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Thread: Question from a Wisconsin native who now lives in Virginia

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    Regular Member minarchist's Avatar
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    Question Question from a Wisconsin native who now lives in Virginia

    I have lived in Virginia for almost nine years and love the pro-RKBA atmosphere here. I have CCed for several years, and I just started OCing. Almost everyone here seems to be very accepting of open carry. Thanks to efforts of groups like the Virginia Citizens Defense League, the police are very aware of the legality of open carry.

    A few years ago, I remember reading that the chief of police for Milwaukee stated that he didn't care that open carry is legal, and that anyone caught open carrying would be thrown to the ground. I also remember reading about a West Allis man whose neighbors called the police because he open carried in his own backyard. Do the police and the residents of Wisconsin respect open carry significantly more now than they did a few years ago?

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    Founder's Club Member protias's Avatar
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    I've not heard of any issues since 11/1/11, probably since harassing and arresting someone with a CCL would not be good for the officer or the department.
    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)

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    Regular Member minarchist's Avatar
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    Quote Originally Posted by protias View Post
    I've not heard of any issues since 11/1/11, probably since harassing and arresting someone with a CCL would not be good for the officer or the department.
    That is the date that the CC law went into effect, correct? Did the passage of that law help with public and law enforcement acceptance of open carry?
    Last edited by minarchist; 02-28-2013 at 01:23 PM.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by minarchist View Post
    That is the date that the CC law went into effect, correct? Did the passage of that law help with public and law enforcement acceptance of open carry?
    Yes. Acceptance? Who knows. I am unable to find the statute, but it says it is illegal for a police officer to arrest someone with a CCL to be fined and be sentenced to 30 days in jail. The language is vague enough that it could be interpreted to mean harassing someone with a CCL that is carrying and isn't breaking the law.
    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)

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    Regular Member minarchist's Avatar
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    Quote Originally Posted by protias View Post
    Yes. Acceptance? Who knows. I am unable to find the statute, but it says it is illegal for a police officer to arrest someone with a CCL to be fined and be sentenced to 30 days in jail. The language is vague enough that it could be interpreted to mean harassing someone with a CCL that is carrying and isn't breaking the law.
    Wow, if a cop arrests someone with a CCL, that cop may be fined and jailed for 30 days? I never knew that the socialist, union-loving, statist dystopia (fonrtunately, it seems to have changed for the better from the news that I've seen) that I grew up in could have such a libertarian-oriented law.

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    Founder's Club Member protias's Avatar
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    Found it!

    175.49 (17) (ar) Any law enforcement officer who uses excessive
    force based solely on an individualís status as a licensee
    may be fined not more than $500 or sentenced to a term
    of imprisonment of not more than 30 days or both. The
    application of the criminal penalty under this paragraph
    does not preclude the application of any other civil or
    criminal remedy.
    (b) Any person who violates sub. (16) may be fined
    not more than $500 or imprisoned for not more than 30
    days or both.
    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)

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    Quote Originally Posted by minarchist View Post
    Wow, if a cop arrests someone with a CCL, that cop may be fined and jailed for 30 days? I never knew that the socialist, union-loving, statist dystopia (fonrtunately, it seems to have changed for the better from the news that I've seen) that I grew up in could have such a libertarian-oriented law.
    after 2 terms of Doyle a few people saw the light and cast a different vote , now we are the union breaking state with a budget surplus

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    In fact as far back as 2009 WI attorney general Van Hollen issued an advisory memorandum to all law enforcement in WI cannot arrest someone for OC just because they are OCing. There have to be other factors.

    http://www.wi-force.org/FinalOpenCarryMemo.pdf

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    Regular Member minarchist's Avatar
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    Quote Originally Posted by Law abider View Post
    In fact as far back as 2009 WI attorney general Van Hollen issued an advisory memorandum to all law enforcement in WI cannot arrest someone for OC just because they are OCing. There have to be other factors.

    http://www.wi-force.org/FinalOpenCarryMemo.pdf
    So how did the badge-wearing union thugs get away with arresting people for OC after said memorandum?

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    Quote Originally Posted by minarchist View Post
    So how did the badge-wearing union thugs get away with arresting people for OC after said memorandum?
    I have only heard that in Milwaukee and Madison had problems. I don't think they got away. Lawsuits were filed and the union thugs lost. The Culver incident and MKE Gal's arrest were their attempts to intimidate the OC group. I am sure the people involved will fill you in.
    I OC here in Western WI and so far no over zealous leo of deputy has stopped me. I hope they now know that we are an OC state without a license. I got my CCL bec I didn't want to be caught in GFSZ by accident.

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    Another significant thing that happened with the CCW law was an addition of a subsection to the states Disorderly Conduct law:

    947.01  Disorderly Conduct
    (1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

    (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.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Law abider View Post
    In fact as far back as 2009 WI attorney general Van Hollen issued an advisory memorandum to all law enforcement in WI cannot arrest someone for OC just because they are OCing. There have to be other factors.

    http://www.wi-force.org/FinalOpenCarryMemo.pdf
    An advisory which was added to Act 35.
    Quote Originally Posted by minarchist View Post
    So how did the badge-wearing union thugs get away with arresting people for OC after said memorandum?
    They could say it was disorder conduct...
    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)

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