bnhcomputing
Founder's Club Member
imported post
I looked at the pamphlet and for a NEWBIE, which I am, I thought it looked fine.
I looked at the pamphlet and for a NEWBIE, which I am, I thought it looked fine.
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Wisconsin Open Carry Pamphlet
- Thread starter Parabellum
- Start date
Doug Huffman
Banned
imported post
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Decoligny
Regular Member
imported post
Though not specifically related to Open Carry, I think it might be a good idea to add the rest ofthe School Zone Act, just so everyone knows how to legally get through the School Zones.
[align=left]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;[/align]
[align=left]3. That is not loaded and is:[/align]
[align=left]a. Encased; or[/align]
[align=left]b. In a locked firearms rack that is on a motor vehicle;[/align]
[align=left]4. By an individual for use in a program approved by a school in the school zone;[/align]
Though not specifically related to Open Carry, I think it might be a good idea to add the rest ofthe School Zone Act, just so everyone knows how to legally get through the School Zones.
[align=left]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;[/align]
[align=left]3. That is not loaded and is:[/align]
[align=left]a. Encased; or[/align]
[align=left]b. In a locked firearms rack that is on a motor vehicle;[/align]
[align=left]4. By an individual for use in a program approved by a school in the school zone;[/align]
imported post
[align=left]State vs. Hamdan, This case annunciates the states necessity to provide for a manner of carry or wield to amendment.
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[align=left]How about -[/align]
[align=left]State v. Hamdan, 264 Wis. 2d 433, 665 N.W.2d 785 (2003) . The Wisconsin Supreme Court established a (restrictive) three-pronged test to determine whether a person charged with violation of Wis. Stat. 941.23 may raise a constitutional defense. The Court found that Article I, Section 25 does not establish an unfettered right to bear arms." Likewise, the court recognized in Hamdan, as it had in Cole, that " Wisconsin's prohibition of the carrying of concealed weapons is, as a general matter, a reasonable exercise of police power." The tests (all of which must be answered in the affirmative) are:[/align]
(1) Under the circumstances, did the defendant's interest in concealing the weapon to facilitate exercise of his right to keep and bear arms substantially outweigh the State's interest in enforcing the concealed weapons statute? The State generally has a significant interest in prohibiting the carrying of concealed weapons. Thus, to satisfy this element, the defendant must have been exercising the right to keep and bear arms under circumstances in which the need to do so was substantial.
(2) Did the defendant conceal his weapon because concealment was the only reasonable means under the circumstances to exercise his right to bear arms? Put differently, did the defendant lack a reasonable alternative to concealment, under the circumstances, to exercise his constitutional right to bear arms?
(3) The defendant was not carrying the weapon for an unlawful purpose.
[align=left]State vs. Hamdan, This case annunciates the states necessity to provide for a manner of carry or wield to amendment.
[/align]
[align=left]How about -[/align]
[align=left]State v. Hamdan, 264 Wis. 2d 433, 665 N.W.2d 785 (2003) . The Wisconsin Supreme Court established a (restrictive) three-pronged test to determine whether a person charged with violation of Wis. Stat. 941.23 may raise a constitutional defense. The Court found that Article I, Section 25 does not establish an unfettered right to bear arms." Likewise, the court recognized in Hamdan, as it had in Cole, that " Wisconsin's prohibition of the carrying of concealed weapons is, as a general matter, a reasonable exercise of police power." The tests (all of which must be answered in the affirmative) are:[/align]
(1) Under the circumstances, did the defendant's interest in concealing the weapon to facilitate exercise of his right to keep and bear arms substantially outweigh the State's interest in enforcing the concealed weapons statute? The State generally has a significant interest in prohibiting the carrying of concealed weapons. Thus, to satisfy this element, the defendant must have been exercising the right to keep and bear arms under circumstances in which the need to do so was substantial.
(2) Did the defendant conceal his weapon because concealment was the only reasonable means under the circumstances to exercise his right to bear arms? Put differently, did the defendant lack a reasonable alternative to concealment, under the circumstances, to exercise his constitutional right to bear arms?
(3) The defendant was not carrying the weapon for an unlawful purpose.
smithman
Regular Member
imported post
I don't think the language of the CC prohibition in WI favors the "partial concealment" theory. After reading on the Mississippi forum, for example, the state bans carrying a handgun "concealed in whole or in part". This clearly makes a CC licence required for OC.
The WI statues have no such language. I know there was that one oddball case of that guy arrested for carrying a gun and it was considered CC since a holster concealed part of the gun. But the language of the laws don't support this conclusion. And I believe the guy was never charged with CC anyway. Furthermore, we don't know what type of holster he was using. Maybe he had an IWB and only the top of his grip or the hammer was exposed. It could have been interpreted by a cop as sloppy CC. I don't recall being able to read these details anywhere.
I don't think the language of the CC prohibition in WI favors the "partial concealment" theory. After reading on the Mississippi forum, for example, the state bans carrying a handgun "concealed in whole or in part". This clearly makes a CC licence required for OC.
The WI statues have no such language. I know there was that one oddball case of that guy arrested for carrying a gun and it was considered CC since a holster concealed part of the gun. But the language of the laws don't support this conclusion. And I believe the guy was never charged with CC anyway. Furthermore, we don't know what type of holster he was using. Maybe he had an IWB and only the top of his grip or the hammer was exposed. It could have been interpreted by a cop as sloppy CC. I don't recall being able to read these details anywhere.
bnhcomputing
Founder's Club Member
imported post
Just wondering if you have an updated version available. I'd be very interested, as a first step to educate our elected officials, I'd place at each seat and/or handout the pamphlets at various board meetings to elected officials, general public, and the press.
Just wondering if you have an updated version available. I'd be very interested, as a first step to educate our elected officials, I'd place at each seat and/or handout the pamphlets at various board meetings to elected officials, general public, and the press.
AaronS
Regular Member
imported post
Pointman wrote:
To be honest, I would love to make up a pamphlet the is made just for the police. One that states every law and example of law that we have. This way, when stopped, I could just clam up, and hand over a sheet of paper for them to read, and learn.
Pointman wrote:
To be honest, I would love to make up a pamphlet the is made just for the police. One that states every law and example of law that we have. This way, when stopped, I could just clam up, and hand over a sheet of paper for them to read, and learn.
AaronS
Regular Member
imported post
Had to go get my ID...
I carry this card...
http://i295.photobucket.com/albums/mm125/aasky/card.jpg
http://i295.photobucket.com/albums/mm125/aasky/card2.jpg
Had to go get my ID...
I carry this card...
http://i295.photobucket.com/albums/mm125/aasky/card.jpg
http://i295.photobucket.com/albums/mm125/aasky/card2.jpg
bnhcomputing
Founder's Club Member
imported post
This is the most recent (updated) version of the Wisconsin pamphlet. Para updated it, and I had 5,000 printed. If you would like some of the already printed/folded ones PM and I'll send them to you.
This is the most recent (updated) version of the Wisconsin pamphlet. Para updated it, and I had 5,000 printed. If you would like some of the already printed/folded ones PM and I'll send them to you.
Venator
Anti-Saldana Freedom Fighter
imported post
Decoligny wrote:
Decoligny wrote:
Don't forget Michigan's http://home.comcast.net/~gosirr/Brochure10-29-08a.doc