Chairman's Blog

While truckers are savagely attacked in SE Wisconsin, Kenosha DA refuses to return gun

 

Several weeks ago, Wisconsin Carry Inc. achieve the dismissal of charges against Guy Smith, a military veteran, hard working, law-abiding truck driver from northern Wisconsin.

In spite of the charges against him being dropped, The Kenosha ADA Thomas Binger has refused to return both emails AND Guy Smiths firearm.

In the past couple weeks, multiple truckers have been savagely beaten at SE Wisconsin rest stops:

In the name of justice AND trucker's safety, the Kenosha ADA Thomas Binger should return Guy Smith's firearm immediately!  Guy Smith, like many truck drivers in Wisconsin, deserve the right to be able to protect themselves from this savagery.

We urge law-abiding gun owners of Wisconsin to email ADA Binger and tell him to honor the spirit of justice and the constitution and return Guy Smiths gun.

Thomas.Binger@da.wi.gov

It has always been legal to transport a firearm in a vehicle in Wisconsin if it was unloaded, and in a case.  In 2011, The Wisconsin Legislature changed the vehicle transport statute, 167.31, to allow guns to be transported without being in a case, and HANDGUNS could even be loaded.  (rifles can be transported without a case, but must be unloaded) There was no stipulation that this just applied to CCL holders.  It is legal for anyone legally allowed to possess a gun, to carry a loaded gun in their personal vehicle. (note: one must have a concealed carry license to be within school zones)  Unfortunately, some DA's still want to prosecute law-abiding citizens based on how the law USED to be.

https://docs.legis.wisconsin.gov/2015/statutes/statutes/167/31/2/b

While Guy Smith should never have been charged with a concealed carry violation, WCI was pleased to see the state dismiss the charges without a trial.

Unfortunately, as happens hundreds (perhaps thousands) of times a year in Wisconsin, citizens who either:

  • have charges dropped
  • are acquitted of charges against them
  • are never even charged (or accused) of a crime

In spite of their innocence, DA's and Police Departments refuse to return the firearms that were seized from law-abiding citizens.  In many cases, citizens are given the run-around by police departments, told their guns can't be located, told it would take "more money to get an attorney than the gun was worth", and other excuses.  Many are not even told about the "return of property petition" that can be filed. The Milwaukee Police Department's "gun desk" is NOTORIOUS for misleading citizens and giving them the run-around and forcing them to go to court to get a judge to order property returned.

Wisconsin Carry now has had to use more of our resources to file a "return of property petition", which is a lengthy process to seek a court order to return Guy Smith's firearm.