I need advice of a Progun lawyer in WI

[Gene_WI]

Hi

I am a long time lurker, and enjoy reading this forum immensely.

I ran into a tad of legal trouble (nothing criminal) at my local DNR range over the long weekend. The end result of which was a citation for possession of an uncased firearm in a motor vehicle. I would like to consult a lawyer prior to disputing the citation. I do not want to give any details prior to speaking with a lawyer. My policy with lawmen is shut up and lawyer up.
I know there are many members from WI on this board. Can anyone recommend a pro-gun lawyer in the Madison WI area that could provide me with legal council.

Thank You
-Gene

 

[StopTheGrays]

Everson & Richards Law Offices
Address: 104 S Main St # 302, Fond Du Lac, WI 54935
Phone: (920) 921-6144

Ask for Kirk Everson. He lives near Madison and he does not like the DNR much. He is also a very good lawyer. He maybe able to help. If not, he may be able to point you to someone who will.

 

[Gene_WI]

Thank you very much I will call today.

Perhaps after the court date I will write up my story. It was a very scary encounter the end result of which is that i will never visit the Yellowstone Lake State park Range again.

 

[Trip20]

Oh man. I hope you didn't get a citation for taking your firearm out of it's case while it was still laying in or on the vehicle. Or the reverse, casing your firearm while the open case is laying in or on your vehicle.

I was told you shouldn't even lean your rifle against the truck while you're getting the case out!

Hope all turns out OK. Keep us posted, and good luck, Gene.

 

[StopTheGrays]

The "R" in DNR stands for revenue.

Good luck.

 

[Gene_WI]

WI law

Trip20

The case is strange.

Here is what WI law states

167.31(2)
(2) Prohibitions; motorboats and vehicles; highways and roadways.
167.31(2)(a)pdf icon
(a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

Now we look at subsection 4 and find the following exception

167.31(4)(bt)4.\
4. The vehicle is being used to transport individuals involved in sport shooting activities at sport shooting ranges, as defined in s. 895.527 (1), and is not being used to transport individuals involved in hunting.


It seems that I did nothing wrong at all. I was at a shooting range, the car motor was not running.

I called the laweyer, suggested by Stop teh Gereys but he said it would be at least $1000. Way to much for a poor Grad student liek me to pay.

 

[Blackfork]

Gosh

It's like the folks who swore to protect and serve, and uphold the Bill of Rights and Constitution are at WAR with gun owners!

 

[El Tejon]

Old trick: issue bogus tickets to discourage use.

For you to stop using the range is what they are after. That way the government can close it as "no one uses it".

Good luck with that citation.

 

[BigFatKen]

Iron County

I was in the Iron County Court room in ~1995. It was pre-trial Tuesday. It was the year tickets went from $67 to $107 on Oct. 1. The guy in front of me got a ticket on Sep 30 for building a permenent blind on State land. Officer Susan Miller said under Oath that he did it.

The man told the Court that he had been hunting there since 1968, had been checked out by a dozen wardens, and had a copy of the plat which showed the duck blind was in the middle of a County owned 1/4 1/4 section of land.

The Judge recalled officer Miller and asked if this was true. She replied that one of the sticks of the blind was in the mud. When the Judge was mistified as why this was relevanent, officer Miller said "Its in the mud. The mud is wet from waves washing over it. That means that land in under the Ordinary High Water Mark (OHWM). All land under the OHWM belongs to the State and therefore part of his blind is located on State owned land.

Judge Madden told the man that "come back on trial day, and the Court will give the greatest possible weight to your evidence".

The Judge basically told him that he would get acquited. Man said it was not worth it to drive from Milwaukee to Hurley for $67 and paid the fine.

I could tell you dozens of officer Miller stories. She ended up traveling the woods with another armed man, who I assumed was basically a bodyguard.

 

[Trip20]

(b) Except as provided in sub. (4), no person may place, possess
or transport a firearm, bow or crossbow in or on a vehicle,
unless the firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.

Here is the wording for vehicles, not motorboats. Just wanted to clarify.

The exception in sub. (4) is interesting. I stumbled on to a number of case law situations where the 895.527 (1) referenced in sub. (4) is mentioned numerous times.

 

[Gene_WI]

Thank You trip20.

Can you point me to some of the case where 895.527 exception was used.

 

[NailGun]

Gene, Welcome! Sorry to hear about your legal trouble. I am a former WI resident. I too found that WI is a very firearm unfriendly state. Like El Tejon suggests, it seems that the WI government has declared a war of attrition against gun owners and sportsmen. My advise is to fight the citation, and bring your checkbook. When you graduate, take your education and move out here to South Dakota. We like smart gun owner types out here. Drive West and don't look back! Worked for me NailGun

 

[Monkeyleg]

The NRA has three attorneys it recommends for gun cases.

One is Jon Wilcox, the second is Paul Pederson, and the third is Steve Gibbs. Wilcox and Pederson are close to Milwaukee. Steve Gibbs is in the Eau Claire area.

If you'd like the phone number for any one of them, PM me.

 

[Gene_WI]

NailGun

I hear you, the woman and I thinking of Montana. But that is in a couple of years.

 

[Trip20]

Gene, I apologize if I was unclear. I didn't mean to imply that I found cases where the 895.527 exception was used to clear anyone. Examples may very well exist.

While at work I didn't have time to read the cases thoroughly. I only mentioned the exception being noted in a few cases as a heads up to you. I used http://www.google.com and found a number of cases right off the bat. Read them and see if you can come up with anything.

Later this even if time permits I'll do some digging. In the mean time, I suggest doing as Monkeyleg advises, in addition to your own research.

PS -- I'm no lawyer, just a layman.