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Thread: WI Pamphlet?

  1. #1
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    I tried researching if anyone had posted an informational flyer on the laws regarding open carry in the State of WI, but I could not find anything. Is there such a thing that I can print out and carry with me while OC'ing? Thanks.

  2. #2
    Wisconsin Carry, Inc. Shotgun's Avatar
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    It would be nice, but I doubt LEO's would care what's in a flyer if they're having a problem with your OC. My attorney suggested carrying $150 for bail when I OC, so that's my "flyer."

    Either the LEO's would recognize the legality of OC or they won't. If they do, then "no problemo," if they aren't aware of the legality, then plan on getting booked and let your lawyer argue the legality for you.

    The Hamdan decision is a bit long to put into a flyer, so maybe carry a page from the Wisconsin Constitution containing Article I, Section 25 (with the helpful annotations)plus your lawyers phone number.
    A. Gold

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    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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    Not that I know.

    But the way you ask the question suggests that you should read Wisc. law on gun carry in general - 'open carry' per se is not addressed in Wisconsin Statutes, concealed carry is explicitly prohibited and prohibitions on gun carry is scattered all through the statutes, even in laws on home daycare services.

    Here is a link to the statutes http://www.legis.state.wi.us/rsb/stats.html

    Here is an Index http://www.legis.state.wi.us/rsb/Statutes.html

    Here is CHAPTER 941 CRIMES AGAINST PUBLIC HEALTH AND SAFETY containing Subchapter III WEAPONS containing 941.23 Carrying concealed weapon, for example http://www.legis.state.wi.us/statutes/Stat0941.pdf
    Attached Files Attached Files

  4. #4
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    Right to keep and bear arms. SECTION 25. [As created
    Nov. 1998]

    The people have the right to keep and bear arms for
    security, defense, hunting, recreation or any other lawful purpose.
    [1995 J.R. 27, 1997 J.R. 21, vote November 1998]

    The state constitutional right to bear arms is fundamental, but it is not absolute.
    This section does not affect the reasonable regulation of guns. The standard of
    review for challenges to statutes allegedly in violation of this section is whether the
    statute is a reasonable exercise of police power. State v. Cole, 2003 WI 112, 264
    Wis. 2d 520, 665 N.W.2d 328, 01−0350.

    The concealed weapons statute is a restriction on the manner in which firearms
    are possessed and used. It is constitutional under Art. I, s. 25. Only if the public
    benefit in the exercise of the police power is substantially outweighed by an individual’s
    need to conceal a weapon in the exercise of the right to bear arms will an
    otherwise valid restriction on that right be unconstitutional. The right to keep and
    bear arms for security, as a general matter, must permit a person to possess, carry,
    and sometimes conceal arms to maintain the security of a private residence or privately
    operated business, and to safely move and store weapons within those premises.
    State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056.

    A challenge on constitutional grounds of a prosecution for carrying a concealed
    weapon requires affirmative answers to the following before the defendant may
    raise the constitutional defense: 1) under the circumstances, did the defendant’s
    interest in concealing the weapon to facilitate exercise of his or her right to keep
    and bear arms substantially outweigh the state’s interest in enforcing the concealed
    weapons statute? and 2) did the defendant conceal his or her weapon because concealment
    was the only reasonable means under the circumstances to exercise his
    or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665
    N.W.2d 785, 01−0056.

    Under both Hamdan and Cole there are 2 places in which a citizen’s desire to
    exercise the right to keep and bear arms for purposes of security is at its apex: in
    the citizen’s home or in his or her privately−owned business. It logically and necessarily
    follows that the individual’s interest in the right to bear arms for purposes of
    security will not, as a general matter, be particularly strong outside those two locations.
    An individual generally has no heightened interest in his or her right to bear
    arms for security while in a vehicle. State v. Fisher, 2006 WI 44, 290 Wis. 2d 121,
    714 N.W.2d 495, 04−2989.

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