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Thread: WI OC rules for a Michigander

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    Regular Member EM87's Avatar
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    I checked the stickies at the top of the page but didn't find what I was looking for. Sorry if this is a repeated question.

    I'm planning on traveling to WI this summer for the Oshkosh air festival. I was wondering if someone could give me an idea of what the WI OC/CC laws are. I am a MI CPL holder, and I OC everywhere I go. I need to know where I can and cannot OC and CC in WI, and whether there is any kind of preemption law that applies to certain restrictive ordinances. Specific information would be nice, but I would rather not read large sections of law. I trust that the information I receive here will be accurate. Thanks in advance!
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    Regular Member autosurgeon's Avatar
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    Wel I can answer one for you there is no CC allowed anywhere in WI. As for OC they are just getting started here and don't have case law on much to back them up. I will let someone from WI give the low down on OC
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Campaign Veteran logan's Avatar
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    This is taken from a few threads down.


    pvtschultz wrote:
    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).
    Should help
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
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    Regular Member EM87's Avatar
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    autosurgeon wrote:
    Well I can answer one for you there is no CC allowed anywhere in WI. As for OC they are just getting started here and don't have case law on much to back them up. I will let someone from WI give the low down on OC
    Oh, duh. I didn't even think about checking the reciprocity map. Silly me. I find it quite irritating that there are some states that don't honor other state's CPLs. However, this isn't the time or place to complain about that.

    Well I can answer one for you there is no CC allowed anywhere in WI.
    WI doesn't even have its own concealed licensing system? No citizens can CC at all?
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    Funny coincidence here, I am trying to get MI non-resident OC laws figured out.

    So far I am finding that a Wisconsin resident cannot legally carry any firearm in MI unless they'rehunting with an appropriate hunting license or at an established shooting range. And that sucks! The state of MI is denying my or any other WI residents 2A rights!

    In WI, All out of state CC permits do not apply, there is no legal CC provisions in WI for anyone except retired and activelaw enforcement with proper permits issued by the state. Open-carry is our only legal option, the only qualifying item is your legal ability to own or possess a firearm at the federal level, basically if your legal in MI, you can O-C in WI.

    You'll need to steer clear of school zones, that means no firearms within 1,000 feet of school property, not just the building. Unless they are fully unloaded and in a case specifically made to enclose a firearm, . Any government-owned buildings are also off-limits. With you being at the Oshkosh airport, I think your chances of being able to legally carry are pretty slim. I may be wrong though.Even if you find you can carry there, You will not be able to enter any buildings.

    You cannot legally transport a loaded or uncased firearm in or on any motorized vehicle. Even if the chamber is empty, an inserted magazine placed in the firearm is also considered loaded. The case has to be specifically made for a firearm. A glove compartment or consoleis not a legal case even if the gun is unloaded. Due to conflicting laws and relevant case-law, there is also some suggestion that carrying a fully cased, unloaded firearm in the vehicles passenger compartment is illegal and should be kept in the trunkunloaded andin a fully closed case specifically made to house a firearm. Any place that sells alcohol for on-premise consumption is also off limits too. Just watch your method of transport, and make sure no part of your clothing accidentally covers the gun at any timeand you should be good.

    But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!

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    Regular Member EM87's Avatar
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    logan wrote:
    This is taken from a few threads down.


    pvtschultz wrote:
    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).┬*
    Should help
    Oh boy. It looks like I won't be carrying at all on this trip... too risky, especially at the airshow I'm going to. That's disappointing to say the least. Thanks for the post, I appreciate the information!

    (And disregard the last question in my previous post.)
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    Regular Member EM87's Avatar
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    Nutczak wrote:
    But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
    As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    EM87 wrote:
    Nutczak wrote:
    But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
    As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
    there is no registration, licensing, or permission asking required to own and/or possess a firearm in WI, the closest we come to thatis the NICS check when buying a firearmfrom a licensed dealer.

    I have spent several hours of my time trying to findMI laws toverify I am legal in MI to open-carry when I amvisiting the U.P. I have also spoke to the MSP about this and they tell me that I cannot, butthey cannot come up with a statute stating that I cannot be armed in MI.

    Everything always goes back to CCW and permitting from a home state. My argument that if Open-carry is legal for MI residents without any permits, and for non-residents having their CCW provisions, then why would it restrict people visiting from WI from exercising the same right? And immediately everyone I spoke to jumped to Concealed carry and/or a CPL (MI Concealed pistol License) All I want to do is carry my sidearm openly while I am picking friggin blueberries up there!! but becuase WI does not have CCW, this is the only prohibiting factor for me to carry openly in MI/

    How F'ed up is that?!!!

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    I'm also making the Trip to Badger country for Summerfest, looks like I'll be leaving my guns at home too.

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    MI just recently dropped the inspection required on firearms.

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    Michigan Moderator DrTodd's Avatar
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    Nutczak wrote:
    EM87 wrote:
    Nutczak wrote:
    But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
    As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
    there is no registration, licensing, or permission asking required to own and/or possess a firearm in WI, the closest we come to that┬*is the NICS check when buying a firearm┬*from a licensed dealer.

    I have spent several hours of my time trying to find┬*MI laws to┬*verify I am legal in MI to open-carry when I am┬*visiting the U.P. I have also spoke to the MSP about this and they tell me that I cannot, but┬*they cannot come up with a statute stating that I cannot be armed in MI.

    Everything always goes back to CCW and permitting from a home state. My argument that if Open-carry is legal for MI residents without any permits, and for non-residents having their CCW provisions, then why would it restrict people visiting from WI from exercising the same right? And immediately everyone I spoke to jumped to Concealed carry and/or a CPL (MI Concealed pistol License) All I want to do is carry my sidearm openly while I am picking friggin blueberries up there!! but becuase WI does not have CCW, this is the only prohibiting factor for me to carry openly in MI/

    How F'ed up is that?!!!
    What you may want to try is to get a copy of your Wisconsin
    DOJ check that was done for the purchase of your handgun in Wisconsin. I think this may be able to be used as a license/permit to purchase. Or, you could open-carry a nice black-powder pistol or long arm, as these do not need to be registered.

    Alternatively, you could look at getting a Michigan ID card, which allows you to get a pistol license. The problem there is that getting it into the state appears to be a legal problem. Or, you could get a Florida Concealed weapons permit (just requires a hunter's safety course anywhere) and submit a Declaration of Domicile in Florida, which shows you are a resident there. Remember, Michigan legally has no power to declare you a resident of anywhere but Michigan, only the state in which you choose to declare residency does.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer ľ I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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