A Way to Get More Info Out To The Public?

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My father in law and I were talking about how to get info out to the general public better. What if someone were to make a flyer with info about open carry being legal and also some info about laws regarding to actually going out and open carrying in case some people might be interested in joining in. Also might be a good idea to include some firearm safety rules to make uninformed people aware that we take safety very seriously and is the most important part of firearms. We could then hand these flyers out at malls or other public areas while open carrying. What do you guys think about this? I would be willing to help with parts of making the flyer and also finding people to hand out the flyers.

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The Firearms Coallition has a card available for concealed carriers to hand out. Maybe we could use it to pattern one for open carriers.

Here is the link to their CCW card:

http://www.firearmscoalition.org/index.php?option=com_content&task=view&id=356&Itemid=133

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We have a pamphlet, I'll upload it again here for reference.

I have 5,000 printed and folded. They will be available to the general public at the La Crosse County picnic. If you travel from another part of the state, I will gladly give you a bunch to take home. We should start with getting the pamphlet into every gun store, and have them available at the gun shows.

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That's exactly what I was looking for. I will print some out and take them to gun shops and shows in my area. Thank you

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First, don't give me all the thanks, Para did ALL the work to get this ready, I simply paid the bill for the printing.

Second, As I stated, I already have 5,000 professionally printed and folded. Just PM me with your address and I can ship them to you.

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The following constitutional amendments and Wisconsin statutes are important to open carry.




2[suP]nd[/suP] Amendment to the constitution of the United States.

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”.




Article I section 25 of the Wisconsin constitution.

“The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose”.




66.0409 Local Regulation of Firearms.

Except as provided in subs (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any firearm or part of a firearm, including reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than a state statute.




941.23 Carrying Concealed Weapons

Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.







Prohibited areas:




941.235 Carrying Firearms in a Public Building

(1)Any person who goes armed with a firearm in any buildings owned or leased by the state or any political subdivision of the State is guilty of a class A misdemeanor.

Note: Only applies to the buildings not the land.




941.237 Carrying handgun where alcohol beverages may be sold and consumed

(2)Whoever intentionally goes armed with a handgun on any premises for which a Class B or Class A license has been issued under ch. 125 is guilty of a Class A misdemeanor.

Note: Only applies to handguns not long guns.

Note: Alcohol must be sold and consumed on the premises.




948.605 Gun Free School Zones

(2) Possession of Firearm in a school zone

(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has a reasonable cause to believe is a school zone is guilty of a Class I felony.



Note: School Zone is defined as 1000feet from the edge of school property.

Note: Applies to only public, private or parochial schools that teach grades 1 through 12. K is not included. Does not include Universities, Colleges, Technical schools etc.

167.31(2)(b) Transportation of firearms in vehicles

Except as provided in Sub (4), no person may place, posses or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

Note: The penalty for an infraction is a fine to not exceed one hundred dollars.

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You forgot 943.13(2). If you enter property that hastwo qualifying "no guns" signs you have trespassed.




[align=left]943.13 Trespass to land. (1e) In this section:[/align]

[align=left](az) “Implied consent” means conduct or words or both that imply that an owner or occupant of land has given consent to another person to enter the land. Business owners are assumed to give implied consent to enter their business for the purpose of buying their merchandise. [/align]

[align=left](c) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.[/align]

[align=left](d) “Place of employment” has the meaning given in s. 101.01[/align]

[align=left](11).[/align]

[align=left](e) “Private property” means real property that is not owned by the United States, this state or a local governmental unit.[/align]

[align=left](1m) Whoever does any of the following is subject to a Class B forfeiture:[/align]

[align=left](b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.[/align]

[align=left](1s) In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:[/align]

[align=left](a) Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.[/align]

[align=left](b) The customary use, if any, of the land by other persons.[/align]

[align=left](c) Whether the owner or occupant represented to the public that the land may be entered for particular purposes.[/align]
(d) The general arrangement or design of any improvements or structures on the land.

(2) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:


[align=left](a) If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word “owner” if the person giving the notice is the holder of legal title to the land and by the word “occupant” if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph. [/align]

[align=left][/align]

[align=left]DO NOT ENTER POSTED PROPERTY.[/align]

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Jesus:

I was aware of ss)943.13 but did not include it because of controvery over "implied consent". As a landowner I had a hunting experience over implied consent that was very confusing. All I learned was that there is nothing but confusion surrounding what "implied consent" means. The incident involved a group of hunters I did not want to hunt my woods. From what I was told the fact that I and other relatives hunted the property gave "implied consent". Furthur if I posted the property then the relatives could not hunt the property unless they lived with me and were considered occupants. How's that for "a man's home is his castle". Unfortunately the tresspass law is enforced by county law enforcement so in all probability there are 72 interpretations of it.

Also the statement (az) "Business owners are assumed to give implied consent to enter their business for the purpose of buying their merchandise" seems to imply that the posting of their premisis would be contrary to that statement.

Because of the confusion over what "implied consent" really meansI chose to not include the statute until there is a court opinion. Thanks for being alert and calling attention to what can turn out to be another impediment to our constitutional right to open carry.

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Lammie, not to take this off-topic, but in the case of land posted, would not a sign stating "no trespassing without permission" take care of your situation?

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That is what is so absurd about the trespass law. It already presumes that you can't enter someone's land without permission unless there is implied consent. At least that's how it was explaineed to me. Where it is on topic and how it applies to open carry is that the trespass law, I believe, onlyrestricts entry. Your conduct after entry determines if you can remain. If your conduct is offensive to the owner/occupant he/she can then apply the trespass law to ask you to leave, at which time you must. Open carry of a firearm would probably be considered conduct. Thequestion then becomes " if you post your business, land or propertycan you only restrict entry or can you also regulate conduct"?

The trespass statute is as absurd and convoluted as the vehicle transport statute. It's as if they were written by morons.

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Lammie wrote:

Where it is on topic and how it applies to open carry is that the trespass law, I believe, onlyrestricts entry. Your conduct after entry determines if you can remain. If your conduct is offensive to the owner/occupant he/she can then apply the trespass law to ask you to leave, at which time you must.

Click to expand...

If the property is posted with qualifying"no guns" signs in 2 "conspicuous" places for every 40 acres then simple entry would constitute trespass "prima facie".

They can still ask us to leave and we would have to do so, because we have been "notified", the signs are considered the same notification IF they meet requirements and they constitute notice BEFORE entry.

However, if a business is posted, we would be trespassing once we entered, if given verbal notice we can then leave before we are considered in violation of the trespass statute.

So do not violate "no guns" signs on private property or you will be in violation of WI St 943.13

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I in no way suggest that "No guns allowed" signs be ignored. Doing so will certainly get you in a situation you don't want to be in. I only pointed out what could be a technicality within the law. For the time being it's better to err on the side of caution.