I need to know the status of long gun open carry. I read an article where one guy from Utah and two from Oregon were OCing their long guns. Then I noticed that one website had this to say about OC: "Despite the WI AG's ruling, some local jurisdictions treat open carry as disturbing the peace." Any advice on my inquires. Lastly I know that WI stats 941 has to do with preemption of firearms etc... Any other statutes on this topic?
Van Hollen sent a memorandum to all law enforcement agencies a while back advising that the act of lawfully open carrying a firearm does not constitute disturbing the peace.
That's not going to guarantee an over-zealous LEO won't cite you (see: Ed Flynn and his gestapo), but the likelihood of a DA being willing to uphold the charge is pretty minimal.
I'm on my phone, so I can't easily post a link to the memo. If someone else doesn't step in to do so, I will tomorrow.
Here is the advisory memorandum.
947.01(2)So... I had to go back and read that. I wasn't sure if it was only handguns or firearms in general. Firearms in general. Cool!Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.
Wow - adding that to the bookmark list. Thanks!
So as an aside, because open carrying is specifically mentioned in that statute, does that now mean we have an "official open carry law" on the books? I'm wondering if we should be expecting more legislation where open carrying is concerned as a result.
This is frustrating.Originally Posted by Law abider
You've been around OCDO a little while, long enough to realize that each state has its own laws.
Why do you think the laws of UT or OR would have anything to do with WI?
They used to. That website probably hasn't been updated in nearly 2 years.Then I noticed that one website had this to say about OC: "Despite the WI AG's ruling, some local jurisdictions treat open carry as disturbing the peace."
As Paul pointed out, part of the cc law addressed OC not being DC.
The preemption statute is 66.0409. It covers firearms, ammunition, and reloading components. A county may impose a sales tax, and any municipality may prohibit discharge within its limits (but that can't be enforced in cases of self-defense).Lastly I know that WI stats 941 has to do with preemption of firearms etc. Any other statutes on this topic?
Paragraph 2 says:
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.
941.23 is the ccw statute
Originally Posted by MLK, JrOriginally Posted by MSG LaigaieOriginally Posted by Proverbs 27:12Originally Posted by Proverbs 31:17
I won't ask too many basic questions. You are right I should know better.
Government buildings for example are off limits UNLESS you have the special piece of paper and then "handgun" only.
Here is a line to ACT-35 in it entirety: http://docs.legis.wisconsin.gov/2011...ed/acts/35.pdf
Feel free to read through it and then ask any questions you need clarification on. Also keep in mind, most of us on here are NOT lawyers and can/will not give legal advice.
Last edited by bnhcomputing; 01-23-2013 at 02:15 PM.
941.235, which is carry in a government building, it says firearm. So, with a CCL, I can open carry an AR 15 in a government building.
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
(2)(e) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
"The license is for a ―weapon,‖ which is defined as a handgun, an electric weapon as
defined in § 941.295(1c)(a), a knife other than a switchblade knife under § 941.24, or a
billy club. Wis. Stat. § 175.60(1)(j). "
The law specifically states what weapons can be carried by "licensed" individuals, and we both agree, that ONLY "licensed" individuals can carry in government buildings.
So we can go around all day, but until someone walks into a government building, with a license and a rifle, gets ticketed, and we get a court decision clarifying 941.235 and how it is affected by 175.60(1)(j) and ......
I would respectfully suggest sticking to "handguns" in government buildings and other places that are restricted without the license unless you want to be the "test case."
"There is no such thing as truth, only perception."