Saturday, May 29, 2010
A political victory for carry rights in Wisconsin
For immediate release:
One of Wisconsin Carry's Founders Club Members Dave "Ole" Olson is a delegate with the Wisconsin Republican party who participated in the Wisconsin Republican Party convention in Milwaukee May 21 - 23, 2010.
Dave is a very strong advocate for true carry rights and he has been working actively along with other delegates to make some important changes to the Republican platform.
This document summarizes what has occurred at the GOP State Convention with the official Republican platform.
Two things to notice:
| | Thirteen (13) Counties overwhelmingly voted against removing the "permit" language. (Burnett, Chippewa, Forest, Green, Oconto, Oneida, Outagamie, Ozaukee, Portage, Racine, Richland, Sawyer, Waushara). If you are a resident of any of these thirteen (13) counties, we urge you to contact the party leadership and urge them to fully support the platform. |
| | Twenty Six (26) Counties voted unanimously in favor of removing the "permit" language. (Adams, Ashland, Barron, Bayfield, Calumet, Clark, Columbia, Crawford, Grant, Iowa, Jackson, Juneau, Kewaunee, La Crosse, Lafayette, Lincoln, Manitowoc, Monroe, Pepin, Pierce, Rusk, Sauk, St. Croix, Trempealeau, Vilas, Washburn) |
Wisconsin Carry and our membership hopes to continue to expand the ability to exercise the rights our state and federal constitution re-affirm through all available methods, political, legislative, legal/judicial, public awareness and any other effective means.
Thank-you to Ole for his efforts within the Wisconsin Republican Party and to Tom Irwin and Hudson Mayor Dean Knudson who spear headed the effort.
Monday, March 29, 2010
Wisconsin Carry, Inc. adds new member to Board of Directors
For immediate release:
Wisconsin Carry, Inc. is pleased to announce that Joseph Louis Olson, has been appointed to our Board of Directors. See the official press release here.
Mr. Olson is a trial attorney and a member of the Litigation Practice Group of Michael Best & Friedrich LLP. Mr. Olson's talents have been recognized by his inclusion in Milwaukee Magazine's list of "Rising Stars" in 2006, 2008 and 2009. Inclusion on this list is limited to the top 2.5% of Wisconsin Attorneys under the age of 40. Mr. Olson's principled legal expertise will be a valuable asset to Wisconsin Carry, our membership, and the carry rights of law-abiding Wisconsin gun owners.
Founded in 1848, Mr. Olson's firm Michael Best & Friedrich has a reputation as a leading law firm in the Midwest. Gun-rights advocates in Wisconsin will be familiar with Michael Best & Friedrich as attorneys from this firm successfully argued Wisconsin's prohibition on concealed carry was unconstitutional as applied to Mr. Hamdan in the landmark State of Wisconsin v. Hamdan. That case for the first time recognized that Wisconsinites have a constitutional right to concealed carry in certain situations.
Wisconsin Carry was incorporated in November of 2009 to preserve and expand the rights of law-abiding Wisconsinites to carry weapons for self-defense in the method of their choosing. Wisconsin Carry filed a federal lawsuit on January 8th to challenge the constitutionality of Wisconsin's Gun-Free-School-Zone statute. On March 5th 2010, Wisconsin Carry was awarded a $10,000 judgment against the City of Racine and 2 Racine Police officers who unlawfully infringed on the rights of one of our members while he was open-carrying.
Wisconsin Carry is the fastest growing gun-rights organization in Wisconsin.
Friday, March 12, 2010
Wisconsin Carry, Inc. amends complaint to include the City of Greenfield, WI and Manitowoc, WI.
On January 8th 2010 Wisconsin Carry, Inc. filed a lawsuit in Federal Court to challenge the constitutionality of Wisconsin's onerous Gun Free School Zone Act.
Wisconsin's Gun Free School Zone Act (GFSZA), which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The Federal GFSZA was struck down as unconstitutional in 1995. Wisconsin's GFSZA remains.
A copy of the
original complaint can be viewed
here.
The complaint was amended to include the cities of Greenfield an Manitowoc. We received notice of acceptance of the amended complaint on Friday March 12, 2010
On or about May 18, 2009, Greenfield chief of police Francis Springbob sent Plautz a letter. The letter warned Plautz that "your property is barely 50 feet outside of a school zone. Any picnic attendee straying into the school zone while armed risks arrest and prosecution."
In the summer of 2009, Plaintiff Leifer planned a "Freedom Walk" as an open carry event for July 4, 2009. In a subsequent telephone call, Dick advised Leifer that the planned route started in a school zone, and that people in the Freedom Walk would be subject to arrest for possessing firearms in a school zone.
A copy of the
amended complaint can be viewed
here.
Wisconsin Carry is a non-profit corporation dedicated to the preservation and reclamation of the basic rights critical to a free society. Our membership believes in the founding principles of our country and our constitution: That all are created equal, that governments exist to protect the rights of individuals, and that governments derive their power from the consent of the governed. Our mission is to preserve, advance and expand these basic rights which law-abiding citizens are entitled to have a practical ability to exercise.
Friday, March 5, 2010
Wisconsin Carry, Inc. awarded judgment against City of Racine and 2 Racine Police Officers
On September 9th, 2009 Wisconsin Carry, Inc. member Frank Hannan-Rock of Racine was unlawfully arrested while open-carrying on the front porch of his home in Racine.
See the
Journal Times article here
On January 8th Wisconsin Carry, Inc. filed a federal lawsuit against the State of Wisconsin, City of Racine, 2 Racine Police officers, The City of Milwaukee and one Milwaukee Police Officer. In this lawsuit we challenge the constitutionality of Wisconsin's Gun-Free-School-Zone Act. In this lawsuit we also brought on 2 Wisconsin Carry, Inc. Members as co-plaintiffs. Frank Hannan-Rock of Racine was one of these co-plaintiffs.
A copy of the lawsuit can be viewed
here
Frank was lawfully open-carrying on his own porch when Racine Police, who were summoned to his neighborhood on an unrelated call, observed and questioned Frank because he was open-carrying. After a few minutes of increasingly aggressive questioning Frank exercised his right to remain silent and was subsequently unlawfully arrested for obstruction of justice for refusing to give his name. In the state of Wisconsin no law allows officers to arrest for obstruction on a person's refusal to give his or her name. "Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995)"
Details of Frank's encounter can be viewed by going to
our website and clicking on the October 16th blog entry.
Frank was unlawfully arrested and his firearm illegally seized. He was later released without being charged.
Wisconsin Carry, Inc. filed suit on Frank's behalf for his unlawful detainment, arrest, and seizure of his firearm.
On behalf of the board of Wisconsin Carry, Inc. and all of our members, we are pleased to announce that The U.S. District Court for the Eastern District of Wisconsin has entered a judgment in the amount of $10,000 in favor of Wisconsin Carry, Inc. and Frank Hannon-Rock and against the City of Racine and two Racine police officers.
We look forward to the precedent that this case will set for other municipalities who's police officers operate outside of their legal authority and unlawfully detain, arrest, and seize property of law-abiding open-carriers.
A copy of this
judgment can be viewed here
Wednesday, February 17, 2010
Open-Carry Rally this Sunday Feb. 21st in Sussex, WI
Wisconsin Carry, Inc. is organizing an Open-Carry rally this Sunday Feb. 21st in Sussex Wisconsin. If you haven't yet taken the opportunity to exercise your right to carry in Wisconsin, or you exercise your right to carry on a daily basis, this will be a great opportunity to join hundreds of other like-minded individuals. Please join us and local news media as we promote awareness of Wisconsin's resident's right to carry.
On Monday Feb. 15th, one of our members, "Joseph" was doing something he has done on many occasions. That is sitting down for lunch at China-Wok in Sussex, WI while open-carrying as law-abiding citizens do in Wisconsin. The only difference on this day was a Wisconsin State Trooper; "Trooper Kneisler" was in the parking lot. On this day, this particular Trooper was on a mission to place his personal desires above his professional responsibilities. It appears to us at Wisconsin Carry that Trooper Kneisler was determined to oust Joseph from the restaurant before he had any knowledge of the stores policy or even that the storeowners had any desire for his intervention. Don't take our word for it. When Joseph saw Trooper Kneisler heading into the restaurant, he pulled out his recording device (standard accessory for many of us who want to make sure we have documentation in the event of unlawful conduct by law-enforcement) and video-taped the encounter:
Whatch it on youtube here
Unfortunately this video is not the end of the story. Late Monday night 3 Waukesha County Sheriffs Deputies visited Joseph at his home. Indications from the deputies was that Trooper Kneisler had continued his persecution of Joseph by contacting them and untruthfully suggesting Joseph was trying to impersonate a police officer. Reasons given included that he was "open-carrying" and that he has CB Radio antennae on his vehicle (a Hyundai Elantra)?
As would be expected, the deputies determined State Trooper Kneisler's complaint was unfounded and left.
Please take the opportunity to show your support for Joseph and the right of all law-abiding residents of Wisconsin to exercise their right to carry by joining us in Sussex this Sunday. We will be meeting at the Starbucks in Sussex at 24950 West Main Street. The Rally will begin at 12:30 sharp. Please arrive a few minutes ahead of time! Starbucks has a nationally stated policy to respect the laws of respective states and allow their patrons who may legally carry a gun in their state to carry in their establishment. We are happy to patronize businesses that take the side of law-abiding citizens.
OPEN-CARRY IS ENCOURAGED, BUT NOT REQUIRED
After coffee and meet-n-greet at Starbucks those who wish may join us as we hold an awareness rally at the State Patrol District Headquarters at 21115 East Moreland Boulevard, Waukesha, WI. If you can't make Starbucks by 12:30 plan to meet up with us at State Patrol District Headquarters at 1:00pm. Organizers have taken all due care to ensure that all Wisconsin Laws will be followed. Remember to encase and unload all firearms while transporting them and that while carrying, all guns must be openly-carried. Please contact us with any questions! This is a family friendly event. Don't hesitate to bring your significant other and children. After the awareness rally at State Patrol District Headquarters many will return to Sussex for late lunch at China-Wok. (next to Starbucks)
Feel free to visit the discussion thread
Details:
When: Sunday Feb. 21st 12:30pm
Where: Starbucks 24950 West Main Street Sussex, WI
If you miss us at Starbucks plan to join us at
1:00pm:
State Patrol District Headquarters 21115 East Moreland Boulevard, Waukesha, WI
Friday, January 8, 2010
Wisconsin Carry, Inc. files federal lawsuit challenging Wisconsin's (GFSZA)
On January 8th 2010 Wisconsin Carry, Inc. filed a lawsuit in Federal Court to challenge the constitutionality of Wisconsin's onerous Gun Free School Zone Act.
Wisconsin's Gun Free School Zone Act (GFSZA), which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The Federal GFSZA was struck down as unconstitutional in 1995. Wisconsin's GFSZA remains.
In 1998 79% of the voters in the great state of Wisconsin voted Article 1 Section 25 into our state constitution. "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose". The Constitutions of the United States and Wisconsin guarantee the right of individuals to keep and bear arms; and as the United States Supreme Court held in the DC gun ban case, DC v. Heller, "bear" means "carry." Wisconsin’s Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state. It is an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges. Wisconsin's GFSZ Act places someone who was innocently walking their dog around their subdivision at night while armed in danger of felony charges if they should happen to cross these invisible school zones which extend nearly a quarter mile out from the edge of school property and many properties that are not identified as schools!
More than 2000 people have signed our online petition calling on the Governor and Legislature to repeal this law.
Wisconsin Carry is a non-profit corporation dedicated to the preservation and reclamation of the basic rights critical to a free society. Our membership believes in the founding principles of our country and our constitution: That all are created equal, that governments exist to protect the rights of individuals, and that governments derive their power from the consent of the governed. Our mission is to preserve, advance and expand these basic rights which law-abiding citizens are entitled to have a practical ability to exercise.
A copy of the
Federal Lawsuit can be viewed
here
Friday, October 16, 2009
A Victory for Freedom and the Rights of Law-Abiding Citizens in Racine
On September 9, 2009 Frank Hannan-Rock was standing on his porch in Racine, WI with a lawfully open-carried sidearm. The Racine Police in a routine investigation involving another matter and another party approached and questioned Mr. Hannon-Rock. Mr. Hannan-Rock was polite and cooperative with the officers until the officer’s questions become more aggressive and accusatory.
At that time Mr. Hannan-Rock became concerned that his rights were being violated by the Racine Police and asked his wife to retrieve his voice-recorder (a standard accessory for many law-abiding open-carriers). Mr. Hannan-Rock then decided to exercise his right to remain silent.
What happened next should concern every law-abiding citizen in Wisconsin. Mr. Hannan-Rock was unlawfully detained by the Racine Police and placed under arrest with the charge of obstruction. Wisconsin case-law clearly defines that the choice to remain silent does not constitute obstruction charges. The Wisconsin Supreme Court ruled in Henes v. Morrisey that "No law allows officers to arrest for obstruction on a person's refusal to give his or her name. Mere silence is insufficient to constitute obstruction".
Mr. Hannan-Rock's unlawful treatment by the Racine Police continued with a 7-hour detainment until such time as a family member was able to post bond. To add insult to injury, Mr. Hannan-Rocks firearm remained in police possession for "ATF testing".
If Mr. Hannan-Rock's unlawful detainment and arrest wasn't enough, the Racine Police Department continued their persecution of Mr. Hannan-Rock releasing a statement to the press the following day verifying the above circumstances and introducing a theory that Mr. Hannan-Rock had somehow tried to "setup" the police. The Racine press shirked their journalistic responsibility and suggested that Mr. Hannan-Rock had "lost the moral high ground" based on the Racine Police Departments cover-up... er characterization of the situation as a "set-up".
Fortunately, the rule of law, and respect for Mr. Hannan-Rocks rights was restored when the case reached the Racine District Attorneys desk. The DA had clearly received Wisconsin Attorney General J.B. Van Hollen's April 20th, 2009 memo reiterating the legality of open carry of a sidearm in Wisconsin. In addition, clearly the DA was aware that refusal to give one's name is no grounds for an arrest or prosecution for obstruction. Mr. Hannan-Rock was informed on October 14th that the Racine DA would file no charges. A Racine Police officer subsequently returned Mr. Hannan-Rocks firearm to him on October 15th 2009.
If Mr. Hannan-Rock's unlawful detainment and arrest wasn't enough, the Racine Police Department continued their persecution of Mr. Hannan-Rock releasing a statement to the press the following day verifying the above circumstances and introducing a theory that Mr. Hannan-Rock had somehow tried to "setup" the police. The Racine press shirked their journalistic responsibility and suggested that Mr. Hannan-Rock had "lost the moral high ground" based on the Racine Police Departments cover-up... er characterization of the situation as a "set-up".
Hopefully this instance has served as a "teachable moment" for the Racine Police Department and law enforcement across the state. Wisconsin is not a Police State. As more and more law-abiding citizens across Wisconsin exercise their federal and state constitutional right to go armed the police have an obligation to protect these rights, not usurp them.
Open carry events are continuing across the state of Wisconsin. Law-abiding citizens exercising their constitutional rights the only way they can right now in Wisconsin by openly carrying. Just last week the Village of Ashwaubenon repealed their unenforceable ordinances which Wisconsin's preemption law nullifies. Many municipalities across the state are following suit.
In the meantime, the law-abiding citizens of Wisconsin owe a debt of gratitude to Mr. Hannan-Rock for knowing and exercising his rights even in the face of a police department that was ignorant to them. The moral high-ground remains occupied by men like Mr. Hannan-Rock and the law-abiding citizens of Wisconsin who go about their daily business knowing and exercising their rights. Carry on!
Thursday, October 8, 2009
Welcome to WisconsinCarry.org
This website will be used to deliver information regarding the right to carry in Wisconsin. Wisconsin Carry aims to help restore gun rights in Wisconsin to the level enjoyed in most of the United States. We are guided by an advisory board and have over 1000 email list subscribers as of October 8th 2009. We are strictly volunteer. Please join us by opting in to our email subscription list below. Your opting in to our email list will allow us to build a network of individuals who collectively will afford us the opportunity to challenge Wisconsin's onerous and prohibitive restrictions on our right to carry both legally and legislatively.
Monday, April 20, 2009
Attorney General J.B. Van Hollen issues "open carry" memorandum
Under Article I, § 25 of the Wisconsin Constitution, a person has the right to openly carry a firearm for any of the purposes enumerated in that Section, subject to reasonable regulation as discussed herein. The Wisconsin Department of Justice (the Department) believes that
the mere open carrying of a firearm by a person, absent additional facts and circumstances, should not result in a disorderly conduct charge from a prosecutor.
See the entire memo here
Call to order
BOD Introduction
Presidents Report
Secretary’s Report
Treasure’s Report
Membership Report
Past / Future Events
Members Concerns
Adjourn