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Wisconsin Open Carry

pkbites

Regular Member
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Jun 2, 2006
Messages
773
Location
Milwaukee, Wisconsin, ,
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Mike wrote:
pkbites wrote:
I would think it insane to attempt to open carry in Madison. I can envision everyone in the vicinity freaking out over it. Also, the majority of the buildings in that area are city/state owned, constituting a "public building", so going indoors while armed would be legally difficult.
Open Carry is not illegal in Wisconsin, and the Governor of Wisconsin recommends it

I would love to see someone use the Govs quote at their trial for disorderly conduct.
Hopefully the debate about Wisconsin carry (concealed or open) will be moot after November.
 

apjonas

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Now you would be carrying a concealed weapon - Wisconsin law does not differentiate between loaded/unloaded. The key for the people in Wisconsin is to vote Green (no - not environmental wacko - Mark Green). Wisconsin would have concealed carrytodayif the pro-gun forces hadn't got into a snit about Scott McCallum's less than perfect position in 2002. Unfortunately, WI is very weak in organization. WCCA's website's latest "news" is from March. A lot people want concealed carry but only if somebody delivers it with a red bow and no effort on their part. If Doyle wins, a open carry campaign is the only thing that can possibly (but doubtfully) work (compare Ohio) but again there isn't the stomach to do so. Perhaps some of the VCDL/OFCC people can visit WI and invigorate the effort?

Shotgun wrote:
The nice thing is that there are absolutely no schools near the state capitol or downtown Madison, e.g., State Street. Which is exactly where the legislature and supreme court people roam about.

Notice the school zone prohibition says one must KNOWINGLY take a gun into a school zone. Presumably right now one must carrya gun case with them and as one approaches a school zone unload and encase the firearm until one passes out of the zone. sheesh...

Then there's that curious provision for a "license" to takea firearminto the school zone. Would be interesting to see if the response if one applied for one!
 

Shotgun

Wisconsin Carry, Inc.
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If it's insane to carry openly in Madison, then how do you suggest one exercise their Constitutional right to bear arms? And no, most buildings downtown are not government buildings. I know because I work in one of them.

As far as school zones go (and vehicles) as I see it Wisconsin statutes require a firearm to be concealed (i.e. "encased") in certain circumstances-- while transporting in a vehicle and while in a school zone. Plus they must be unloaded.
 

lockman

State Researcher
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Aug 19, 2006
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Elgin, Illinois, USA
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For all it is worth I have written both my U.S. Senators and Representative about the "Gun free school zones act." Basically asking to correct the wording allowing exemption for regognized permits to carry and exemption where carry would be otherwise legal by state law even without a permit. Only hitch, WI has there own Gun free school zones act requireing the gun be unloaded.

WI self-defense supporters have to get the statutes changed or force a definative broad WI Supreme court decision on the matter, OC or CC. I am a part time WI non-resident and I let the local representatives know how I feel.

My two residences are in IL & WI not much worse than that for self defense. I sure know how to pick-em'!
 

Lammie

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, Wisconsin, USA
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Bear in mind that the "School Zone" prohibition does not only apply to open carry but would apply to concealed carry as well.
 

Lammie

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, Wisconsin, USA
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First to pkbites: Sir it is refreshing to see someone in the law enforcement community take such a pragmatic approach to our right to keep and bear arms in Wisconsin. I do have one comment concerning one of you postings. It concerned the open carry in downtown Madison where you made the comment that people would "freak out". So what. So what if people freak out because others are excersizing their legal and constitutional rights. Maybe that's what is needed to furthur the cause for a reasonable Personsl Protection Act.

Second: I'm a licensed FFL holder and a part time gunsmith. I belong to a number of gun rights forums. I conclude from the forums I belong to that we gun rights people are "sheep in wolves clothing". When everything is said and done, more gets said than done. There is also another axiom "the squeking wheel gets the most grease". It does little to discuss pro gun issues amoung ourselves. We are all of the same mindset. Each of us has to make noise in the general community. Things like letters to our legislature representatives. letters to the Attorney General, letters to the hundreds of newspapers in the state, letters to the Governor himself, letters to the local law enforcement.

One of the wonders of the internet is that we can express our opinions and do a lot of "squeaking" and furthur our cause at no cost.
 

lockman

State Researcher
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Lonnie Wilson wrote:
948.605 Gun−free school zones. (1) DEFINITIONS. In this
section:
(a) “Encased” has the meaning given in s. 167.31 (1) (b).
(ac) “Firearm” does not include any beebee or pellet−firing
gun that expels a projectile through the force of air pressure or any
starter pistol.
(am) “Motor vehicle” has the meaning given in s. 340.01 (35).
(b) “School” has the meaning given in s. 948.61 (1) (b).
(c) “School zone” means any of the following:
1. In or on the grounds of a school.
2. Within 1,000 feet from the grounds of a school.
(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds;
2. If the individual possessing the firearm is licensed to do so
by a political subdivision of the state or bureau of alcohol, tobacco
and firearms in which political subdivision the school zone is
located, and the law of the political subdivision requires that,
before an individual may obtain such a license, the law enforcement
authorities of the political subdivision must verify that the
individual is qualified under law to receive the license;
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;
4. By an individual for use in a program approved by a school
in the school zone;
5. By an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
6. By a law enforcement officer acting in his or her official
capacity;
or
7. That is unloaded and is possessed by an individual while
traversing school grounds for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
grounds is authorized by school authorities.
8. By a person who is legally hunting in a school forest if the
school board has decided that hunting may be allowed in the
school forest under s. 120.13 (38).

This is contained the Chapter "Crimes Against Children". This was missed by a lot of folk in this page.
Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
 

Shotgun

Wisconsin Carry, Inc.
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Madison, Wisconsin, USA
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lockman wrote:
Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.
 

ilbob

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Messages
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Location
, Illinois, USA
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Shotgun wrote:
lockman wrote:
Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.
Since it is rare to prosecute cops who commit even very serious crimes, on or off duty, it seems unlikely a minor and very technical violation such as you describe might be prosecuted.
 

Gray Peterson

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May 12, 2006
Messages
2,236
Location
Lynnwood, Washington, USA
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Shotgun wrote:
lockman wrote:
Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.

LEOSA makes it an impossibility for a person to be charged.
 

Lammie

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Feb 18, 2007
Messages
907
Location
, Wisconsin, USA
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Statute 941.23 implicibly allows a peace officer to carry a concealed weapon at all times. Where he/she can carry it while off duty becomes the question. Off duty means off duty. Unless an officer is called back to duty for a specific reason I would think he/she has no more authority than an average citizen, therefore, it would seem that in an off duty situation the rule in question would apply. However, in our legal system what is real and what is actual are two different things.
 

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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I just stopped by after reviewing the developments in VA's Tony 7 thread. I noticed not one mention of the damn NRA there or in this thread. Thank y'all.

I'll say it again. Wisconsin's PPA failed because the NRA will not cede their power to arm/disarm people.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KKKMA$$
 

Lammie

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Messages
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Location
, Wisconsin, USA
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I am a long time NRA member and I admit that I,too, am sometimes upset with some of it's actions. I especially don't like it's totarian attitude that they alone have all the answers on how to protect our gun rights. They refuse to coordinate with the other gun right organizations. A coalition of all gun right organizations is absolutely necessary unless we want to see our gun rights go the way of Great Britain, Australia and Canada. In defense of the NRA I have to say if it wasn't because of it's efforts our gun ownership would have gone down the toilet during the eight Clinton years. the The NRA often does take a radical approach to things I'm sure that it's blind sighted efforts to play "Doyle bashing" during the last election and it's refusal to play the legal open carry issue. cost us any hopes of getting a personal protection act adopted any year soon. I'm not sure if it's radical approach to solutions is by intent or a reflection of the organization. I do know that only radical actions get media attention. Normal law abiding citizens are not "newsworthy". I do know that dispite the NRA's selfish and arrogant attitudes it's legal department and 4million voter power is the best card we have to play.
 

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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I and evidently others will not support an effort with NRA on the letterhead. OC is legal in Wisconsin and that will end the NRA hegemony.

The 2A says 'shall not be infringed,' while the NRA's stock-in-trade is 'infringement.'

What are the words for 'expecting different effects from a single cause'? They are many, stupid, psychotic, unrealistic...

The conspiracy of ignorance masquerades as common sense. Beware, who agrees maybe fool too.
 

scorpio_vette

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nowhere
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apjonas wrote:
ilbob wrote:
A good start might be to get an AG opinion. A state legislator would be a good place to have an opinion requested. Once a favorable opinion was written, it could be disseminated to every LE agency in the state. Those desirous of open carrying could carry a copy of the opinion. 
ilbob - I don't think this would be a good idea given the current AG's attitude.  If things go as expected in November, the people in Wisconsin will have a new governor and concealed carry will be on the books by early 2008.  I think this may take away what little enthusiasm there is for an open carry challenge.

2008 huh??? guess things didn't go as expected huh??? bummer. sure would have been nice.
 

Mugenlude

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May 14, 2008
Messages
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Racine, WI
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Back from the dead!!!! Interesting to read some the opinions from the past, I think it was ilbob who stated what needed to happen with the AG (and it actually did happen!!!), just goes to show that there is hope for us, even as far fetched as it might seem currently.

We face the same challenge in 2010 as we did in 2008, only things have changed a little bit as Doyle isn't running with all of that money...
 
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