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Thread: The Pre Act 35 Scenario

  1. #1
    Regular Member
    Join Date
    Aug 2011
    Ellsworth Wisconsin

    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.

  2. #2
    Herr Heckler Koch

    1) Discretely
    2) Never
    3) No
    4) Depends on your perception in your town.

  3. #3
    Regular Member
    Join Date
    Mar 2010
    Under your bed
    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.

    Sent from my DROID2 GLOBAL using Tapatalk 2
    Last edited by Jason in WI; 05-22-2012 at 03:43 PM.

  4. #4
    Regular Member
    Join Date
    Jul 2011
    northern wis
    We can now refer to them as the bad old days.

  5. #5
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    in front of my computer, WI
    Quote Originally Posted by Law abider
    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?
    4) What am I to expect when I oc with a permit in town?
    5) Without a permit in town.
    1) legally, just like post-11/1/11.
    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

    3) no

    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.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

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