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Thread: Status of long gun carry and OC info from website

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    Status of long gun carry and OC info from website

    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?

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    Administrator John Pierce's Avatar
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    Quote Originally Posted by Law abider View Post
    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?
    We don't discuss long-gun open carry here. However, the OC as disturbing the peace is a topic I am sure some of the Wisconsin posters will be glad to answer.


    John

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    Regular Member NoTolerance's Avatar
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    Re: Status of long gun carry and OC info from website

    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.

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    Regular Member paul@paul-fisher.com's Avatar
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    Re: Status of long gun carry and OC info from website

    Quote Originally Posted by NoTolerance View Post
    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.
    Those was made law as part of act 35. i am on my phone as well so i can't provide the cite.

    Sent from my SCH-I500 using Tapatalk 2

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    Regular Member NoTolerance's Avatar
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    Quote Originally Posted by NoTolerance View Post
    Van Hollen sent a memorandum [...] 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.

    Quote Originally Posted by paul@paul-fisher.com View Post
    Those was made law as part of act 35. i am on my phone as well so i can't provide the cite.
    Please do - I had not previously heard that. Time permitting, I might try to find it on my own sometime today.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by NoTolerance View Post
    Here is the advisory memorandum.



    Please do - I had not previously heard that. Time permitting, I might try to find it on my own sometime today.
    947.01(2)
    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.
    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!

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    Regular Member NoTolerance's Avatar
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    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.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by NoTolerance View Post
    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.

    Act 35 also mentioned (can't find it at the time) that it was not to be construed as any additional limits on open carry.

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    Regular Member paul@paul-fisher.com's Avatar
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    Found it. 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.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Law abider
    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.
    This is frustrating.
    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?

    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."
    They used to. That website probably hasn't been updated in nearly 2 years.
    As Paul pointed out, part of the cc law addressed OC not being DC.

    Lastly I know that WI stats 941 has to do with preemption of firearms etc. Any other statutes on this topic?
    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).

    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
    http://docs.legis.wi.gov/statutes/statutes/941/III/23
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    Quote Originally Posted by MKEgal View Post
    This is frustrating.
    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.
    As Paul pointed out, part of the cc law addressed OC not being DC.



    941.23 is the ccw statute
    http://docs.legis.wi.gov/statutes/statutes/941/III/23
    MKE I am sorry for frustrating you. That is not my intent. I was just wanting to know if we can OC long guns in this state as in the two I mentioned. I am trying to be prudent and not a simpleton. You, Paul, No Tolerance, Protias and others have thousands of posts and have knowledge I need. If I don't ask I don't know where to turn. I am not a computer geek.
    I won't ask too many basic questions. You are right I should know better.

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    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by Law abider View Post
    ... I was just wanting to know if we can OC long guns in this state as in the two I mentioned.
    My opinion will differ. There are several places that one CANNOT carry without the state license/permit. All of those places would be restricted to "handgun" only. In fact, "handgun" is specifically mentioned eleven(11) times in Act-35.

    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 03:15 PM.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by bnhcomputing View Post
    My opinion will differ. There are several places that one CANNOT carry without the state license/permit. All of those places would be restricted to "handgun" only. In fact, "handgun" is specifically mentioned eleven(11) times in Act-35.

    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.
    Well...... looking at 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).

    Kinda interesting.

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    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Well...... looking at 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).

    Kinda interesting.
    I would disagree on your long gun comment because.... Wis. Stat. 175.60(1)(j).

    "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."

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