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  1. #1
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    New!

    Hey guys, I am new to the world of ownership and OC. I am just like any other beginner trying to suck up info! I've been going through many of the posts on this forum, and am pleasantly surprised by the helpfulness of this community! Anyways, I guess I am just introducing my self to the community.

    Now to the heart of my post, I am confused by some of the CCW laws, one mentioned in quite a few posts. One in particular is carrying in a tavern.
    Now, from what I am understanding, as long as you aren't CONSUMING alcohol at said tavern you can carry in/around premises. Also a class B tavern you can CC without any repercussions.

    Also, from what I understand, to OC all you need to be is 21 and a clean record and OWN the handgun. So do most of the basic rules that apply to CC apply to OC (minus the concealed obviously) and a few locations you can't carry?

    Thanks to anyone who can give a bit of insight to a new carrier?

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    Quote Originally Posted by Give me Liberty View Post
    Also, from what I understand, to OC all you need to be is 21 and a clean record and OWN the handgun. So do most of the basic rules that apply to CC apply to OC (minus the concealed obviously) and a few locations you can't carry?
    One can OC in Wisconsin at 18. This can be a tricky situation however as if you are in a school zone, even if you are openly carrying, you need a concealed carry license which one cannot get until they are 21. So if you are over 18 but under 21 and want to OC, be certain you are not within 1000 feet of a school.

    There is no law regarding whether or not you own the weapon you are carrying.

    Keeping in mind the requirement for a CCL for school zones, anywhere you can carry concealed you can also carry openly with the one exception of the State Capitol. CCW is ok, OC is not. I believe that is an administrative rule, howver, and not an actual law. I'm sure I will be corrected if I'm wrong.

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    Quote Originally Posted by pkbites View Post
    One can OC in Wisconsin at 18.
    I mentioned that to a sales rep at the Shooters Shop, and he made it very clear that you have to be 21... Because you have to be 21 to purchase...I think he may have just misinterpreted the law. Because what you say is what I read. Thanks for that!

    I'm still pretty nervous about OC'ing even around the neighborhood. I live near Greenfield, and I thought I read that you cannot OC in state parks. Now, this might be where I need to do a bit more research, but whitnall and other small local parks, CAN or can NOT be OC'ed in?

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    Quote Originally Posted by Give me Liberty View Post
    I mentioned that to a sales rep at the Shooters Shop, and he made it very clear that you have to be 21... Because you have to be 21 to purchase...I think he may have just misinterpreted the law. Because what you say is what I read. Thanks for that!

    I'm still pretty nervous about OC'ing even around the neighborhood. I live near Greenfield, and I thought I read that you cannot OC in state parks. Now, this might be where I need to do a bit more research, but whitnall and other small local parks, CAN or can NOT be OC'ed in?
    1st rule in gun ownership after the safety stuff - DON'T LISTEN TO GUN SALESMEN.

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    Quote Originally Posted by anmut View Post
    1st rule in gun ownership after the safety stuff - DON'T LISTEN TO GUN SALESMEN.
    Yea, I can totally get that...Problem was, I knew the guy as a civilian. Just randomly happened to work at the shop. All the reviews I read about the shooters shop have been pretty positive, so I was fairly trusting. Especially in a department I know little about.

    Research, much like any thing else in life, is a must here.

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    Quote Originally Posted by pkbites View Post
    One can OC in Wisconsin at 18. This can be a tricky situation however as if you are in a school zone, even if you are openly carrying, you need a concealed carry license which one cannot get until they are 21. So if you are over 18 but under 21 and want to OC, be certain you are not within 1000 feet of a school.

    There is no law regarding whether or not you own the weapon you are carrying.

    Keeping in mind the requirement for a CCL for school zones, anywhere you can carry concealed you can also carry openly with the one exception of the State Capitol. CCW is ok, OC is not. I believe that is an administrative rule, howver, and not an actual law. I'm sure I will be corrected if I'm wrong.
    Cites, please. Links even better. Cites, links, and quotes, best. But, at least cites.

    Forum Rule (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

    http://forum.opencarry.org/forums/misc.php?do=showrules
    Last edited by Citizen; 01-06-2013 at 07:03 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    Alright, Wisenheimer:

    Age to OC is 18 per the very site you are on.

    A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. My cite is Wis. Stat. 948.605(2)(b)1r.

    Open carry barred in Wisconsin State Capitol CITE!.


    As far as there being no law about needing to own the gun you are carrying, how do I cite something that does not exist?
    Last edited by pkbites; 01-06-2013 at 07:54 PM.

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    Quote Originally Posted by pkbites View Post
    Alright, Wisenheimer:

    Age to OC is 18 per the very site you are on.

    A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. My cite is Wis. Stat. 948.605(2)(b)1r.

    Open carry barred in Wisconsin State Capitol CITE!.


    As far as there being no law about needing to own the gun you are carrying, how do I cite something that does not exist?
    I'm not being a wisenheimer; you've been around here long enough to know how important this rule is.

    The point of citing authority is to educate the new guys by letting them see it at the source and have certainty as compared to just a buncha guys writing stuff on the internet. It also cuts down on arguments.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Give Me Liberty, things take time. Yes, talk to people that know some things. Take a course. Go to WI DOJ site and look it over, read the latest law changes and what created the big law changes for November 2011, http://www.doj.state.wi.us/dles/cib/...ealedCarry.asp

    Also, this will not cover everything. Read on forums too, since there is also case law from the past that clarifies some items. One example you will see is what WI considers open carry in a vehicle.

    When you feel good about it, read some of the same again every once in awhile.

  10. #10
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    Welcome. Everything you need to know about carrying is in my signature.

    To specifically answer your question on carrying in a class B liquor business, you either must have a CCL to OC or CC, OC with owner/manager permission for the time you are there, and the business is not posted "no guns."
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  11. #11
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    If you are in Wisconsin, I suggest reading the thread stickied at the top of the WI forum, titled "new to OC in WI? here's what you should know"

    Quote Originally Posted by Give me Liberty
    I mentioned that to a sales rep at the Shooters Shop, and he made it very clear that you have to be 21... Because you have to be 21 to purchase.
    Quote Originally Posted by anmut
    1st rule in gun ownership after the safety stuff - DON'T LISTEN TO GUN SALESMEN.
    +1
    Federal & state laws say it is legal for an 18yo to purchase a long gun in a private purchase or from a dealer.
    Federal & state laws say it is legal for an 18yo to purchase a pistol in a private purchase, but not from a dealer.
    State law says that in order to get a cc license, one must be 21 & a WI resident.
    There are places where only licensees may carry a pistol. (School zone, taxpayer-owned buildings.)

    Quote Originally Posted by Give me Liberty
    All the reviews I read about the shooters shop have been pretty positive, so I was fairly trusting.
    There's one employee there who is a member here, & is fairly educated about OC & laws.
    The person who usually gets interviewed on TV or quoted in the paper for gun-related stories is anti-OC & frequently gives out incorrect info.

    Quote Originally Posted by Give me Liberty
    from what I am understanding, as long as you aren't CONSUMING alcohol at said tavern you can carry in/around premises. Also a class B tavern you can CC without any repercussions.
    If the bar/restaurant isn't posted, you can OC with permission from the owner or manager even without a license.
    You can also cc if you have a license, but may not consume alcohol on the premesis.
    See 941.237
    You may never be "materially impaired" while in possession of a firearm, no matter where you are or if you're in possession of a license. "Materially impaired" is defined as 0.08%BAC, but may be proven at lower BAC. Most people either don't drink while carrying, or hold themselves to the same standards as if they planned to drive.

    Quote Originally Posted by Give me Liberty
    I thought I read that you cannot OC in state parks. Now, this might be where I need to do a bit more research, but whitnall and other small local parks, CAN or can NOT be OC'ed in?
    As of 01JAN13, a license is no longer needed to carry in a state park. [29.089(2) used to include state parks with fish hatcheries, but it was removed 01JAN.]
    Thanks to WI statute 66.0409 (preemption - no local law about guns may be more restrictive than state law), no small local park may require a license or prohibit carry (open or concealed).
    Quote Originally Posted by MLK, Jr
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    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.
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  12. #12
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    Quote Originally Posted by Give me Liberty View Post
    Hey guys, I am new to the world of ownership and OC. I am just like any other beginner trying to suck up info! I've been going through many of the posts on this forum, and am pleasantly surprised by the helpfulness of this community! Anyways, I guess I am just introducing my self to the community.

    Now to the heart of my post, I am confused by some of the CCW laws, one mentioned in quite a few posts. One in particular is carrying in a tavern.
    Now, from what I am understanding, as long as you aren't CONSUMING alcohol at said tavern you can carry in/around premises. Also a class B tavern you can CC without any repercussions.

    Also, from what I understand, to OC all you need to be is 21 and a clean record and OWN the handgun. So do most of the basic rules that apply to CC apply to OC (minus the concealed obviously) and a few locations you can't carry?

    Thanks to anyone who can give a bit of insight to a new carrier?
    Welcome aboard, read & soak up as much info as you can; then don't forget to go to Racine to McX's service station(shameless plug)...Just don't forget to bring the cheeseburgers; never forget the burgers.
    Last edited by Lurchiron; 01-07-2013 at 08:34 PM.
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    Quote Originally Posted by Lurchiron View Post
    Welcome aboard, read & soak up as much info as you can; then don't forget to go to Racine to McX's service station(shameless plug)...Just don't forget to bring the cheeseburgers; never forget the burgers.
    Last I heard McX isn't there anymore, neighborhood went downhill and business followed it.
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    Quote Originally Posted by pkbites View Post
    Alright, Wisenheimer:

    Age to OC is 18 per the very site you are on.

    A person who is a CCW licensee or out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds. My cite is Wis. Stat. 948.605(2)(b)1r.

    Open carry barred in Wisconsin State Capitol CITE!.


    As far as there being no law about needing to own the gun you are carrying, how do I cite something that does not exist?

    So when I go to pick my kid up from school, even with a ccl, I'd have to park off of the lot and leave my firearm in the glove?

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    Quote Originally Posted by Give me Liberty View Post
    So when I go to pick my kid up from school, even with a ccl, I'd have to park off of the lot and leave my firearm in the glove?
    You can park on grounds if the weapon is unloaded and encased in the vehicle.

    Hell, according to the wording of the school zone law off duty cops are not allowed within 1000 feet of a school zone unless they have a CCL, and they are not authorized to enter school grounds either. Unlike other gun laws in Wisconsin that simply mention "peace officer', the Gun Free School Zone Law specifically says By a law enforcement officer or state-certified commission warden acting in his or her official capacity which has been interpreted by many to mean on duty!

    Cite

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    Well it seems that most LEO's are apt to abuse of power. But that's just my experience. Again most, not all. But that's interesting that they made it that specific. Government officials are usually "exempt" from law.. or at least they believe they are. Anyways, thanks again guys for the info. And for the warm welcome!

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    Last edited by pkbites; 01-08-2013 at 10:19 PM.

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    I have recently wondered if the restriction on school carry for off duty officer would conflict with HR218(LEO safety act permitting officers to conceal anywhere in the country). In Nevada or something 3 officers were carrying in a bar or similar location and got charged for concealing in a restricted area, and were found innocent based on HR218.
    Last edited by Motofixxer; 01-09-2013 at 10:36 PM.
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    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

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    Quote Originally Posted by Motofixxer View Post
    I have recently wondered if the restriction on school carry for off duty officer would conflict with HR218(LEO safety act permitting officers to conceal anywhere in the country). In Nevada or something 3 officers were carrying in a bar or similar location and got charged for concealing in a restricted area, and were found innocent based on HR218.
    It was South Dakota.

    Wisconsin Assistant Attorney General stated that HR218 does not cover off duty carry on school grounds. I have found nothing from the feds that refutes that.

    And before anyone brings it up, there seem to be a belief that all cops are "always on duty", This is false. It would only pertain to the officers from agencies that have written policies that mandate that. Most don't, including mine.

  20. #20
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    pkbites, one of these days I'd like to meet you in person.
    You seem like a reasonable guy.

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