• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

long gun contradiction

bigdaddy1

Regular Member
Joined
May 7, 2009
Messages
1,320
Location
Southsider der hey
Here's a head scratcher, what about a brandishing charge? Since a long gone would not be in any type of holster wouldn't carrying that be considered brandishing? If you pull your sidearm out of its holster you risk such a charge.
 

Jason in WI

Regular Member
Joined
Mar 5, 2010
Messages
542
Location
Under your bed
Here's a head scratcher, what about a brandishing charge? Since a long gone would not be in any type of holster wouldn't carrying that be considered brandishing? If you pull your sidearm out of its holster you risk such a charge.

There is no law for "brandishing" in WI. You can pull your sidearm out all you want (please don't), its the totality of the circumstances that will decide if you broke any laws but "brandishing" will not be one if them

With a long arm you may get disorderly conduct like they tried with early open carriers but, again barring other circumstances it may or may not stick.

Im not going to post much more on long gun carry as its against the rules here except to say it is legal in WI, the same way open carry was before ACT 35.


Sent from my DROID2 GLOBAL using Tapatalk
 
Last edited:

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
i'm still confused as to how you can have 2 different departments writing law, and how do you know which one over-rides which??? i'm not sure why, but i was under the understanding/assumption that the DNR one applied to vehicles not on highways. i'm just having a hard time understanding and trying to prove to myself that one law is stronger than the other law.

is there any writing that states that if one department brings in new law, that it automatically over-rides other departments, or what am i missing here??? why have 2 different law departments if their laws over-ride each other???

There are 2 points which you are missing:

1) There is no "DNR Law" regarding open or concealed carry. The DNR did not write any of the laws we are discussing.
2) None of the current firearm laws we are discussing contradict each other. They say what we may not do, not what we may do.

The DNR only has control over DNR Administrative Code and not WI State Statutes. WI State Statutes can trump Administrative Code. An example is where NR10 Admin Code prohibits shooting 24 hours before the 9 day rifle deer season and Statue Statute carves out an exception for land owners and their immediate family target practicing.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
There is no law for "brandishing" in WI. You can pull your sidearm out all you want (please don't), its the totality of the circumstances that will decide if you broke any laws but "brandishing" will not be one if them

With a long arm you may get disorderly conduct like they tried with early open carriers but, again barring other circumstances it may or may not stick.

Im not going to post much more on long gun carry as its against the rules here except to say it is legal in WI, the same way open carry was before ACT 35.

Although there is no State Statute prohibiting "brandishing", there are municipalities which prohibit carrying a firearm in a threatening manner. With Act 35, State Statute reigns these in by stating that you may not be cited for the simple act of firearm carry.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
Then act 51 was enacted (the DNR one) and long guns don't have to be now..
Calling this a DNR law or even alluding to it confuses people who are not comfortable researching Statutes and Admin Code. Although a DNR representative testified at the hearing, they did not have a vote whether or not this Statute got passed or on its language. Long gun carry effects all shooters and not just hunters.
 

scorpio_vette

Regular Member
Joined
Aug 19, 2009
Messages
635
Location
nowhere
Calling this a DNR law or even alluding to it confuses people who are not comfortable researching Statutes and Admin Code. Although a DNR representative testified at the hearing, they did not have a vote whether or not this Statute got passed or on its language. Long gun carry effects all shooters and not just hunters.

not sure if you were referring to me or people in general. i just quoted the FAQ, because it was easiest at the moment. i do try to read the law sentence by sentence, but after you read so many pages, your head starts smoking and you start forgetting or cross-remembering things by the end of the day. i'm not a lawyer, but do believe that i can seem to decipher and understand most of what's written in there fairly well, but then just as i think i figured it out, something else usually catches my attention and starts stirring everything up again.

such as with the question i posted for this thread. even though i "think" i'm a bit more comfortable with the thought that i could openly secure my rifles on my motorcycle now while going to the range, i'm still a bit confused, as it seems there might be some opposing opinions. if a law was written so clear cut, then i should have just gotten 2 pages of "yes" answers, not 2 pages of "yes, maybe, no". LOL

and honestly some of the replies in this thread also didn't help my confusion very much.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
such as with the question i posted for this thread. even though i "think" i'm a bit more comfortable with the thought that i could openly secure my rifles on my motorcycle now while going to the range, i'm still a bit confused, as it seems there might be some opposing opinions. if a law was written so clear cut, then i should have just gotten 2 pages of "yes" answers, not 2 pages of "yes, maybe, no". LOL

and honestly some of the replies in this thread also didn't help my confusion very much.
Just think of it as you can do whatever you wish so long as a Statute does not explicitly prohibit you from doing so. There is no Statute which prohibits you from carrying an unloaded long gun on a moving motorcycle. So long as you are a licensee, there is no Statute prohibiting you from carrying an unloaded long gun on your motorcycle in a GFSZ if you are not on the grounds of a school.
 

HolyOrangeJuice

Regular Member
Joined
Sep 26, 2010
Messages
221
Location
AZ
Basically our laws are written so poorly you can take the risk all you want and may be doing everything LEGALLY according to our laws but then when some cop who doesn't see it your way you might be taking a ride because their interpretation is different.
 
Top