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Thread: Wisconsin Open Carry Guide

  1. #1
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    ShaunKranish from ICarry.org, ,
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    I would like to create an open carry guide for Wisconsin to have at ICarry.org. I'm not AS familiar with the Wisconsin law intricacies as I am with Illinois'. Ill get the one for Illinois made up, but I could use some help with the one for Wisconsin. There will be disclaimers so people know it's not legal advice, and you don't have to put your name on it if you help me. Our website has a disclaimer in the TOS as well, so anyone using it is subject to its terms.

    As detailed as possible, we should outline what areas are prohibited, any other restrictions placed, vehicle carry, school zones, etc. The idea is to educate more people and get them carrying lawfully.

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    Founder's Club Member protias's Avatar
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    You must be at least 18 years of age to open carry.
    You cannot carry in your vehicle.
    When transporting your firearm, it must be unloaded, encased, and our of reach.
    Your firearm cannot be in a locked console or glove box. This would be considered a concealed firearm and is illegal in Wisconsin. I am not sure how exactly you can transport with a truck, someone else will have to do this.
    You cannot carry in any place that serves alcohol for consumption, even if you are not going to drink any.
    You cannot carry withing 1000' of a school.

    I don't know the statutes, so I can't point them out right now.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    So absolutely no way to transport, even in your car, a firearm within 1000 ft of any school?

    When transporting in your car, it must be unloaded and in a case (case specifically designed for firearm?) and that must be 1) out of reach AND 2) the case must be visible? (unless in your trunk of course).

    So inside a case and then putting the case inside a glove box/console would be risky?

    No other particular types of buildings (churches, public buildings?) besides a place that serves alcohol, schools, and courthouses are off limits to open carrying?

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    Links to the attorney general statement, court rulings, etc would be very helpful. I can look these up but if someone has them handy it would save me a TON of time.

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    The guide is up, and I have to go eat dinner. But this will be a collaborative effort so any and all help is appreciated. The more info we can give people the better. ICarry is advertising this information on Google now, and people are coming in. So let's help em out

    http://www.icarry.org/content-4.html

  6. #6
    Regular Member Interceptor_Knight's Avatar
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    Open carry concerns as I see them:

    1. Gun Free School Zones - Felony!!!

    2. Concealed Carry Law

    3. Safe Transportation Law ("Encased" when in or on Vehicle)

    4. Public Building Law (Structure Owned or Leased by Political Subdivision)

    5. Where Alcohol is Consumed on Premises (Class B License)

    6. State Parks

    Gun Free School Zones, Vehiclesand State Parks do not prohibit carry. They restrict the manor buy which you may carry. The firearm must be Encased:



    167.31 Safe use and transportation of firearms andbows. (1)
    DEFINITIONS. In this section: (b) Encased” means enclosed in a case that is expressly madefor the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.



    Brass Magnet wrote:

    Wisconsin Statutes and Case Law Surrounding Firearms

    This list may not be complete and is provided for your reference only. For real legal advise; as always, contact an attorney.

    Statutes:

    Wisconsin Stat. § 167.31 (Transportation in a motor vehicle.)
    Wisconsin Stat. § 941.23 (Concealed weapon prohibition.)
    Wisconsin Stat. § 939.22 (Words and phrases defined. "Dangerous Weapon")
    Wisconsin Stat. § 948.605 (Gun free school zone law.)
    Wisconsin Stat. § 948.61 (Other dangerous weapons in school. Needed for “school” definition.)
    Wisconsin Stat. § 941.235 (Carrying of firearm in a “public building”.)
    Wisconsin Stat. § 941.237 (Carryinghandgun where alcoholic beverages may be sold and consumed.)
    Wisconsin Stat. §29.089 (Phrohibition in state parks.)
    Wisconsin Stat. § 66.0409 (State preemption law.)
    Wisconsin Stat. § 939.63 (Penalties; use of a dangerous weapon.)

    Remember, just reading the statutes can get you into trouble. Case law based on those statutes isequally importantto know.


    Case Law:

    State v. Fry - 1986 WSC (defendant was properly convicted under § 941.23 for driving a vehicle with a gun locked in a glove compartment).


    State v. Keith - Ct App. 1993 (To “go armed” does not require going anywhere. The elements for a violation of s. § 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden)


    State v. Walls - Ct App. 1994 (A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under § 941.23)


    State v. Alloy - 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[/i] State[/i] v. Asfoor[/i], 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.")


    State v. Cole - 2003 WSC (Companion case to State v. Hamdan)


    State v. Hamdan - 2003 WSC (§ 941.23 is constitutional under Art. I, s. 25. Only if the public benefitin the exercise of the police power is substantially outweighed by an individual’s need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises)


    State v. Fischer - 2006 WSC (§ 941.23 is constitutional as applied in this case. The defendant’s interest in exercising his right to keep and bear arms for purposes of security by carrying a concealed weapon in his vehicle does not substantially outweigh the state’s interest in prohibiting him from carrying a concealed weapon in his vehicle.)



    State v. Vegas
    -2007 Milwaukee Cty. CC (The courtuses the Hamdan andFischer "two prong test"andgrants a pizza delivery mans motion to dismiss as it finds that § 941.23 is unconstitutional as applied to him.)



    This post can be updated to fill in missing information. If you can find the correct links for all the case law I'll add them in.






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    Regular Member Interceptor_Knight's Avatar
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    protias wrote:
    When transporting your firearm, it must be unloaded, encased, and our of reach.

    2 seperate statutes.

    Vehicle transportatin (167.31) only requires that it be unloaded and "Encased".

    Concealed carry (941.23) requires that it not be all three: 1. You know it is there, 2. It is within your reach, 3. It is hidden. Eliminate 1 of the three and it is not "concealed". Obviously the not knowing it is there is not the one you will be trying to eliminate...

    Most people try to keep it out of their reach (trunk) so that it may be hidden. If you are in or on a vehicle and you can eliminate the hidden, it can be within your reach.... This is why I am working on the transparent cases in order to make it visible (discerniblethrough ordinary observation by a person outside, and within the immediate vicinity, of the vehicle).




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    Concerns? First should be intelligent use of a dictionary, a-la learning to walk before trying to run and being smarter than tools. Then most queries have already been answered as a search engine - or OCDO's search function - will show.

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    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND ROADWAYS.
    [ ... ]
    (b) Except as provided in sub. (4), no person may place, possess 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.
    Admiral Rickover's prohibition on rewriting his Reactor Plant Manuals was a difficult lesson. He required us to copy & paste NAVSEA words.

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    Doug Huffman wrote:
    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND ROADWAYS.
    [ ...]
    (b) Except as provided in sub. (4), no person may place, possess 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.
    Admiral Rickover's prohibition on rewriting his Reactor Plant Manuals was a difficult lesson. He required us to copy & paste NAVSEA words.
    The point was that it does not have to be out of reach to comply with167.31. Even so, the post was edited accordingly....

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    Anyone else, other than me, wonder why there are no case law annotations to ss 167.31?

    It is unfortunate that Wisc. Statutes cannot generally be cast into the language/notation of formal logic so that we could apply such as DeMorgan's Laws



    and



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    Regular Member Interceptor_Knight's Avatar
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    Doug Huffman wrote:
    Anyone else, other than me, wonder why there are no case law annotations to ss 167.31?
    Would case law annotations not first require a notable case where this was challenged or applied?

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    Founder's Club Member bnhcomputing's Avatar
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    We had made a nice, folds up and everything pamphlet. It addresses the right, not the gun. I will attach it again for reference purposes.



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