4) Depends on your perception in your town.
Thread: The Pre Act 35 Scenario
For the sake of understanding I want to ask those of you who OCed BEFORE act 35 for CC was signed into law.
The town of Ellsworth has a city ordinance on the books that says: (4) No person may place, possess or transport a firearm, bow or
crossbow in or on a vehicle, unless the firearm is a handgun, as defined in
Wis. Stats. Sec. 175.60(1)(bm), unless the firearm is unloaded or unless the
bow or crossbow is unstrung or is enclosed in a carrying case.[Ord. 619 01/12]
Now I am sure many towns and cities across WI had or still have these ordinances.
My question:1) How did you OC back then?2) Were you stopped, arrested? 3)Did you produce the WI Article 1 section 25 as your defence?
and 4) What am I to expect when I oc with a permit in town? 5) Without a permit in town.
If you can say in question1 I did this or that happened
In question2 This happened or I did this.
It will help me see into the past.
Thanks guys and gals.
4) Depends on your perception in your town.
Always had to do the "dance", unload and encase the firearm before getting in the vehicle. I placed the unloaded and encased firearm in my passenger seat, others placed it in the trunk or as far out of reach as they could.
As far as any law against processing on my person, I simply ignored that as it was preempted. There may have been city ordinance's about carrying in a vehicle but it didn't mater as we had to deal with state law. I always remained vigilant of restricted buildings and especially gun free school zones.
I never had an issue Open Carrying myself but others have. Most of the time nobody notices. I even carried at one if the protests in Madison pre ACT 35 without an issue. I've carried in a couple of small towns up north and only gotten extended looks, for the most part around Milwaukee nobody notices and when they do they just keep about their business. Once in a while somebody might ask what my sidearm is about but that's pretty rare.
After ACT 35 I have always carried under my permission slip as I had it in hand within 24 hours of it came into effect
I think I did drive for a few blocks with it on my dashboard (out of any GFSZ) for a few blocks Nov 1 as that was how I planed to carry it until my permission slip came. Of course I still would have to have unloaded it and encased it most of the time since I drive through GFSZ's all the time.
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Last edited by Jason in WI; 05-22-2012 at 03:43 PM.
We can now refer to them as the bad old days.
1) legally, just like post-11/1/11.Originally Posted by Law abider
When in the car it was at least encased, & usually unloaded. I generally had it on the passenger seat, sometimes in the trunk, and toward mid to late 2011 I had a safe attached to the driver's seat frame.
2) yes, & yes.
a) Brookfield, which ended up with them giving my gun back & paying out for a federal civil rights lawsuit
b) Milwaukee, which is still in progress, but I expect will end much the same because I was following the law
4) depends on how well-educated your local LEO are, & how seriously they take their oath to uphold the laws of WI & the Constitutions. In places like Madistan & Killwaukee it's more likely you'll run into someone (cop or not) who doesn't understand or like the law, & may try to cause trouble for you.
For the most part, people don't notice. With a permission slip you don't have to worry about school zones.
5) now you have to worry about school zones
As for the invalid leftover ordinances, they can't be enforced because they're more strict than state law. Best bring them to the attention of the town council & have them removed, so no rogue LEO gets the city into a lawsuit by trying to arrest someone unlawfully.
(2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
Originally Posted by MLK, JrOriginally Posted by MSG LaigaieOriginally Posted by Proverbs 27:12Originally Posted by Proverbs 31:17