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Thread: open carry while hunting in wisc

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    can you open carry a handgun while hunting in wisconsin while useing a long gun for hunting? and does anyone know when wisc is voting on CCW?

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    mikeast377 wrote:
    can you open carry a handgun while hunting in wisconsin while useing a long gun for hunting? and does anyone know when wisc is voting on CCW?
    Yes you can Carry more than one firearm with you while hunting, but if you are archery hunting and have a firearm, the DNR will most likely cite you for it. I carry a sidearm when I am hunting upland birds, squirrel, deer with a rifle, and just out sniffing around the woods for whatever reason.

    CCW privileges have been shot down byour Governors veto multiple times, we almost had a veto-override but a few people switched sides and killed our chances again. I feel that the only way we are ever going to get any CCW rights is when we elect a new governor that is more aware that CCW lowers violent crime rates.

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    when you carry a handgun while u hunt as long as you can see the handle and is in holster you can carry. cause i have a tactical army vest where the holster is in front on the vest or do you have to carry on you hip?

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    It's true that the governor vetoed concealed carry twice, however you have the option to open carry. He has spoken in favor of open carry in public. He objects to people carrying hidden firearms.

    You can carry a handgun anywhere on your body as long as it is visible by normal observation.

    The question on handgun carry while hunting has a complicated answer. If you are on or in any vehicle (does not need to be motorized) the handgun can not be in a holster unless the holster completely conceals the handgun(the handgun must be unloaded), If the holster does not completely conceal the handgun then the handgun must be unloaded and enclosed in a carrying case. For instance if you are using an ATV for getting to and from your hunting spot the handgun must be either unloaded and completely concealed within the holster or unloaded and encased in a carrying case while you are on the ATV. The handgun can only be unloaded after you dismount the ATV. That scenario begs the question Are you then going armed with a concealed and dangerous weapon while on the ATV because you aren't able to carry the firearm out of reach? And then there is a question of barrel length. If you are hunting small game the minimum barrel length when measured from the firing pin to the end of the muzzle must be at least 4 1/2 inches. If you are hunting large game then the minimum barrel length from firing pin to muzzle must be 5 1/2 inches with a minimum caliber of 22 centerfire. If the handgun is blackpowder then it must have a minimum barrel length of 7 inches when measured as above and a minimum caliber of .44. Black powder revolvers are not allowed during the special muzzleloader season because they are not loaded from the muzzle.

    If you carry a handgun that doesn't meet the criteria above then you are doing what the chant on this forum is all about. You are open carrying a firearm in exercise of your Wisconsin constitutional rights. There is no maximum number of firearms you can carry while hunting. If you do elect to carry an exposed hangun during deer season and that handgun has a barrel length less than 5 1/2 inches the handgun is not a legal firearm for deer hunting and you are then going armed in order to excercise your Wisconsin constitutional rights. How would a game warden respond? Your guess is as good as mine. You might have to talk pretty fast to convince the warden that you are carrying an illegal handgun for deer hunting for the purpose of personal safety if you are at the same time carrying, lets say, a 30-06 semi-automatic rifle.

    I'm not intentionaly trying to sound negative. I'm on your side. I just bring this up to illustrate how absolutely stupid the Wisconsin hunting laws are when it comes to handguns.

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    In my post concerning the stupid handgun hunting rules: this is an example of the stupidity. I have an open sighted .32S&W caliber Iver Johnson break top revolver with a 5 1/2 inch barrel. It is a legal handgun for deer hunting. I also have a scope mounted 44 Magnum revolver with a 5 inch barrel. It is not legal for deer hunting. Go figure.

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    Lammie wrote:
    In my post concerning the stupid handgun hunting rules: this is an example of the stupidity. I have an open sighted .32S&W caliber Iver Johnson break top revolver with a 5 1/2 inch barrel. It is a legal handgun for deer hunting. I also have a scope mounted 44 Magnum revolver with a 5 inch barrel. It is not legal for deer hunting. Go figure.
    Lammie, I beleive barrel is measured from firing pin. Also, you can carry, under the scope of the law, while bowhunting. Please correct me if I'm mistaken on this, but I am under the impression this has not changed, but you never know.

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    Borrowed time:

    It is my opinion that Wisconsin citizens can lawfully open carry firearms of any caliber and size, including handguns, statewide and at all times and places except for the following prohibited locations:

    -Buildings owned or leased by a political unit of government.
    -Handguns in places that serve on-sale alcohol. Allowed with owner approval.
    -In or on a vehicle.
    -On public property within 1000 feet of a school zone of a school that teaches grades 1 through 12.
    -24 hour prior to start of gun deer season.

    Archery hunting is not included in the above restrictions nor is there any specific prohibition in the 2008 hunting regulations or in Chapter 29 of state statutes. If a person has a small game license in addition to their archery license it certainly would not be illegal to carry a handgun that meets the minimum barrel length of 4 1/2 inches.

    The barrels of the handguns mentioned in your quote from my post were measured from the firing pin to the muzzle(please re-read my previous post). I just wanted to illustrate how ridiculous our state handgun hunting regulations are and how they add to confusion of Wisconsin firearm laws in general. They are even more ridiculous when you consider that the muzzle energy of the 44Magnum is 1313 foot pounds while the muzzle energy of the 32S&W is 97 foot pounds.



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    Minimum hand gun barrel length for small game is an even 4 inches.
    A. Gold

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

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    Sorry Lammie, I didn't catch that part of your earlier post at first. You are correct in your assessment of the stupidity of the handgun laws. I can't see however if I have a short barrel handgun on me legally (open carry) that I could be arrested for hunting with a too short barrel if I am not actually hunting with said weapon.

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    how do u measure barrelit correctly?

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    Depth micrometer referenced to muzzle crown and measuring to the bolt face.

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    Doug Huffman wrote:
    Depth micrometer referenced to muzzle crown and measuring to the bolt face.
    Yes, or just stick a dowel or pencil down the barrel, draw a line, measure the length. I believe I've heard that's what the ATF does.
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    Yup sshotgun, Istand corrected the minimum barrel lengtth of a handgun used for hunting is 4 inches. I was writing from memory from years ago and should know better.

    When measuring the barrel length of a revolver you must also include the cylinder. The rules say barrel length is measured from the firing pin to the muzzle.

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    Lammie wrote:
    Yup sshotgun, Istand corrected the minimum barrel lengtth of a handgun used for hunting is 4 inches. I was writing from memory from years ago and should know better.

    When measuring the barrel length of a revolver you must also include the cylinder. The rules say barrel length is measured from the firing pin to the muzzle.
    That's correct, and interestingly, my SP101 with a 2.25 inch barrel is only about 1/16 of an inch shy of being legal for hunting by my quick measurement using a dowel down the barrel.
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    Much to the disapproval of those around me, I carry my .44 mag Super Blackhawk with me when I hunt deer, small game, whatever. I do it not to exercise my rights (not primarily anyway) but logistically with all of the bear and wolves around where I hunt it's necessary.

    I know my statement about there being wolves and bear where the DNR state they aren't is probably wrong since they have such a great handle on things, but considering I walked up on 2 bear while making my way to my stand early one morning and saw the wolves one afternoon underneath my stand, well, I think since I have 20/14 vision and have watched enough Sesame Street to know the difference between wolves and dead fall, I saw wolves near Birnamwood.

    Ok, rant over.

    When small game hunting I will carry a sidearm as well, although it isn't usually the big boy unless I am up in an area where I need it. Sometimes when clearing coon out from around the corn cribs with my shotgun I will bring what I believe I need, plus a little more. It never hurts to have something smaller that makes those close shots easier to get off in certain confined conditions.

    I aim to misbehave

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    opusd2:

    In my opinion carry of a backup firearm while hunting is perfectly lawful so long as it is not concealed. You are excerscising your RKBA rights because security (protection from perceived danger as defined by the SSC) is one of the activities contained in Article I section 25. If you are also carrying a weapon (bow or firearm) that is legal, for harvesting the game you are hunting, then the backup handgun can be any size, shape or caliber. If the handgun is your only weapon and you are in the act of hunting then it had better meet the rules I cited earlier. IANL

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    Lammie wrote:
    opusd2:

    In my opinion carry of a backup firearm while hunting is perfectly lawful so long as it is not concealed. You are excerscising your RKBA rights because security (protection from perceived danger as defined by the SSC) is one of the activities contained in Article I section 25. If you are also carrying a weapon (bow or firearm) that is legal, for harvesting the game you are hunting, then the backup handgun can be any size, shape or caliber. If the handgun is your only weapon and you are in the act of hunting then it had better meet the rules I cited earlier. IANL
    Lammie I completely agree with you on this, but I may have read something about it being illegal to possess a handgun while bow hunting. Perhaps the wording was "hunting with a handgun during bow season". One would have to review the pages of DNR regs. Granted though a right should trump a DNR rule. I always carry a handgun when hiking but I would be even more likely to carry a .357 when bow hunting.

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    Smithman:

    I seem to recall seeing that carrying a handgun while archery hunting was illegal myself. It must have been an old regulation. I have scoured the 2008 deer hunting regulations word for word and can find no reference to it. That is why it's important that we read the hunting regulations every year. The DNR has rule making authority that is Prima Facie. They can change the regulations at will and the changes are considered law unless proved otherwise in court. Shotgun caught me on this one. I remembered that at one time the minimum barrel length for a handgun used for small game was 4 1/2 inches. Shotgun informed me it was 4 inches. Sure enough it had been changed and I was caught in my unawares. The DNR is all powerful. Let us remove our hunting caps and bow to the DNR.

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