carry on school grounds EVEN in your personal vehicle.
Wisconsin law requires your gun be UN-loaded and encased when on School Grounds EVEN in your own vehicle. Here is the statutory definition of encased: “(b) “Encased” means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.”
Wisconsin Carry believes an unloaded gun secured in the center console MEETS the definition of “encased” because the latch on the center console meets the definition of “otherwise fastened with no part of the firearm exposed”. APPARENTLY the district attorney in Shawano County disagrees.
Now a law-abiding school teacher is suspended from his job facing FELONY charges with attorneys fees piling up.
Frequently after I discuss “school grounds carry” I have people tell me “as long as you are doing nothing wrong, the police would just give you a warning”. This situation should prove to us all that NOT ONLY will you receive NO leniency, NO warning, NO benefit-of-the-doubt, but the police and DA will use a definition of “encased” that the statute does NOT seem to support.
While I hope and pray this poor guy beats the charges in court, his reputation has been dragged through the media, his life is on hold, he is suspended from his job, he has attorney fees piling up… ALL because he tried to FOLLOW the letter of the law.
The “School Grounds Carry” bill (SB589) that Republican Senator Van Wanggaard of the 21st Senate District (Racine County) refused to move forward in the committee he chairs last session NEEDS to be given priority by Republican legislators who claim to support the 2nd Amendment and right to carry. HOW MANY MORE law abiding citizens need to have their life ruined before Wisconsin’s legislators make the SIMPLE change to Wisconsin law to adopt the provision of the FEDERAL gun free school zone law that ALREADY allows CCL holders to carry on school grounds.
The following link on the Wisconsin Carry website has a more detailed history on the effort WCI has undertaken over the past FOUR YEARS trying to get school grounds carry passed.
Carry On,
Nik Clark
Chairman/President – Wisconsin Carry, Inc.
[email protected]
About Wisconsin Carry, Inc.:
Wisconsin Carry, Inc. is a non-profit corporation dedicated to the preservation and reclamation of the rights of law-abiding Wisconsin residents to carry in the manner of their choosing. We believe that “open carry” and “concealed carry” are choices to be made by law-abiding citizens based on their situation and preference. Wisconsin Carry, like many gun-rights organizations in Wisconsin, is investing a great deal of resources to get Wisconsin law changed to allow concealed carry this next legislative session by proposing Constitutional Carry. Wisconsin Carry, Inc. will continue to use legal recourse to deter unlawful treatment of law-abiding Wisconsin residents who currently exercise their right to open carry, and soon will exercise their right to concealed carry in Wisconsin.
For more information, visit: www.WisconsinCarry.org.
Why is a warning even issued if its already correctly stored?
What gave them the right to search his car in the first place? That’s violating another Constitutional right in additoin to the 2nd Amendment. What probably cause could they have had, probable cause that they had a different definition of the statute than the general public did? The court should throw out the chargs and repriomand the police department for having no commom sense. If they don’t, the judge must not have any either.
Has anyone started a “Go Fund Me” account? Very nice for people to comment; that won’t pay his legal fees!
Time for the teacher to sue and get the liberal SOB DA out of office!!!!!!!
I am a retired peace officer. Young cops today have been convinced that they are “law enforcement” officers. In my day, local police and deputies considered Feds to be “law enforcement” officers. They simply went out to arrest anyone violating federal laws. We had to live and work among those we served. The change in philosophy has taken 30 years, but now many young officers are seeking to make arrests instead of keeping the peace. My police academy chief instructor told us right before graduation, “You are peace officers, not law enforcement officers. Your job is to keep the peace,… Read more »
Remember JURY NULLIFICATION-we the people are the final arbiters of what is Constitutional. If you get on a jury in such a case, or any 2A case, vote to ACQUIT.
Hear! Hear!
Attorney General for the State of Wisconsin, Brad Schimel, personally informed the crowd attending the Wisconsin Firearms Training Center opening ceremony that he would NOT prosecute any unintentional violation of the carrying of weapons on school grounds. I heard it and so did the newly elected Wisconsin Supreme Court Judge – Rebecca Bradley who was also in attendance.
Harassing law abiding citizens isn’t as hazardous as arresting real felons and putting them on trial. LOL
The DA should be charged with malicious prosecution if such a thing exists.