Skip to comments.'Open carry' and 'castle doctrine' at issue in gun owner's appeal
Posted on 05/27/2014 2:25:06 AM PDT by rellimpank
In a case that may continue to refine Wisconsin gun law, an appeals court panel on Tuesday is set to hear a Milwaukee man's claim for the return of his gun, which police say was used in a crime, though no one was convicted.
Judges may consider both the limits of so-called open carry and the court procedures by which hundreds of gun owners each year seek return of weapons confiscated under a variety of scenarios.
Briefs filed in the case explain the situation:
Aaron Ols, 37, was arrested on a charge of disorderly conduct while armed, but prosecutors amended the charge to a municipal ticket. Ols pleaded guilty, wrote an apology and took an anger management class.
But a judge refused to return Ols' gun. State law allows police to keep a gun even if the person was not convicted of a crime as long as they meet a lower civil court burden of showing the gun was used in a crime.
In March 2012, Ols went to a park across the street from his house near S. 16th St. and Edgerton Ave. and told a man who was there with his wife, two small children and dog that animals were not allowed in the park, and that they were there after the 8 p.m. closing time.
The man got belligerent. Ols used profanity. And Ols was openly carrying a gun in a holster on his hip, though he did not refer to it or touch it.
(Excerpt) Read more at jsonline.com ...
Armed civilian park boss out to enforce the law.
Keeping the fools gun may not be a bad idea. Hate to say it
Wisconsin court to hear gun confiscation case
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
BTW, thank you, Onyx, for the flag gif!
Maybe. I know of an exactly opposite situation. The man with the dog had the gun, and the police were called on him.