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Thread: Can you open carry in a car with a permit?

  1. #1
    Regular Member Burns's Avatar
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    Can you open carry in a car with a permit?

    I have my conceal carry permit, I've been thinking about open carrying but I'd like to know if it's legal to open carry in a car if you have your permit or if I would have to cover the gun with my shirt every time I'm in the car.

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    You have your permit so you can carry it however you'd like in your car. Without a permit it has to be completely visible but since you have your ccl you can have it on the seat, under the seat, glove compartment, on your hip etc...

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    You have no restrictions.

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    Regular Member AaronS's Avatar
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    Yes you can open carry in a car with your CCL. It would look like you do not even need the CCL to OC in a car anymore.

    Your CCL only helps the places that you can open carry (school zone). It, in no way, limits the places you can OC.


    Wow them were some fast responces!
    Last edited by AaronS; 07-30-2012 at 02:27 AM.

  5. #5
    Regular Member Burns's Avatar
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    Thanks a lot guys I was worried because of the story I just read about the user MKEGal and the situation she was in.
    Last edited by Burns; 07-30-2012 at 03:05 AM.

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    Regular Member Sorcice's Avatar
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    That was right after the new law came into effect and she got hassled for concealing even though the cop saw the weapon. Sigh.

  7. #7
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Burns
    I was worried because of the story I just read about the user MKEGal and the situation she was in.
    Which I'm sure you read was resolved in favor of the law.

    Yes, the law (effective 01NOV11) says loaded, unencased carry of a pistol in a car is legal, no license needed.
    167.31 (2) (b)
    Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies:
    1. The firearm is unloaded or is a handgun.
    A license allows you to carry concealed if you choose, and you don't have to avoid being near schools you know about.
    175.60 (2) (c)
    Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.
    See 941.23 for the law about carrying concealed.
    You would probably also benefit from reading through the information presented in the sticky thread titled
    "New to Open Carrying in WI? Here's what you should know"
    It's a lot of information, but covers pretty much every newbie question people tend to come up with.
    Take it in small chunks. Easier to digest.
    Last edited by MKEgal; 07-30-2012 at 04:13 AM.
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    Regular Member Burns's Avatar
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    Quote Originally Posted by MKEgal View Post
    Which I'm sure you read was resolved in favor of the law. *snip*

    Yeah. I'll make sure I read through that link you posted. I know everything there is about conceal carry... but I'm quite a noob when it comes to open carry, which I plan on doing soon, sorry but having a full size m&p in between you and your belt just isn't very comfortable sometimes haha.

    Btw, I'm glad everything worked out for you, sorry you had to go through that. I would donate to try to help but my wife and I still need to pay off a huge credit card bill :/ Looking forward from learning more from you and the others here.
    Last edited by Burns; 07-30-2012 at 04:23 AM.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Burns View Post
    Yeah. I'll make sure I read through that link you posted. I know everything there is about conceal carry... but I'm quite a noob when it comes to open carry, which I plan on doing soon, sorry but having a full size m&p in between you and your belt just isn't very comfortable sometimes haha.

    Btw, I'm glad everything worked out for you, sorry you had to go through that. I would donate to try to help but my wife and I still need to pay off a huge credit card bill :/ Looking forward from learning more from you and the others here.
    If you know everything about concealed carry, then you know everything about oc. The basic rule is you can oc and cc in all the same places if you have a ccl.


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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    If you know everything about concealed carry, then you know everything about oc. The basic rule is you can oc and cc in all the same places if you have a ccl.


    Sent from my SCH-I500 using Tapatalk 2
    But there are differences like OC vs CC in bars...
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    But there are differences like OC vs CC in bars...
    No there are not.

    My point is, whatever you can do while cc'ing, you can also oc.

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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    No there are not.

    My point is, whatever you can do while cc'ing, you can also oc.
    ? I though we couldn't drink in establishments while CCing?
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    ? I though we couldn't drink in establishments while CCing?
    We can't.

    I did say that if he knew what he could do while cc'ing, he can also do all that while oc'ing.

  14. #14
    Regular Member HandyHamlet's Avatar
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    ... around and around we go. Down the rabbit hole.

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  15. #15
    McX
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    i prefer not to tempt fate. it is easier to disarm, than to regret, where alcohol is concerned.

    http://www.youtube.com/watch?v=lpzqQst-Sg8
    Last edited by McX; 07-30-2012 at 12:23 PM.

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    Regular Member Burns's Avatar
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    Quote Originally Posted by McX View Post
    i prefer not to tempt fate. it is easier to disarm, than to regret, where alcohol is concerned.

    http://www.youtube.com/watch?v=lpzqQst-Sg8
    I agree, I always have my firearms locked up if I decide to drink.

  17. #17
    Regular Member Burns's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    If you know everything about concealed carry, then you know everything about oc. The basic rule is you can oc and cc in all the same places if you have a ccl.


    Sent from my SCH-I500 using Tapatalk 2
    Thanks, I was wondering about that.

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    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by Burns View Post
    I agree, I always have my firearms locked up if I decide to drink.
    Personal choice. We all have one.

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    i just quit drinking in class B establishments , it was getting to expensive any way

    you can drink and carry in your own home , only you know if that is or isn't a good idea.

    it was a small change for me as i didn't drink much any way.

    if i had to switch to soft drinks after a 2 glasses of beer so i could drive home any way i can just as well skip the beer

  20. #20
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by MKEgal View Post
    Quote Originally Posted by Burns View Post
    Thanks a lot guys I was worried because of the story I just read about the user MKEGal and the situation she was in.
    Which I'm sure you read was resolved in favor of the law.

    Yes, the law (effective 01NOV11) says loaded, unencased carry of a pistol in a car is legal, no license needed.


    A license allows you to carry concealed if you choose, and you don't have to avoid being near schools you know about...
    Unfortunately nothing has been resolved possibly through deliberate action by the judge. I am pleased that you were not found guilty of concealed carry. Yours was a case of beating the rap but not beating the ride. Unfortunately others may be subject to the same abuse until this is resolved in the legislature. There is nothing to stop another LEO from citing you or someone else for a 941.23 violation if they do not see the firearm until they put their face up to the window. It would be nice if our "friends" in Madison would see this as reason to amend the Statute to reflect the original intent of making practical vehicle carry 100% legal even without a license.
    Here is exactly what 167 says...
    167.31 (2) Prohibitions; motorboats and vehicles; highways and roadways.(b) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies:
    1. The firearm is unloaded or is a handgun
    167.31 does not give you blanket or other explicit authority to carry a handgun in a vehicle. What it does is prohibit you from possessing a firearm in a vehicle and it makes an exception to the prohibition for a handgun loaded or unloaded and for an unloaded long gun. That is all it does.


    Unless there was information withheld regarding your trial, your being found not guilty has everything to do with the firearm not being perceived as hidden by the jury according to the jury instruction and zero to do with 167.31.
    Last edited by Interceptor_Knight; 07-30-2012 at 05:57 PM.

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    Quote Originally Posted by AaronS View Post
    ...It would look like you do not even need the CCL to OC in a car anymore.
    ..
    The judge in the Concealed Carry violation case in Milwaukee, presented the normal jury instructions, which include the weapon had to visible to normal observation, from outside the car.

    That means not covered up by clothing, not hidden behind a tall center console.

    If you open carry on your left hip, and you are sitting next to the driver side, I think you better have a CCL. Same applies if you open carry on your right hip and are sitting on the passenger side of the vehicle.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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    Regular Member Burns's Avatar
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    Quote Originally Posted by E6chevron View Post
    The judge in the Concealed Carry violation case in Milwaukee, presented the normal jury instructions, which include the weapon had to visible to normal observation, from outside the car.

    That means not covered up by clothing, not hidden behind a tall center console.

    If you open carry on your left hip, and you are sitting next to the driver side, I think you better have a CCL. Same applies if you open carry on your right hip and are sitting on the passenger side of the vehicle.
    Makes sense, my wife normally drives so I'm always in the passenger seat, holster on right side by door. Glad I got my CCL..

  23. #23
    Regular Member Lurchiron's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    But there are differences like OC vs CC in bars...
    likewise; the differences between bourbon vs Tennesee whiskey...

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