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Wisconsin gun law terminology: Terms you should know
In the state of Wisconsin, if you're a gun owner, it's important that you understand the legal distinction between various terms, like "carry" and "possession," for example. Understanding the meaning of these and other gun law terminology is important for deciding whether a particular defendant has broken Wisconsin gun laws.
Here are some important terms you should know:
Carry: The terms "carry" and "carrying" in the context of firearms in Wisconsin means "to go armed with," which -- in turn -- means that the firearm is on the person's body, being carried by the person or within his or her reach. It also means that the person is aware that the firearm is there.
Possession: In many cases, courts generally will not deem that a person is "carrying" a firearm if it is unloaded and encased. In these situations, the person is usually in "possession" of the firearm. The term "possession" describes someone who has a firearm -- and it could be on his or her person -- but the person is not "going armed with" the weapon.
Wisconsin gun laws: Machine gun regulations
Wisconsin residents need to know their gun laws if they want to avoid unintentionally getting into trouble. One area of the law that could be subject to changes from year to year relates to machine guns, which are currently considered illegal in the state. Gun owners should review the following rules and regulations pertaining to machine guns to ensure that they don't get into trouble with state and local law enforcement regarding the firearms they possess and carry.
It is unlawful to transport, possess or sell a machine gun or fully automatic weapon unless these actions are performed in strict alignment with applicable gun laws. The term "machine gun" in this context relates to any firearm that can automatically shoot -- or automatically be rearmed to shoot -- over one shot at a time without the need to manually reload, simply by pulling the trigger of the weapon.
Wisconsin man accused of meth crimes in Sawyer County
A 38-year-old man from Minneapolis has been arrested and accused of selling methamphetamine throughout Sawyer County. The arrest came as a part of a joint investigation by the Sawyer County Sheriff's Department and other law enforcement agencies.
The arrest of the man happened on a recent Friday evening in Radisson after authorities carried out a traffic stop. The sheriff's department alleges that they found the man to be in possession of 86.8 grams of meth, $500 in cash and a digital scale. Authorities say that they found all of these items in the man's vehicle. Authorities also arrested a 28-year-old woman who was riding in the vehicle with the man at the time of the traffic stop.
This recent arrest and investigation came in the wake of a previous arrest of the same man in September. According to police, they allegedly found the man in possession of drug paraphernalia in the previous incident and decided to conduct a deeper investigation. Later, police learned that the man was going to return to Sawyer County with methamphetamine, so they prepared to intercept the suspect, which led to the arrest.
Wisconsin ranks number 37 among the state on DUI strictness
At least two changes occurred earlier this year making Wisconsin stricter in how it deals with drunk-drivers. One of the changes was a new law that removed the right of first time drunk-drivers to refuse providing a blood sample to law enforcement. The new law, which went into effect back in March, allows officers to request a warrant for a blood sample. Then a second law went into effect in April which made a fourth drunk-driving offense automatically a felony. Previously, such offenses were misdemeanors in most cases.
These changes are both part of the landscape of Wisconsin’s drunk-driving policy. In our last post, we began looking at a recent analysis conducted by the website WalletHub which ranked the states according to their strictness in addressing drunk-driving. As we noted, the state of Wisconsin ranked at number 37, meaning that the state is closer to the lenient side in its DUI policies. As the above changes in law demonstrate, though, it is becoming stricter.
The WalletHub analysis highlighted a number of points concerning Wisconsin’s drunken driving policy and landscape:
Woman accused of abusing her power of attorney privileges
A Wisconsin woman has been charged with six felony-level crimes relating to her duties as a man's power of attorney. Officials allege that she failed to pay a man's health care bills and instead, she used the money for her personal expenses.
The 59-year-old woman allegedly abused her power of attorney privileges to steal money from the man she was caring for. Police in New Glarus first received news of the alleged theft in August 2016. Green County Human Services notified them that the woman was allegedly stealing.
Prosecutors say that the woman was paying her utility bills and mortgage payments with the man's money instead of paying his health care bills. Prosecutors also say that she was purchasing personal items that didn't have anything to do with the services she provided to care for the man.
Police arrested the woman last Monday. She is facing three charges of theft in a business setting and three charges of identity theft. All are felony charges that could land her in jail if she is convicted.
Woman accused of drunk driving after crashing into a tent
Police have arrested and accused a woman of drunk driving after she drove into a tent full of people. The collision resulted in seven people inside the tent suffering injuries. The tent was located at a campground in River of Lakes in Grant County, where the accident happened late on a recent Saturday night.
The Grant County Sheriff's Office alleges that the 32-year-old woman who crashed into the tent was inebriated when the accident happened at approximately 10 p.m. Allegedly, she lost control of her sport utility vehicle while trying to maneuver a left-hand turn along campground road while driving through the camping area. Police say that the woman drove into the tent, and then backed over the tent another time.
Four of the injured people inside the tent were taken to Crossing River Hospital in Prairie Du Chien. Three were taken to Grant Regional Hospital in Lancaster. The extent of the injuries are unknown. Fortunately, as of last reports, all of the victims survived.
Work with an experienced attorney to scrutinize law enforcement investigations, P.1
Combating drug trafficking and related crimes is a high priority for law enforcement officials at both the state and the federal level, and government spends significant resources every year to target drug offenders. Law enforcement officials are particularly keen to target operations that serve as hubs in the drug market, such as the Milwaukee-based group known as “Bless Team”.
The group, according to law enforcement has been connected to 22 drug overdoses and is suspected of daily involvement in criminal activity in the city of Milwaukee. A number of members of the group, whose videos can be watched on YouTube, have already been convicted of drug-related crimes, and more cases are in the works. These cases are possible in large part because of focused efforts to target the group.
Wisconsin’s High Intensity Drug Trafficking Areas (HIDTA), which consists of 12 area police agencies, has put a particular focus on fighting the Bless Team, using a variety of tools to halt their activity. These tools include surveillance of the mobile houses vehicles with tinted windows used by the group, as well as informants who can provide details about the group’s operations.
Work with an experienced attorney to scrutinize law enforcement investigations, P.2
Previously, we commented on the importance of criminal defendants working with an experienced attorney to carefully scrutinize the actions of law enforcement officers and agents to protect their constitutional rights and to build a strong criminal defense case. The way in which law enforcement carries out its duties can and does come into play in criminal defense work, and criminal defendants deserve to know how to take advantage of the protections built into the process.
One of the tactics commonly used in law enforcement is sting operations, which come in different forms, including setting up fake businesses to catch criminals in the act. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has, in the past, heavily used this strategy in the form of undercover storefront operations. As a recent article noted, though, the use of fake storefront operations in law enforcement has been, and continues to be, problematic.
Work with experienced attorney to take advantage of treatment options in criminal process
Previously, we began looking at the problem of increased opioid abuse across the country and here in Wisconsin. Along with the surge in prescription drug abuse, one of the positive developments has been that lawmakers have taken an approach to the problem which is not merely punitive, but aimed at addressing the addiction itself.
For instance, Rep. John Nygren of Marinette was successful in passing measures back in 2014 which address the problem with education, increased access to a drug which counteracts the effects of heroin overdose, immunity for those who report suspected heroin overdose or transport an overdose patient to the hospital, and allowing municipalities to hold prescription drug collection drives and require identification to obtain prescription narcotics.
Other creative solutions to the problem are coming from the federal government. One example is the Madison Police Department’s participation in a federal grant program which involves “smart policing” in dealing with drug users. Under the pilot program, known as the Madison Addiction Recovery Initiative, nonviolent drug offenders are given the option to receive treatment instead of going through the criminal process.
Would self-driving cars solve the prevalence of drunk driving?
It's only natural for people to go out to bars, restaurants and parties and needing to get home when the night is done. However, if they've been consuming alcohol, they might be too drunk to drive and not even realize it. Taking to the roads while drunk is unlawful, dangerous and sometimes difficult for drivers to avoid when they're not thinking clearly.
Self-driving cars, however, would eliminate the human element that's to blame for this behavior. The other benefit of self-driving cars is the fact that they would reduce the need for police to go out patrolling for operating while intoxicated (OWI) drivers, and they would eliminate the many harsh consequences of a drunk driving conviction, which include:
- Losing your license and needing to pay large fines.
- The risk of imprisonment and jail time.
- The risk of being charged with negligent homicide or OWI causing injury.
- The loss of one's license for a year and having one's vehicle impounded for refusing to take a breath alcohol concentration (BAC) Breathalyzer test.
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