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Thread: 2 Open Carry Questions

  1. #1
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    Question 2 Open Carry Questions

    So I've been searching around a tad, I'm quite new to the whole Open Carry stuff.
    (In Wisconsin)

    1. If you are not being "Lawfully Detained", do you have to present the officer with identification?

    Answered:
    Henes v. Morrissey (Article )

    2. Is it legal to carry your firearm with a round chambered? (It seems I got confused after seeing that California requires it to be unloaded?)

    Sorry if these have been asked before, searched around, read numerous articles, didn't find a very "clear" answer.
    Last edited by JS1993; 02-25-2012 at 08:37 AM.

  2. #2
    Regular Member markush's Avatar
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    Quote Originally Posted by JS1993 View Post
    2. Is it legal to carry your firearm with a round chambered? (It seems I got confused after seeing that California requires it to be unloaded?)

    Sorry if these have been asked before, searched around, read numerous articles, didn't find a very "clear" answer.
    Wisconsin does not require you to defend yourself with a neutered gun. Rack that slide and carry on!

  3. #3
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    Quote Originally Posted by JS1993 View Post
    So I've been searching around a tad, I'm quite new to the whole Open Carry stuff.
    (In Wisconsin)

    1. If you are not being "Lawfully Detained", do you have to present the officer with identification?
    Americans are not required to generally have, carry, or present ID to police, nor can states make them, says the supreme Court in Kolender v. Lawsen. In Wisconsin, there is no statute generally requiring a detainen person to identify themselves verbally.

  4. #4
    Herr Heckler Koch
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    Welcome to OCDO JS.

    The Super Moderator is quite right, but to expand a bit for you. Beyond the Second Amendment, we particularly enjoy the First, Fourth and Fifth Amendment rights. The Fourth enumerates our security in our persons, papers and effects. Historical jurisprudence has made it clear that absent a warrant/ detention you cannot be compelled to surrender your (identification) documents. Once cause for surrender of your papers is established then you are protected by the Fifth Amendment from demands that may incriminate you.

    In Wisconsin, the foundations for these arguments are supported in the state Constitution and in the Wisconsin Statutes, available here - https://docs.legis.wisconsin.gov/statutes/prefaces/toc , and particularly our 'stop and identify' statute, 968.24 Temporary questioning without arrest. https://docs.legis.wisconsin.gov/sta...tatutes/968/24 Note carefully the 'Annotations' attached to the statute, they suggest the complications in balancing rights, federal code and state statutes.

    Again, welcome.

    ps. Be vewwy vewwy careful in accepting legal advise and advise that may affect your freedom from anyone other than your personal attorney that is paid to protect your interests and bound by the canons.
    Last edited by Herr Heckler Koch; 02-25-2012 at 11:17 AM.

  5. #5
    Regular Member Motofixxer's Avatar
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    I would recommend reviewing the New to Open Carry in WI thread linked below in my Signature. It will answer a lot of questions.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  6. #6
    Regular Member MKEgal's Avatar
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    First off, welcome aboard.
    Quote Originally Posted by JS1993
    1. If you are not being "Lawfully Detained", do you have to present the officer with identification?
    You never have to talk to or give ID to anyone, other than:
    1) If you are lawfully stopped while operating a motor vehicle you must show your DL.
    2) Under the new cc law, if you are carrying in a place where only licensees may carry (such as a taxpayer-owned building) or if you are carrying concealed (other than on your own property or in your own business), AND an officer is acting "in an official capacity and with lawful authority" [see 175.60(2g)(c)] you must show your carry license & ID.
    DANGER: #2 is only true in WI. Other states require you to do different things. Some want you to tell every officer you come in contact with, right up front, with penalties if you don't.

    2. Is it legal to carry your firearm with a round chambered?
    (It seems I got confused after seeing that California requires it to be unloaded?)
    Yes, it's legal in WI. CA law has no bearing here, thank whatever dieties you believe in.
    The laws in each state are different, unlike the basics of driving. Hopefully that will be fixed in my lifetime.

    Quote Originally Posted by Motofixxer
    I would recommend reviewing the New to Open Carry in WI thread linked below in my signature. It will answer a lot of questions.
    What he said.
    Allow yourself several visits to work through it all, 'cause there's a lot there.
    Particularly budget about an hour to watch the "don't talk to police" video, a lecture to a law class done by a law professor & a LEO.


    Here's a link to search WI statutes: http://legis.wisconsin.gov/RSB/STATS.HTML
    Here's a PDF of Act 35 (the cc law): https://docs.legis.wisconsin.gov/201...ed/acts/35.pdf
    And here's a good site to start researching laws for each state, as well as travel laws: http://www.handgunlaw.us/
    Each state you click on brings up a PDF, & on the first page are links to that state's official sites so you can double-check the info in that PDF.
    Last edited by MKEgal; 02-26-2012 at 04:25 PM.
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