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Thread: From Washington State, will visit Milwaukee, WI for a week

  1. #1
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    What are the legal issues I should be aware of here? I have seen that there is no reciprocity, but that OC is legal. What about CC?

  2. #2
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    cc prohibited oc legal but harassed with disorderly conduct charges

    a loaded OR accessable gun in or on a vehicle is prohibited as concealed

  3. #3
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    Well, No1 definately isn't on top of things.

    1. NO CC, period.

    2. NO firearmes within 1000' of a school (having knowlege of said school) except unloaded and encased. It is lawful to OC on PRIVATE PROPERTY (business parking lots) within the 1000' GFSZ. (SS 948.605)

    3. No handguns in taverns or restaurants that sell alcohol for CONSUMPTION.

    4. No OC/CC in a vehicle. Firearm must be unloaded, encased, and in the farthest "out of reach" location in passenger compartment. DO NOT PLACE HANDGUN AND CASE IN GLOVE BOX OR OTHER "CONCEALED" LOCATION!.

    5. No firearms in public buildings (courthouses, city hall, etc.)

    Most cities and counties have a ban on firearms in parks. This is generally accepted to be preempted by state statute but has not been pressed in the courts (yet). OC in a park at your own risk. You won't (shouldn't) be arrested and/or charged with DC any longer in WI. If stopped, turn on your digital voice recorder, and ask if you are free to leave (setting stage for lawful Terry stop).
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  4. #4
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    Mike wrote:
    State v. Alloy,616 N.W.2d 525 (Wis. App. 2000) which holds that possessing even an encased and unloaded gun within arms reach is unlawful concealment. See http://opencarry.mywowbb.com/forum66/27200.html.

  5. #5
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    sgtschultz used to say, "I know nothing!"

  6. #6
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    Doug Huffman wrote:
    sgtschultz used to say, "I know nothing!"
    Actually, I was a SGT when I was discharged (honorably that is).
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  7. #7
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    Doug Huffman wrote:
    Mike wrote:
    State v. Alloy,*616 N.W.2d 525 (Wis. App. 2000) which holds that possessing even an encased and unloaded gun within arms reach is unlawful concealment.* See http://opencarry.mywowbb.com/forum66/27200.html.
    LINKY Busted

  8. #8
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    Woodchuck wrote:
    Doug Huffman wrote:
    Mike wrote:
    State v. Alloy,616 N.W.2d 525 (Wis. App. 2000) which holds that possessing even an encased and unloaded gun within arms reach is unlawful concealment. See http://opencarry.mywowbb.com/forum66/27200.html.
    LINKY Busted
    Or your browser's busted. It just worked for me.

  9. #9
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    Doug Huffman wrote:
    Woodchuck wrote:
    Doug Huffman wrote:
    Mike wrote:
    State v. Alloy,*616 N.W.2d 525 (Wis. App. 2000) which holds that possessing even an encased and unloaded gun within arms reach is unlawful concealment.* See http://opencarry.mywowbb.com/forum66/27200.html.
    LINKY Busted
    Or your browser's busted.* It just worked for me.
    I'm on here so my browser must be just fine,

    Got it again

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    Search opencarry.mywowbb.com for forum 57 66 27200
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    Got it now, 3 failures and now it works

  10. #10
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    So according to this


    State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because “Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach.”)




    The way I'm currently transporting my firearm is not legal?


    I have this
    http://casesforguns.com/secure-it-handgun-safe.html
    secured under my seat to the seat mount.

  11. #11
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    Woodchuck wrote:
    So according to this


    State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because “Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach.”)




    The way I'm currently transporting my firearm is not legal?


    I have this
    http://casesforguns.com/secure-it-handgun-safe.html
    secured under my seat to the seat mount.
    No, Not really. Although the laws do conflict each other. there is no mention in anypublished cases or case law if the firearm in question was loaded or unloaded.
    My money says the defendants in thesesituations had aLOADED weapon in their vehicle!

    I am sure there will be arguments due to my boldstatements, But argue away! I will continue to carry my fully cased, and unloaded firearms on the front seat of my pick-up truck without fear of arrest or citations and I would be willing to take my argumentsto the highest courts in the land.

    Now if the firearm was placed into a plastic tote which is not specifically designed to house a firearm, and you had it in the passenger compartment in the vehicle, it could be a different story.




  12. #12
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    Nutczak wrote:
    Woodchuck wrote:
    So according to this


    State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because “Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach.”)




    The way I'm currently transporting my firearm is not legal?


    I have this
    http://casesforguns.com/secure-it-handgun-safe.html
    secured under my seat to the seat mount.
    No, Not really. Although the laws do conflict each other. there is no mention in any*published cases or case law if the firearm in question was loaded or unloaded.
    My money says the defendants in these*situations had a*LOADED weapon in their vehicle!

    I am sure there will be arguments due to my bold*statements, But argue away! I will continue to carry my fully cased, and unloaded firearms on the front seat of my pick-up truck without fear of arrest or citations and I would be willing to take my arguments*to the highest courts in the land.

    Now if the firearm was placed into a plastic tote which is *not specifically designed to house a firearm, and you had it in the passenger compartment in the vehicle, it could be a different story.


    *
    I would hope any LEO with common sense would understand that a locked and secured case under my seat is a lot better than an unlocked and unsecured case in the backseat.

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