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Man carrying loaded guns around school arrested
WQOW Eau Claire ^ | Jul 24, 2013

Posted on 07/25/2013 8:52:46 AM PDT by Sopater

Somerset (WQOW) - A man carrying two loaded guns was arrested near a western Wisconsin school Tuesday.

Crossing guards near the Somerset Middle School called police around noon. Officers found a 23-year-old man with an AR-15-style rifle slung across his back and a pistol in a holster on his hip. Police said both guns had high-capacity magazines and were loaded. Officers also said there were kids in the building at the time.

It's illegal to have guns within 1,000 feet of a school unless someone falls under certain exceptions, but police say the man refused to identify himself or state his intentions, saying only he was within his rights.

Police say because he wouldn't talk, they were unable to determine if he fell under one of the exceptions. He was then arrested for obstructing an officer and disorderly conduct. It will now be up to the district attorney whether charges are filed.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Wisconsin
KEYWORDS: 2a; banglist; guns; opencarry
Seems to me like he was begging to get arrested. I wonder what his "next move" is going to be.

Jail time and a heavy fine?

1 posted on 07/25/2013 8:52:46 AM PDT by Sopater
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To: Sopater

Betcha it was one of those places that you cannot see or even tell if there is a school around. The 1,000 feet is line of sight or as the eagle flies and can beright beyond a wall or big building. I drive some roads with 15 mph limits when school is in session and I’ve never seen the school.


2 posted on 07/25/2013 8:55:38 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: Sopater

Perhaps someone with a medical degree will look inside this idiot’s head.


3 posted on 07/25/2013 8:56:18 AM PDT by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: George from New England

Zowee! The dreaded and highly lethal “high-capacity magazines”. Dumbass stunt of the week. Maybe he is mentally deficient thus rendering him a disallowed person henceforth for firearms possession. As adjudicated by a panel of “mental health expurts”.


4 posted on 07/25/2013 8:58:46 AM PDT by rktman (Inergalactic background checks? King hussein you're first up.)
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To: Sopater
Gun-free School Zone law is obviously unconstitutional.

But you all already know that.

He probably wanted to be arrested ... hope he has his lawyers already lined up. Also hope he doesn't have dope at home.

5 posted on 07/25/2013 9:01:58 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Sopater
It's illegal to have guns within 1,000 feet of a school...

Do we have a cite for this law?

6 posted on 07/25/2013 9:03:43 AM PDT by Dead Corpse (I will not comply.)
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To: ArrogantBustard
Also hope he doesn't have dope at home.

If he doesn't, he will be the time the cops are done "searching" his home.

7 posted on 07/25/2013 9:04:36 AM PDT by Dead Corpse (I will not comply.)
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To: Sopater

Yes 1000 ft from the property line of a school is a gigantic area taking in whole neighborhoods. But since the crossing guard turned him in he was probably somewhere a logical person would call “near the school”. BTW be sure to NEVER research how far 1000ft from a school is. The law says “knowingly” so you have to know you are within a fifth of a mile from a school to break it.

If this guy is trying to prove some point about gun rights, he’s not helping.

I like how “obstructing an officer and disorderly conduct” has come to mean not being properly deferential to your masters.


8 posted on 07/25/2013 9:05:28 AM PDT by thorvaldr
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To: Sopater

What does “near a school” mean? Was he acting legitimately and going somewhere legitimate and passed within 1000 feet of a school?
Anything that leads one to think he had bad intentions?
Refusing to cooperate with the police in a situation like that is stupid and asking for trouble.


9 posted on 07/25/2013 9:09:17 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: Dead Corpse

It’s a federal law. And yes the supreme court repealed it, but then congress basically said “oh, yes we can”, slightly rewrote it and passed it again.


10 posted on 07/25/2013 9:10:42 AM PDT by thorvaldr
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To: thorvaldr

One of the first things I learned as a youngster is, always be polite to the police, regardless of provocations. You can argue a speeding ticket in court, or you can politely differ with the officer about how fast you were going. But don’t provoke them. It’s not as if you encounter one that often. And sometimes if you’re polite, they’ll let you off or give you a smaller fine.


11 posted on 07/25/2013 9:12:38 AM PDT by Cicero (Marcus Tullius)
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To: Dead Corpse

Lot’s of states also have their own law about this CA does, not sure if WI does.


12 posted on 07/25/2013 9:13:34 AM PDT by thorvaldr
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To: thorvaldr
It’s a federal law.

If memory serves, the fed law also states something to the effect "unless authorized iaw state law..."

13 posted on 07/25/2013 9:17:19 AM PDT by sonofagun (Some think my cynicism grows with age. I like to think of it as wisdom!)
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To: Dead Corpse

I’m not buying this. Too contrived.


14 posted on 07/25/2013 9:17:55 AM PDT by glyptol
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To: Sopater

Is school in session now? If not what are the crossing uards doing there?

Sounds like the guy is trying to get arrested.


15 posted on 07/25/2013 9:18:14 AM PDT by CJ Wolf
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To: Sopater

I wonder how many students are in school today? Zero, probably.


16 posted on 07/25/2013 9:22:51 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Sopater

This sounds stupid enough to be a democrat posing as a trouble-maker to get ‘assault rifles’ back in the news


17 posted on 07/25/2013 9:24:01 AM PDT by Mr. K (4 election)
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To: Cicero

“always be polite to the police”

I’m generally polite to everyone. I learned all that verbal judo stuff when I was a Deputy Sheriff (WOOSHA) but that’s not my point.

Actually, in this case, this guy was committing a crime and they probably will look up what to put on their forms and charge him with that too.

But, you see too many cases, like that kid the the puppy and that kid with the NRA T shirt, where people get charged with “obstructing and officer” entirely for being annoying, without having committed an underlying crime. To me that feels too much like keeping the peasants in their place.


18 posted on 07/25/2013 9:31:17 AM PDT by thorvaldr
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To: Sopater

I know plenty of schools within residential districts. Does this 1000ft “law” apply to the homedwellers?


19 posted on 07/25/2013 9:32:25 AM PDT by edpc (Wilby 2016)
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To: thorvaldr

I thought the Senate tried and the House shot it down?


20 posted on 07/25/2013 9:33:42 AM PDT by Dead Corpse (I will not comply.)
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To: thorvaldr

UnConstitutional infringement of RKBA.

/story


21 posted on 07/25/2013 9:34:19 AM PDT by Dead Corpse (I will not comply.)
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To: glyptol

Hoping he has his ducks lined up legally speaking.

As it was presented in the article, I’m not seeing a real crime committed here.


22 posted on 07/25/2013 9:35:16 AM PDT by Dead Corpse (I will not comply.)
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To: edpc
Does this 1000ft “law” apply to the homedwellers?

No, not in Wisconsin while in your home or on your property.
23 posted on 07/25/2013 9:36:19 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: Sopater

Good. That would be absurd. I know the passage said “certain exceptions” and I figured that would be one. Thanks for clarifying.


24 posted on 07/25/2013 9:40:44 AM PDT by edpc (Wilby 2016)
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To: Sopater

“It’s illegal to have guns within 1,000 feet of a school unless someone falls under certain exceptions, but police say the man refused to identify himself or state his intentions, saying only he was within his rights.”

D’oh! If you are going to exercise your carry rights, you need to know about any legal exceptions, like this school zone thing. You also need to know whether, in your state, you are legally compelled to present ID or answer some questions from law enforcement.


25 posted on 07/25/2013 9:55:06 AM PDT by Boogieman
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To: Dead Corpse

It is a forfeiture for a person to knowingly possess a firearm (concealed or otherwise) at a place that the person knows or has reasonable cause to believe is within 1,000 feet of the grounds of a school. Wis. Stat. § 948.605(2)(a).


26 posted on 07/25/2013 10:02:38 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: Sopater

RKBA > Wisconsin Statute.

/thread


27 posted on 07/25/2013 10:04:49 AM PDT by Dead Corpse (I will not comply.)
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To: edpc

Exceptions to 1000 ft. rule:

- On private property that is not part of school grounds. Wis. Stat. § 948.605(2)(b)1m and 18 USC 922(q)(2)(B)(i).

- A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. Wis. Stat. § 948.605(2)(b)1r.


28 posted on 07/25/2013 10:07:27 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: Dead Corpse; All

A young man was carrying a legal rifle legally in Wisconsin a few years ago. The police arrested him after someone in the department did a search and found that he was (by one measurement) within a thousand feet of a school.

The young man spent (as I recall) 30 days in jail before a judge through out the charges.

I thought he might have a case for abuse of civil rights, but this was before Wisconsin passed its shall issue law and strengthened its protections for open carry.

Several Wisconsin agencies have paid out settlements over the years.


29 posted on 07/25/2013 10:11:52 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Boogieman
D’oh! If you are going to exercise your carry rights, you need to know about any legal exceptions, like this school zone thing.

This law definitely came up in the CC class I took here in WI so this guy should have known better.

30 posted on 07/25/2013 10:15:54 AM PDT by Mopp4
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To: Sopater
...police say the man refused to identify himself or state his intentions, saying only he was within his rights.

Check the photo surveillance records of the nearby mosques.

31 posted on 07/25/2013 10:16:39 AM PDT by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: JimRed; All


Photo of the alleged perp, Mark J. Hoffman.

From here: http://minnesota.cbslocal.com/2013/07/24/police-man-openly-carrying-guns-arrested-near-wis-school/
32 posted on 07/25/2013 10:21:33 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: Sopater

So, if you Conceal Carry and you drive past a School you can be arrested?

Is there some sort of Navigation System that can give you an alternate route around all the Schools to get to your destination?


33 posted on 07/25/2013 10:29:21 AM PDT by Kickass Conservative (They can follow the Communist, I'll follow the Constitution...)
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To: Kickass Conservative
So, if you Conceal Carry and you drive past a School you can be arrested?

No, not if you're a permit holder.

See Post# 28
34 posted on 07/25/2013 10:33:23 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: thorvaldr

Oh, I agree. Police at a traffic stop, which is about the only encounters I’ve had with them, can be rude and snotty. The worst are the women state policewomen, in my experience. It’s very annoying.

But people have to learn not to get angry back. If it gets serious, get a lawyer or whatever is called for, but whatever you do, never answer back to a cop. Always be polite, no matter how rude and stupid the cop is. It’s a matter of self-protection, as well as a duty to be polite to people.


35 posted on 07/25/2013 10:35:25 AM PDT by Cicero (Marcus Tullius)
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To: Cicero
Police at a traffic stop, which is about the only encounters I’ve had with them, can be rude and snotty.

The others are snotty and rude.

36 posted on 07/25/2013 10:36:07 AM PDT by dfwgator
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To: Cicero

“The worst are the women state policewomen, in my experience.”

If they are a “minority”, their attitude can be even worse. They have several things to prove to da white man. I heard one say, “You have to respect me”. I respect them alright, just as I respect a rattlesnake.


37 posted on 07/25/2013 11:04:09 AM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: TexasRepublic
I respect them alright, just as I respect a rattlesnake.

Good way to put it. Why ask for trouble? Those guys are only too ready to give it to you.

38 posted on 07/25/2013 12:10:48 PM PDT by Cicero (Marcus Tullius)
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To: thorvaldr; All

“Actually, in this case, this guy was committing a crime and they probably will look up what to put on their forms and charge him with that too.”

Almost certainly not, or they would have charged him with the crime.

There have been several cases in Wisconsin where the police overstepped their bounds, almost exactly like this, and settled out of court. The difference in this case is the proximity to the school, which will turn out to be no difference because he was almost certainly one of the named exceptions.


39 posted on 07/25/2013 12:40:28 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Kickass Conservative

Nope. But the area surrounding Act 35 and long guns is a gray area as there is no case law to determine whether or not 939.52(3)(b) applies to one or both.


40 posted on 12/11/2013 10:10:19 AM PST by nathanpieters
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