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Want to Keep Your Conceal Carry License? Don't Do This

If convicted, this Mount Pleasant man may learn the hard way that drinking, driving and packing heat don't mix.

 

A man suspected of drunken driving was also arrested for having a gun in his car at 2:47 a.m. Monday on Douglas Avenue at Four Mile Road.

The 22-year-old Mount Pleasant man, in addition to being arrested for having a gun while intoxicated, was arrested for drunken driving (1st offense), having a prohibited blood-alcohol concentration and speeding. Formal charges have not been submitted to the Racine County District Attorney's office.

The man had a conceal carry license, but it does not allow someone who is intoxicated to carry a weapon. A person could lose their conceal carry license if they are found guilty of violating that law, said Lt. Gary Larsen.

"We're starting to see more of these gun-related calls," Larsen said. "Is it a lot? I don't know, but I know it's more."

According to a report by the Caledonia Police Department, a police officer stopped the man on a traffic stop going 63 mph in a 35 mph zone. The man handed the officer his CCW license and pointed to a holstered handgun on the passenger seat.

The man offered to give the officer the gun, but the officer told him not to touch it. The officer noted that he was cooperative and had admitted to speeding. But the man smelled of beer and when the officer saw a 12-pack of Miller Lite on the passenger floor, he told him he had “a few” beers as he slurred his words. After his arrest, police searched his car and found the bottles were still cold.

The man's blood-alcohol level was .08, which is the level at which it is illegal to drive.

Related Topics: Caledonia Police Department, Concealed Carry Law, and concealed carry

geo szat

5:20 pm on Tuesday, September 4, 2012

Conceal carry is clear.... no...repeat...no alcohol.....

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Less Tolerant

8:01 pm on Tuesday, September 4, 2012

"We're starting to see more of these gun-related calls," Larsen said. "Is it a lot? I don't know, but I know it's more." - What the heck? How was this a call and how was it gun related? It clearly states the guy was stopped for SPEEDING, a TRAFFIC STOP!

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Denise Lockwood

8:13 pm on Tuesday, September 4, 2012

@less tolerant -- A gun-related call doesn't necessarily mean the call was initially called in as gun-related. It means that guns were involved somehow in the report.

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Tim

9:04 pm on Tuesday, September 4, 2012

How was this a gun-related call? So you label it a gun-related call when it was really a SPEEDING violation, THEN driving while intoxicated, and FINALLY the guy let the cop know about the gun, that was NOT concealed, but was in a HOLSTER? And you wonder why people think the media is biased?

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Heather Asiyanbi

9:34 pm on Tuesday, September 4, 2012

@Tim - Denise isn't being biased by getting comment from a Lt with the PD. She's asking for a professional to talk about calls that also end up involving guns, legal or not. And she didn't label this a gun-related call as clearly indicated in the headline which says if folks want to keep their CCW, they shouldn't drink and have their weapon on hand.

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Denise Lockwood

9:26 pm on Tuesday, September 4, 2012

I'm not labeling it gun-related, the Lt. and the DAs office did when they arrested and charged the guy. I'm the messenger my friend, I"m not judging it. I didn't write the law that says -- irregardless of whether you are licensed to carry, you shouldn't be having one when you've been drinking. Actually, if you'll look at all of the stories I've written on the conceal carry law, you'll notice that a number of people have visited this site specifically because I'm not biased.

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Denise Lockwood

8:26 am on Wednesday, September 5, 2012

OK you guys I get it... irregardless... ;) lesson learned.

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Denise Lockwood

8:32 am on Wednesday, September 5, 2012

What spin is that? I'm game follow-up...

Jimmy K

10:03 pm on Tuesday, September 4, 2012

Sounds like a traffic stop that is made every night somewhere in Southeastern WI but then GUN was thrown in the story and turned into a gun story, when really the gun had nothing to do with the actions or the outcome of the stop. And seems that although the driver did the wrong thing driving after drinking, and by speeding but did the correct thing with the gun.

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Heather Asiyanbi

10:18 pm on Tuesday, September 4, 2012

@Jimmy - he didn't do entirely right with the gun because while he had legal possession of the gun, he was also intoxicated, and that's where he went wrong.

Still not a gun story, though, just a notation in the story about people with guns becoming more prevalent.

Harrold Nutczak

12:57 am on Wednesday, September 5, 2012

When I see the word "irregardless" used by the author while trying to defend her story, I guess nothing more really needs to be argued.

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Rob Dodd

1:22 am on Wednesday, September 5, 2012

How can you not not not take that serious? Irregardlessnessly of your views and whatnot?

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MKEgal

6:41 am on Wednesday, September 5, 2012

Having a gun while intoxicated is _not_ a reason to lose a cc license. I ask the officer to show us which statute supports his assertion... but we'll be waiting a long time, because there isn't any & the legislature isn't in session.
DUI is a misdemeanor. Carrying under the influence is a misdemeanor.
What should be pointed out in articles like this is that if he's convicted the gun will be kept by the police & destroyed. That's a lot more expensive than a cc license. (Though since the car was also used in the DUI, it should be seized & destroyed too, along with everything else in it. No? The law says that property used in a crime is seized & destroyed. Happens to guns even if they weren't directly used in a crime, just present.)

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Gary Nelson

8:11 am on Saturday, September 8, 2012

Don't know about Wisconsin but I have a FL and UT CCW and DUI will cause the loss of said permits. He did the correct thing handing over the permit ant pointing out the gut but even he knew he was f'ed. Drink and drive dumb drink drive with a CCW Really Really STUPID!

Jimmy K

6:50 am on Wednesday, September 5, 2012

Just seems the story has that common spin

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Denise Lockwood

8:36 am on Wednesday, September 5, 2012

But you really should check out my other coverage...

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Rob Dodd

10:31 am on Wednesday, September 5, 2012

Denise wasn't biased or judgmental in her story. The cop is being quoted on any opinion statements, even the part about losing the gun to DUI is a cop quote. This cop just wants guns out of citizens hands. Some are like that. They don't realize they get to the scene after a person has been killed, not in time to save them.

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hammerheadfl

5:57 am on Thursday, September 6, 2012

If you have any questions regarding the CWP law or training contact www.e2c.us or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.

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B Money

11:23 am on Thursday, September 6, 2012

I dont see a distinct bias in this story. But I DO see evidence of stupidity on the part of the Officer to not know the law.

"It is a class A misdemeanor (9 months jail and/or $10,000 fine) for any person, whether or not they are a licensee, to go armed with a firearm while under the influence of an intoxicant. Wis. Stat. § 941.20(1)(b)."

It says nothing about revoking his permit. Only Felons cannot posses a weapon. So this guy might lose the gun...which is a crock btw...but he is not subject to immediate or subsequent revocation based on the current statutes.

Perhaps it would have been better to simply point out that all DUI is bad...gun or not. But making the fact that he might lose his CCW the main point of the story seems a little fishy. (Or more like something JSOnline would do)

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Jay Warner

3:36 pm on Tuesday, November 20, 2012

Before anyone gets worried about 'spin,' check if the major facts were present. A guy gets stopped for speeding, he points to (but doesn't pick up, thankfully) his weapon, and the officer relieves him of the weapon and the car (on suspicion of OWI). Possession of a weapon while under the influence is serious. A CCW permit is a privilege, like a drivers license, not a right. The officer is _not_ going to remove the weapon, or pull his driver's license? The guy is going to drive off home? Let's get real.

Now, you may want to argue (in court) that the driver was not too inebriated to carry a weapon, or that possession of a firearm while intoxicated is OK. But at the scene, at Douglas & 4 MI Rd at 2:47 am, for community peace and safety, the officer should do his best to separate the (most probably drunk) driver from the car, and from the gun.

Now, separate from the likely legal argument, why are people upset that a gun, and CCW, was part of the reported story? Could it have been left out? No. Could the gun part have been buried somehow - like the CCW left out of the headline? Maybe, but that's what makes it newsworthy and noteworthy. Did that inclusion somehow denigrate people who like CCW permits? If so, they missed the best part - the stopped driver knew how to handle his weapon by only pointing to it. Would a person who had the weapon without a CCW know how to behave? (maybe, maybe not) I think CCW supporters should be cheering this story, not slamming it.

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