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Wauwatosa lawyer challenges state's gun silencer law
Milwaukee J-S ^ | 23 july 2012 | Bruce Vielmetti

Posted on 07/23/2012 5:31:43 AM PDT by rellimpank

In the movies, silencers afford guns that ominous "thwip, thwip" sound that makes spies and assassins so stealthy and efficient.

In real-life Wisconsin, however, possession of a silencer makes you a lawbreaker unless you're a police officer or soldier on duty, or have completed extensive federal paperwork to register the item.

But now a Wauwatosa lawyer charged with having a silencer has challenged the state's law against them as an unconstitutional infringement on the right to bear arms.

"Tens of thousands of Americans each year use suppressors for perfectly harmless activities," like target shooting and animal control, according to Thomas M. Barrett's motion to dismiss his pending felony charge.

The motion, filed by Barrett's attorney Allison Ritter, calls the silencer law "an unreasoned Act of the 1991 Wisconsin Legislature," hidden in the final pages of a 700-page budget bill.

Since then, the state has amended its constitution to recognize specifically the right to have guns for "security, defense, hunting, recreation or any other lawful purpose," the U.S. Supreme Court has ruled in favor of gun rights advocates in two major cases, and Wisconsin has adopted a concealed carry law.

(Excerpt) Read more at jsonline.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Wisconsin
KEYWORDS: banglist; rkba; supressors
--unfortunately, the lawyer involved isn't exactly a poster child for gun ownership---
1 posted on 07/23/2012 5:31:57 AM PDT by rellimpank
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To: afraidfortherepublic

—ping—


2 posted on 07/23/2012 5:33:26 AM PDT by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: rellimpank; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; ...

Wisconsin gun law ping

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


3 posted on 07/23/2012 5:35:57 AM PDT by afraidfortherepublic (ABO)
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To: afraidfortherepublic

We had a former customer who spent about 7 years in prison for violating this law. He left us holding the bag for some of his manufactured goods.


4 posted on 07/23/2012 5:38:55 AM PDT by afraidfortherepublic (ABO)
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To: rellimpank

I read the article, then read the comments,which were all negative. Interestingly, the comments had a sidebar of Milwaukee’s Most Wanted homocidal killers - all Hispanic.


5 posted on 07/23/2012 5:40:54 AM PDT by SatinDoll
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To: rellimpank

Re#4: When writing from jail (Oxford, I think) he said he’d never been happier. He had 3 meals a day and time to take guitar lessons. Go figure! I guess Wisconsin prisons are pretty cushy if you can avoid being Dahmerized.


6 posted on 07/23/2012 5:42:23 AM PDT by afraidfortherepublic (ABO)
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To: rellimpank

The law sounds fairly irrelevant to me given that there’s a federal ban already. Not like you can just run out and buy a silencer without the federal paperwork, and the law permits them if you have all that.

I do admit the guy might have a point about clarifying the definition of silencer since ambiguous laws are just traps.


7 posted on 07/23/2012 6:18:41 AM PDT by drbuzzard (All animals are created equal, but some are more equal than others.)
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To: rellimpank

I’ve never understood why silencers are banned.
They should actually be encouraged. Hunting season is noisy and the constant bark of weapons in the woods, spooks farm animals, pets and young children who may be a mile or more from the noise source.


8 posted on 07/23/2012 6:25:26 AM PDT by BuffaloJack (Repeal Obamacare, the CITIZENSHIP TAX)
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To: rellimpank

If a silencer makes it difficult for the gov’t to hear a tree falling in the forest, is a Constitutional law broken?


9 posted on 07/23/2012 6:43:18 AM PDT by Paladin2
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To: rellimpank

Texas Legalizes Hunting with Silencers

" Texas Parks and Wildlife Commission has voted unanimously to allow hunting with silencers in the Lone Star state."

10 posted on 07/23/2012 8:17:39 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: BuffaloJack
I’ve never understood why silencers are banned. They should actually be encouraged. Hunting season is noisy and the constant bark of weapons in the woods, spooks farm animals, pets and young children who may be a mile or more from the noise source.

In some parts of Europe I believe they are mandatory for hunting.

11 posted on 07/23/2012 8:22:50 AM PDT by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
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To: BuffaloJack

Most hunters do mot wear hearing protection in order to hear the animal they are hunting. This results in serious hearing loss and tinnitus. While “silencers” may or may not bring the sound level down to safe levels, they would be very beneficial to the hunter.


12 posted on 07/23/2012 9:06:06 AM PDT by Principle Over Politics (Obamney or Rombama 2012. Two sides of the same coin. Pick your poisen!)
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To: drbuzzard

As I understand it (and I could be wrong) the federal law allows people to own silencers if they make their own. According to a gunsmith I used to know, they’re pretty easy to make.

Anyone here have experience with that?


13 posted on 07/23/2012 11:53:29 AM PDT by Ellendra ("It's astounding how often people mistake their own stupidity for a lack of fairness." --Thunt)
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To: Ellendra
If they are legal in one's state, one can either make or buy a suppressor.

They are NFA "firearms," and, as such, the making and transfer of them is controlled by the NFA branch of ATF. Forms are submitted (Form 1 to make, Form 4 to transfer), and a $200 tax paid for each occurrence.

14 posted on 07/23/2012 12:07:47 PM PDT by Trailerpark Badass
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To: Ellendra

Never heard that you could make your own without federal licensing. I rather doubt it actually.

Did a cursory search and it appears that you need federal approval to manufacture them.
http://www.answerbag.com/q_view/2213954


15 posted on 07/23/2012 2:49:07 PM PDT by drbuzzard (All animals are created equal, but some are more equal than others.)
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