As most of you know, some bozo voided the warranty on his Lawn-Boy by attempting to repair it with a sawed-off shotgun at close range.
He's under arrest, and charged with possession of an illegal weapon. That's a felony.
But he hasn't been convicted yet (it should take a jury about 10 seconds to convict...) and yet, the cops siezed a number of other goods from his home, including a pistol, stun-gun, and some ammo.
Owen asks:
why did the police confiscate the handgun, handgun ammunition, and stun gun?
Yah. Why?
Wis. Stat. section 941.295 makes possession of an electric weapon a Class H felony.
ReplyDeleteSo that's why the stun gun.
I honestly don't know why they took the handgun and/or ammo. According to CCAP he's not a convicted felon or even been convicted of a crime (although anything pre-1998, CCAP is spotty).
And now I see he's charged with Possession of a Short-Barreled Shotgun and Disorderly Conduct. So I would think the handgun could/should be returned to him. unless he's convicted of a felony like, oh, Possession of a Short-barreled Shotgun, in which case he can't have any guns anymore.
Better to take it now than to expect him to surrender it after being convicted of a felony. And by his own statements he'll be convicted.
Sorry for rambling and thinking out loud. Not entirely awake yet (Saturday's my sleep-in day) :)
ReplyDeleteSo you're telling me that the Cop Shop can sieze property because it's CONVENIENT?
ReplyDeleteI'm sure that's why they do it, I'm not sure that's the proper way to do it.
ReplyDeleteHe could file a motion for return of property to remedy this. The handgun's not illegal until after he's convicted, and it's by definition not contraband (it's not presently illegal, and was not used in the course of the crime committed).
Besides the fact he's a drunk, lives with his mom at age 50+ and has some anger management issues? Hmm, good question. Can't see why the cops might consider disarming him a good thing. But alas, even these NRA posterboys have rights!
ReplyDeleteLet's take these "point" by point:
ReplyDelete"...he's a drunk"
Not relevant to the charge, nor to the Second Amendment and Wisconsin Constitutional Amendments adopting it;
"lives with his mom at age 50+"
Not relevant to the charge, nor to the Second Amendment and Wisconsin Constitutional Amendments adopting it;
"has some anger management issues?"
Not relevant to the charge, nor to the Second Amendment and Wisconsin Constitutional Amendments adopting it;
"Hmm, good question. Can't see why the cops might consider disarming him a good thing. But alas, even these NRA posterboys have rights!"
Why is he an "NRA posterboy"? I saw that on another site today. This guy has the same rights you do to possess a gun. As long as it is not a threat, or involved in the commission of a crime, the police had/have no right to continue to hold it after his arrest was secure.
Replace "handgun and ammo" with anything that is not otherwise illegal. Try "Puppy and puppy food" or "Obama button and refrigerator magnet." Wouldn't seizing those items be absurd, absent some indication they were used in the commission of a crime?
Ahhh, but those items aren't dangerous, right? Fine. Use "Rambo knife and handsaw" instead of "handgun and ammo." It's still nothing that the police need to make a case against him, and even those items are legal.
Prosq'...
ReplyDeleteAnony has more issues than does the lawnmower/shotgun guy.
At least the shotgun guy thinks in straight lines: mower no work? I shoot it!
Why are they doing any of this? Why are they going to try to give him prison time as opposed to some child molester? Why are they going after this sap instead of some thug who deserves it?
ReplyDeleteSimple.
They can catch him.
He's easy pickings. Way to go, you lazy arses.