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Open Carry?

A

azebolsky

Regular Member
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Jul 25, 2008
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44
Location
Marshall, Michigan, USA
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So I was offered a job in WI, but I can't really find anything on where you can and cannot carry openly in the state of WI. Can someone please point me to a thread that'll further explain in details what's legal and what is not?

*S*
 
G

GJD

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Feb 15, 2008
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Kenosha, Wisconsin, USA
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You "can" open carry anywhere provided that it is not in a school zone, bar, or government building. But you may very well be detained or arrested for doing so. Kind of an oxymoron. Can but cant.

I open carry when outside on my property, occasionally when I go to local stores. I have been detained, threatened with arrest, and released before.

I would encourage you to excersize your right to carry a firearm for self protection but you should be aware of potential problems. Wisconsin is not a bad place to live other than relations to firearms laws and taxes.
 
P

Parabellum

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May 3, 2008
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Milwaukee, Wisconsin, USA
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This is a pamphlet that was made, I just updated it a bit ago with corrections to the cited cases, State vs Terry is actually Terry Vs Ohio. Hopefully this points you in the right direction.
 
Shotgun

Shotgun

Wisconsin Carry, Inc.
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Aug 23, 2006
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2,668
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Madison, Wisconsin, USA
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GJD wrote:
You "can" open carry anywhere provided that it is not in a school zone, bar, or government building. But you may very well be detained or arrested for doing so. Kind of an oxymoron. Can but cant.

I open carry when outside on my property, occasionally when I go to local stores. I have been detained, threatened with arrest, and released before.

I would encourage you to excersize your right to carry a firearm for self protection but you should be aware of potential problems. Wisconsin is not a bad place to live other than relations to firearms laws and taxes.
Click to expand...
I think some of the above should be clarified. Without special permission (which you are not likely to get) you cannot even possess a firearm in any school or government building. You can possess a firearm within a "school zone" provided it is unloaded and encased. A school zone is any place within 1000' feet of the property on which a school sits (K-12 schools). "School zone" does not include private property within that area. Technically one has to have a reason to believe they're in a school zone to get convicted of violating the school zone restriction, but why chance it? Be aware of where the schools are in your community.

You can legally possess a handgun in a place that serves alcohol if it's a private club or public club or in a regular tavern or alcohol-serving restaurant with the permission of the owner. What are the odds of getting that? Of course if you ARE the owner of the bar or restaurant you can legally open carry, you can even conceal carry. There is no restriction on long guns in places that serve alcohol.

You can have firearms in your vehicle, but they must be unload and encased.

Basically you can legally OC in at least 99% of the state, but there are enough areas that are off limits to take some of the fun out of it. :p
 
G

GJD

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236
Location
Kenosha, Wisconsin, USA
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Shotgun wrote:
GJD wrote:
You "can" open carry anywhere provided that it is not in a school zone, bar, or government building. But you may very well be detained or arrested for doing so. Kind of an oxymoron. Can but cant.

I open carry when outside on my property, occasionally when I go to local stores. I have been detained, threatened with arrest, and released before.

I would encourage you to excersize your right to carry a firearm for self protection but you should be aware of potential problems. Wisconsin is not a bad place to live other than relations to firearms laws and taxes.
Click to expand...
I think some of the above should be clarified. Without special permission (which you are not likely to get) you cannot even possess a firearm in any school or government building. You can possess a firearm within a "school zone" provided it is unloaded and encased. A school zone is any place within 1000' feet of the property on which a school sits (K-12 schools). "School zone" does not include private property within that area. Technically one has to have a reason to believe they're in a school zone to get convicted of violating the school zone restriction, but why chance it? Be aware of where the schools are in your community.

You can legally possess a handgun in a place that serves alcohol if it's a private club or public club or in a regular tavern or alcohol-serving restaurant with the permission of the owner. What are the odds of getting that? Of course if you ARE the owner of the bar or restaurant you can legally open carry, you can even conceal carry. There is no restriction on long guns in places that serve alcohol.

You can have firearms in your vehicle, but they must be unload and encased.

Basically you can legally OC in at least 99% of the state, but there are enough areas that are off limits to take some of the fun out of it. :p
Click to expand...


True, thanks for the clarification. So yes, in theory you can strap on an AK-47 and head over to Hooters, but you might get some unwanted attention. :cool:
 
A

azebolsky

Regular Member
Joined
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Location
Marshall, Michigan, USA
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Thanks fellas. That did help clarify some things. Now I just need to find out if my CPL will be accepted in WI or not. Still haven't found anything on that either - but it's not looking good.

As to being hassled, cuffed, "disarmed", harangued, and mistreated, I've been through that all in the beautiful state of Michigan, land of lakes, Canadian trash, and sinking ships.

Keep at the fight folks. Some day, our rights will be restored fully.

*S*
 
D

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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A concealed weapon is explicitly and notoriously illegal. Only LEOSA permits are arguably recognized in Wisconsin.

http://www.legis.state.wi.us/statutes/Stat0941.pdf
941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding s. 939.22 (22), for purposes of this section, peace officer does not include a commission warden who is not a state-certified commission warden.
Click to expand...

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 KMA$$
 
L

Lammie

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Joined
Feb 18, 2007
Messages
907
Location
, Wisconsin, USA
imported post

Shotgun:
Not meaqning to be nit-picky but the school zone law only applies to schools which contain grades 1 thru 12. Facilities that teach only pre-school and/or Kindergarten are not included.
 
Shotgun

Shotgun

Wisconsin Carry, Inc.
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Madison, Wisconsin, USA
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Lammie wrote:
Shotgun:
Not meaqning to be nit-picky but the school zone law only applies to schools which contain grades 1 thru 12. Facilities that teach only pre-school and/or Kindergarten are not included.
Click to expand...
Yeah I think you're probably right Lammie. I was being lazy and writing from my increasingly fuzzy memory. Thanks!
 
Shotgun

Shotgun

Wisconsin Carry, Inc.
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2,668
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Madison, Wisconsin, USA
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azebolsky wrote:
Thanks fellas. That did help clarify some things. Now I just need to find out if my CPL will be accepted in WI or not. Still haven't found anything on that either - but it's not looking good.

As to being hassled, cuffed, "disarmed", harangued, and mistreated, I've been through that all in the beautiful state of Michigan, land of lakes, Canadian trash, and sinking ships.

Keep at the fight folks. Some day, our rights will be restored fully.

*S*
Click to expand...
It will be accepted as a valid form of ID! But it won't allow you to carry concealed.
 
M

Malum Prohibitum

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Parabellum wrote:
This is a pamphlet that was made, I just updated it a bit ago with corrections to the cited cases, State vs Terry is actually Terry Vs Ohio. Hopefully this points you in the right direction.
Click to expand...
So, what are people doing with this pamphlet?
 
S

smithman

Regular Member
Joined
Oct 28, 2007
Messages
718
Location
Waukesha, Wisconsin, USA
imported post

Malum Prohibitum wrote:
Parabellum wrote:
Hopefully distributing it so that it will help raise public awareness of Open Carry in Wisconsin.
Click to expand...
To police? The public?
Click to expand...
I would be a little reserved to distribute the document as written to police..it could become pocket reference reminder on how to oppress us with the school zone restriction.

I would rather stay general with cops like talking about taverns and government buildings which are more common restrictions. Most schools are government buildings anyways.
 
A

apierce918

Regular Member
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Jan 7, 2009
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Appleton, WI
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Hello, im new to the forums as i am originally from MI (as per the OP) i was used to carrying concealed in michigan after getting my permit early last year, in August i got a contract job with oshkosh corporation and am now living in the fox valley. since i cannot conceal, and the future shows nothing promising, i want to OC since i dont know anybody out here to begin with, and have to walk my dog often (1 1/2 year old lab too much energy) and there are a bunch of trails for the walkin!

anyway, my question, is how should you make the transition from home ->car -destination -> to hip?

i mean, you have to carry your gun in a case and unloaded (usually i have the gun/case in the trunk and a mag in my console because as soon as i get to either indiana or michigan if i go north, i can re-holster.

SO if you cant open carry in your car, you cant conceal carry in your car, is it presumably ok to get out, load your gun and holster it in plain view before going about your business?

I had a nice long talk with some guys at work concerning some of the laws from where I come from and how they make sense, they all seemed pretty accepting of it which is nice :)
 
D

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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That's what I do. I keep the OEM box in the car.

I approach the car, draw, drop the magazine, take the safety off, rack the slide back and locked, dropping the round into the car seat. Put the piece in the box locked back, with the magazine and loose round. The box goes under the seat. If the gun is in the car then I lock it, otherwise never on the Island.

At destination I retrieve the box, insert the mag, release the slide lock to battery, safe, drop the mag, insert the loose round, replace the mag and holster the piece.
 
M

Malum Prohibitum

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Doug Huffman wrote:
That's what I do. I keep the OEM box in the car.

I approach the car, draw, drop the magazine, take the safety off, rack the slide back and locked, dropping the round into the car seat. Put the piece in the box locked back, with the magazine and loose round. The box goes under the seat. If the gun is in the car then I lock it, otherwise never on the Island.

At destination I retrieve the box, insert the mag, release the slide lock to battery, safe, drop the mag, insert the loose round, replace the mag and holster the piece.
Click to expand...
Has this ever created any problems for you? Legal problems? Crowds running for their lives? SWAT team response? Women fainting?
 
D

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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I have 717 year around neighbors and a third of them are in Florida at any given time during the cold season. During the tourist season we have about 3000. No, I doubt any one has ever noticed me manipulating my piece.

Note too that most of my business is conducted at the Town office that is co-located with our 'one-room' K-12 school, gymnasium, clinic, library branch. So I am seldom able to go armed to town.

What might the law enforcement be? Our junior cop was asked hypothetically what his response to an armed home owner on his own property be? He responded with "prone 'em out at gunpoint and cuff 'em. It's a high risk call." I have since been stonewalled in convincing the OIC cop that his use of force policy (66.0511 - ?) is defective.

What might a neighbor's response be? "Blaze orange is the only way to keep from being killed during hunting season" and "anything other than a shotgun is too dangerous" according to them. So I tread carefully.

Now if some outside agitators that knew the law were to come to the Island then I am in position to 'help'.
 
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