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Falls Man Charged With Carrying a BB Gun, Hollow Point Bullets in His Car

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Interceptor_Knight

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protias

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There is no statute against it as it is not a "firearm". I expect the 941.23 violation to be thrown out in court if he lawyers up. It can be argued that it is not a "dangerous weapon"...

The mention of rifle cartridges is a joke and irrelevant as obviously no Statute was violated there...

The only thing that would come to mind is a facsimile firearm, but that's stretching it as he wasn't carrying it.

Hollow point .22.

A BB gun in a bag.

He should sue the city for false arrest.

Agreed. The ammunition in the bag is a moot point anyway as it was never illegal to have it in the cabin of the vehicle.

WTF. I read the article and was thinking the MenomoneeFallsPatch was an offshoot of The Onion. They cannot be serious.

Obviously they are... :rolleyes:
 

oak1971

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First thing I see on this is the granting of permission to search--- absent a warrant!

That was a bad move, but people are conditioned to comply even when they have no duty to. Guy in blue, flashing lights, gun etc has that effect on the psyche.
 

Grant Guess

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the officer discovered the BB gun inside a drawstring bag behind the driver’s seat of the car.

Sorry, it's concealed inside a lawful case per the DNR laws.

This one is a joke and will get thrown out the instant that the DA reads the citation.
 

JJC

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Sorry, it's concealed inside a lawful case per the DNR laws.

This one is a joke and will get thrown out the instant that the DA reads the citation.

If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).

JJC
 

MilProGuy

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If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).

JJC

I knew there was more to this story than originally was reported.
 
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Grant Guess

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If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).

JJC

I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."
 

hermannr

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All I can say is "you have got to be kidding me!"

As has been said many times before. "My I search your car?" answer: "You have warrant? No? then No thanks."
 
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E6chevron

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I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."

The above is now out of date.

The definition of encased was changed by 11Act35:

167.31 Safe use and transportation of firearms and bows.

Prior to Nov. 1, 2011 the definition reads:

16.31(1)(b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

Nov. 1, 2011 and later the "expressly made..." is removed.

167.31(1)(b) "Encased" means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
 
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Shotgun

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If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).

JJC

I don't believe that's true. 167.31(1)(c) specifically says a weapon that "acts by force of gunpowder." That leaves any sort of "air rifle" out of coverage under the vehicle transport statute.
 
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