Wisconsin –-(Ammoland.com)- On March 19th, 2014 a 66 year old Oconomowoc woman “Susan” carelessly left her lawfully carried handgun inside a bathroom stall at Elmbrook Church in Brookfield. It was found a few minutes later by a staff person.
A month later Waukesha County ADA Lesli Boese filed charges of negligent handling of a weapon: Wis. Stat. 941.20(1)(a) against Susan. At the time, Wisconsin Carry representatives, interviewed by local media, suggested this charge did not in any way seem appropriate for the situation.
A Waukesha County judge agreed, and the case was thrown out of court on June 19th 2014. All charges dismissed.
In what can only be described as a misguided prosecutorial over-reach, Assistant District Attorney Lesli Boese was undeterred. After having the initial bogus charge tossed out of court, over the course of the summer, ADA Boese threatened Susan with an even more bogus charge of “Disorderly Conduct” unless Susan willingly agreed to give up her concealed carry license for LIFE and forfeit her expensive gun.
While careless, and cause for embarrassment, Susan’s behavior was not criminal. Wisconsin has a law that specifically addresses leaving or storing a gun where a child could gain access to it. Wis Stat. 948.55.
948.55 states that a crime ONLY occurs if someone leaves or stores a gun within easy access of a child IF a child actually obtains the gun AND discharges the gun AND causes bodily harm or death to himself, herself, or another. None of which occurred in this situation.
Susan refused to cede her constitutional right to self-defense for the rest of her life, nor her private property, to the demands of ADA Boese. As threatened, ADA Boese filed charges of “disorderly conduct” against Susan this past Tuesday (November 24th 2014).
Wisconsin Carry condemns the actions of Waukesha County Assistant District Attorney Lesli Boese. While Susan’s mistake was careless and highly embarrassing, no crime occurred.
When passing 948.55 the Wisconsin legislature CLEARLY considered what should and should not be a crime when it comes to leaving a gun where a child can gain access to it. They clearly intended that leaving a gun within easy access of a child would not be a crime unless a child obtained, discharged, and injured someone with the gun.
Wisconsin Carry believes prosecutors should use discretion deciding how to enforce the laws of the state of Wisconsin. Under NO circumstances should prosecutors attempt to legislate from the DA’s office prosecuting behaviors that the legislature has decided should not be crimes.
In addition to being a waste of taxpayer resources by the Waukesha County DA’s office, citizens of Waukesha County should be concerned what other non-crimes law abiding citizens may be persecuted for via prosecution in the future.
If you would like to ask the Waukesha County DA to stop persecuting gun owners and leave the creation of law to the legislature contact information is as follows:
Main Phone: 262-548-7076
Carry On,Nik Clark
Chairman/President – 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. Visit: www.wisconsincarry.org