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Biker scares away robbers with gun, legal question remains

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Postby Guest » Thu May 07, 2009 11:15 am

By Marci Laehr Tenuta
Tuesday, May 5, 2009 9:08 PM CDT

RACINE — Four teens knocked a 42-year-old Racine man from his bike Friday night. He thought they were going to rob him.

The man pulled a Smith and Wesson revolver from his side holster, pointed it at the sky and yelled, “Gun!”

The four suspects ran, and the man flagged down a Racine police officer.

The incident will perhaps mark the first time a new opinion allowing open carry of firearms is put to the test here, as it conflicts with another state statute that makes it illegal to possess a gun within 1,000 feet of a school, if not on private property.

The Racine man involved, who asked not to be named and declined to comment on the alleged robbery attempt when contacted by The Journal Times, was assaulted in the 1100 block of Grand Avenue, which is within 1,000 feet of Walden School, 1012 Center St.

Police did not arrest the man. After he was treated for head and wrist injuries at the scene by Racine rescue, officers escorted the man home and returned his gun to him.

But that doesn’t mean charges won’t be filed against the man, and police are questioning how such situations should be handled in the future.

“It’s difficult with the way the laws are written to carry (a gun) and not get into trouble,” said police spokesman Lt. Jim Dobbs.

He said the new open carry ruling will probably prompt more and more people to wear firearms, but in many places in the city, even stepping off their front porch would mean they are breaking the law.

“People will break the law inadvertently,” Dobbs said. “We want clarification from the state on what we should be doing.”

Last month, Attorney General J.B. Van Hollen sent out a memo saying openly wearing a holstered gun is not illegal. While Wisconsin law states a person cannot legally carry a concealed weapon, it does not address carrying a firearm in plain sight.

The opinion has created many questions, now including the apparent conflict between the existing statute over possessing a firearm near a school. ... 429120.txt

Postby Tairaa » Thu May 07, 2009 5:53 pm

Yeah, what he shoulda done was let them beat him to death like some guy I read about in the paper today who was beaten to death by a group of teenagers.

WTF is wrong with people man? He didn't shoot them, hell he didn't even fire a round. HELL! He didn't even POINT it at them! WTF is the problem? He defended himself without injuring anyone, that they are considering charging this man is simply preposterous! :roll:

Is there no one with some common sense? None of the people who wrote these laws have ever been involved in such a conflict obviously, because no one that has ever been attacked by multiple people would EVER condemn someone for this guys actions.
"George Bush says he speaks to god every day, and christians love him for it. If George Bush said he spoke to god through his hair dryer, they would think he was mad. I fail to see how the addition of a hair dryer makes it any more absurd."
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Postby Nesaie » Thu May 07, 2009 7:52 pm

Get rid of the law against being in a school area with a gun. It will make schools much safer. What a simple solution. It takes government to really complicate things.
Such a society would be dominated by an elite, unrestrained by traditional values. Soon it will be possible to assert almost continuous surveillance over every citizen... - Zbigniew Brezhinsky
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