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bossy22 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:15 PM
Original message
interesting WI situation
http://wcco.com/wisconsinwire/22.0.html?type=local&state=WI&category=n&filename=WI--CarryingWeapons.xml

"Van Hollen (the AG), a Republican, issued a memo Monday explaining how disorderly conduct overlaps with the constitutional right to bear arms. Van Hollen concluded citizens have a constitutional right to openly carry firearms, and disorderly conduct charges depend on the circumstances."

"State Rep. Leon Young, D-Milwaukee, a former police officer, said he was shocked by Van Hollen's memo. He said he planned to look into drafting legislation to ban open carry."

ummmm....i thought you would need a constitutional amendment to do that?
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:22 PM
Response to Original message
1. Not to regulate.
thats done all over.
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bossy22 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:34 PM
Response to Reply #1
4. well you do
Edited on Tue Apr-21-09 11:35 PM by bossy22
if your constitution protects the bearing of arms

and that there whole basis for regulating Concealed carry is that it doesnt infringe on the right to bear arms because they allow open carry
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 12:28 AM
Response to Reply #4
13. The Constitution protects the right to bear arms,
but the Supreme Court has not stated that means that jurisdictions may not regulate such, as to where and under what circumstances. The Court has only found that DC's approach was not appropriate. In Heller, Mr. Justice Scalia wrote:

'The Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.'



And furthermore, in a more recent case, 'Ruling for Hayes, the appeals court said this "generic battery" conviction did not count as a "misdemeanor crime of domestic violence," and it freed him from the federal charges.

The Supreme Court overturned that ruling Tuesday in United States vs. Hayes and restored the broad view of the federal law. Ginsburg's opinion said the ban on gun ownership extends to any person who has been convicted of any crime involving "physical force or the threatened use of a deadly weapon," so long as there was a "domestic relationship" between the perpetrator and the victim.'

http://www.reason.com/blog/show/131885.html

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bossy22 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 12:34 AM
Response to Reply #13
14. i was talking about the WI
constitution
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rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:25 PM
Response to Original message
2. If you are an idiot threatening people you go to jail.
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corruptmewithpower Donating Member (411 posts) Send PM | Profile | Ignore Tue Apr-21-09 11:31 PM
Response to Original message
3. That hostile control freak SOB belongs in a cage!
"if you see anybody carrying a gun on the streets of Milwaukee, we'll put them on the ground, take the gun away and then decide whether you have a right to carry it,'' Flynn said"
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rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:57 PM
Response to Reply #3
8. We have to choose our protectors carefully.
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rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:43 PM
Response to Original message
5. You gun people get hopin mad fast. How rich are you?
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bossy22 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 12:09 AM
Response to Reply #5
10. ?????
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Tejas Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 05:36 AM
Response to Reply #5
15. Even the poorest are protected by the Bill of Rights nt
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:46 PM
Response to Original message
6. And they keep telling us this is a conservative position?
'My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we'll put them on the ground, take the gun away and then decide whether you have a right to carry it,'' Flynn said. ''Maybe I'll end up with a protest of cowboys. In the meantime, I've got serious offenders with access to handguns. It's irresponsible to send a message to them that if they just carry it openly no one can bother them.''

Maybe he'll end up impoverished and in jail after being convicted of violating the civil rights of the citizens. And someone needs to tell this shithead that those aren't troops, they're policemen and both they and he have to operate under the US Constitution because they are in the United States.
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-21-09 11:50 PM
Response to Original message
7. Sometimes teenagers know just what to say.
''Police will be quick to ask you, 'Why do you have a gun with you? Is somebody stalking you?' Those are going to be fair inquiries,'' he said. ''We'd be particularly concerned if someone was openly possessing a gun in the context of an ongoing dispute or feud.''

Proper answer: Because I can.

Very similar to the answer you give when asked why police why you are refusing a search- Because I can.
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rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 12:06 AM
Response to Original message
9. I hope my kids never have to deal with gun nuts.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 12:24 AM
Response to Reply #9
11. Have you considered sending them to Australia?
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Iktomiwicasa Donating Member (942 posts) Send PM | Profile | Ignore Wed Apr-22-09 12:25 AM
Response to Reply #9
12. Teach your kid
the proper and responsible use of a firearm, instead of the "guns are evil" mantra.
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-22-09 08:23 AM
Response to Original message
16. Guilty until proven innocent?
"we're not going to start with the assumption that someone displaying a handgun is doing it lawfully."

bad juju, no cookie.
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