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Question from a Wisconsin native who now lives in Virginia

minarchist

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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?
 

protias

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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.
 

minarchist

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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.

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:

protias

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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.
 

minarchist

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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.
 

protias

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Found it!

175.49 (17) (ar) Any law enforcement officer who uses excessive
force based solely on an individual’s 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.
 

GreenCountyPete

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Feb 18, 2009
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Green County, Wisconsin, USA
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
 

Law abider

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Ellsworth Wisconsin
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.
 

pkbites

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Milwaukee, Wisconsin, ,
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.
 

protias

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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
An advisory which was added to Act 35. ;)
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...
 
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