What age may you open carry? (inWI)

DickDavisIII · Jan 20, 2010

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What age can you by law open carry a handgun? In the DNR book it sais that you may carry a side arm at the age of 18 during hunting but I was always told that you cannot carry a side arm year round unless you were 21. So which one is it?

bnhcomputing · Jan 20, 2010

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DickDavisIII wrote:

What age can you by law open carry a handgun? In the DNR book it sais that you may carry a side arm at the age of 18 during hunting but I was always told that you cannot carry a side arm year round unless you were 21. So which one is it?

Welcome to the forum!

Glad to see another OC supporter.

I encourage you to read this thread: http://opencarry.mywowbb.com/forum57/27414.html

You can find a pamphlet regarding Wisconsin gun rights attached to the last post here: http://opencarry.mywowbb.com/view_topic.php?id=32321&forum_id=57

And here is a thread about "age." http://opencarry.mywowbb.com/view_topic.php?id=7120&forum_id=57&jump_to=627320
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In Wisconsin you must be 18 or older to possess a hand gun. There is no minimum age to possess a long gun (at a "range") as long as minors are supervised by someone over 18.

You must be 21 or older to purchased a handgun from a FFL.

Updated the bad links.

MustangMike · Jan 20, 2010

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DickDavisIII wrote:

What age can you by law open carry a handgun? In the DNR book it sais that you may carry a side arm at the age of 18 during hunting but I was always told that you cannot carry a side arm year round unless you were 21. So which one is it?

Hello friend! Welcome.

Interceptor_Knight · Jan 20, 2010

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bnhcomputing wrote:

In Wisconsin you must be 18 or older to possess a hand gun. There is no minimum age to possess a long gun (at a "range") as long as minors are supervised by someone over 18.

Thetarget practice exception 948.60 (3)(a) for children does not mention the nomenclature of "range". 948.60(3)(a) is still subject to 29.304 which requiresminors to be supervised by a parent, guardian orby a person who is designated by the parent or guardian.

In accordance with 948.60 (3)(c) Long guns may be possessed by those under 18 so long as they comply with 941.28 (SBR or SBS) , 29.304 and 29.593. Target practice is not a requirement. That means that a 14 year old with a hunters' safety certificate may possess along armeven when not at the range or hunting. A 16 year old may drive around with along armin the trunk with or without a hunters' safety certificate. A 14 year old or older with a hunters' safety certificate may shoot a long arm at a range without adult supervision and a 16 year old does not need the certificate.

professor gun · Jan 21, 2010

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The first two sites that are listed by bnhcomputing I couldn't open. The third one mentions that it is illegal for those under 12 to handle firearms or use firearms (it is an old thread). Keep in mind that was changed last Sept when the mentored hunting law took effect: as part of this change now any child of any age can shoot if they are under direct supervision of an adult.

I have not been able to find anything pertaining to OC by an 18 year old except when hunting. Maybe I am not looking in the right places?

Interceptor_Knight · Jan 21, 2010

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professor gun wrote:

The first two sites that are listed by bnhcomputing I couldn't open. The third one mentions that it is illegal for those under 12 to handle firearms or use firearms (it is an old thread). Keep in mind that was changed last Sept when the mentored hunting law took effect: as part of this change now any child of any age can shoot if they are under direct supervision of an adult.

I have not been able to find anything pertaining to OC by an 18 year old except when hunting. Maybe I am not looking in the right places?

You will find nothing pertaining to the wearing of purple plaid shirts by an 18 year old either....

The WI Statutes tell you what you may not do. Since there is no prohibition for an 18 year old to possess a handgun, it is "legal".

bnhcomputing · Jan 21, 2010

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professor gun wrote:

The first two sites that are listed by bnhcomputing I couldn't open. [My apologies, I fixed the links now.] The third one mentions that it is illegal for those under 12 to handle firearms or use firearms (it is an old thread). Keep in mind that was changed last Sept when the mentored hunting law took effect: as part of this change now any child of any age can shoot if they are under direct supervision of an adult. [That is correct, and my last post to that thread states that]

I have not been able to find anything pertaining to OC by an 18 year old except when hunting. Maybe I am not looking in the right places?

So to clear this "age old" question up: When Doyle signed the mentored hunting bill, it eliminated all age restrictions at "ranges" in Wisconsin. You can now take your kids shooting at the range at any age.:celebrate

948.60 948.60 Possession of a dangerous weapon by a person under 18. 948.60(1)
(1) In this section, "dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (4); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.

948.60(2)
(2) 948.60(2)(a)
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

948.60(2)(b)
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.

948.60(2)(c)
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

948.60(2)(d)
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

948.60(3)
(3) 948.60(3)(a)
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

948.60(3)(b)
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.

948.60(3)(c)
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.

So as I understand it, under 18 can only possess a firearm if hunting or target shooting.

DickDavisIII · Jan 21, 2010

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so the question remains how would an 18yr old legaly obtain a handgun? (I have one that my dad keeps in his safe with his guns).

bnhcomputing · Jan 21, 2010

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DickDavisIII wrote:

so the question remains how would an 18yr old legaly obtain a handgun? (I have one that my dad keeps in his safe with his guns).

According to the NRA web site: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60

You have to be 21 to purchase from an FFL but private (in the state of Wisconsin) sales would be 18. So you can purchase a handgun and then choose to sell it or gift it AFTER you take possession from the FFL.

If the handgun in question (I have one that my dad keeps in his safe) was purchased by your father, he can legally transfer it to you once you are over 18 as long as you are not restricted/prevented from possession.

professor gun · Jan 21, 2010

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Thanks for the info, Hubert. I was advised a few years ago that it was legal for my two sons who were under 18 years of age to open carry a handgun while hunting for self defense (we had some aggressive packs of coyotes roaming where we bow hunt that had already confronted another bowhunter) or if they were doing farm chores. They were required to have a note from me saying it was OK. I would like to emphasize that they could not legally hunt with the handgun since they were under 18.

Also, at USPSA matches and Three Gun matches my sons from age 12 were able to carry handguns on their belts around the range as long as they had a note from me giving permission. It was also expected (by those running the match) that I be with them while they were carrying openly on the range.

On the issue of handgun possession, those who are 18 to 20 can possess a handgun, they cannot buy one from an FFL. My older son turned 18 a couple of weeks ago and on his 18th birthday I made up a "bill of sale" transferring some handguns that I purchased for him when he was underage; they are now legally and officially in his possession. I will do the same when my younger son turns 18 in a couple of years.

It seems to me that OC in the community should not be an issue for an 18 year old as they can legally possess a handgun, however, there are a lot of LEO that still need to be educated on this.

DickDavisIII · Jan 21, 2010

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THANKS ALL!!!

:lol:

Interceptor_Knight · Jan 21, 2010

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bnhcomputing wrote:

professor gun wrote:

948.60(3)(c)
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.

Click to expand...

So as I understand it, under 18 can only possess a firearm if hunting or target shooting.

948.60(3)(c) is the exception for a long gun and does not require that the minor be actively hunting or target shooting.

bnhcomputing · Jan 22, 2010

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Interceptor_Knight wrote:

bnhcomputing wrote:

professor gun wrote:

948.60(3)(c)
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.

Click to expand...

So as I understand it, under 18 can only possess a firearm if hunting or target shooting.

Click to expand...

948.60(3)(c) is the exception for a long gun and does not require that the minor be actively hunting or target shooting.

I agree that 948.60 places restrictions on those under 18 to possess a firearm and that 948.60(3)(c) is an exception to the restriction, but it specifically mentions 29.304 and 29.304 adds additional restrictions on those under 16. 29.304 specifically talks about hunting and 29.304(5)(b)1 actually defines "target practice."

Therefore I still stand by my assertion, "under 18 can only possess a firearm if hunting or target shooting."

Interceptor_Knight · Jan 22, 2010

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bnhcomputing wrote:

I agree that 948.60 places restrictions on those under 18 to possess a firearm and that 948.60(3)(c) is an exception to the restriction, but it specifically mentions 29.304 and 29.304 adds additional restrictions on those under 16. 29.304 specifically talks about hunting and 29.304(5)(b)1 actually defines "target practice."

Therefore I still stand by my assertion, "under 18 can only possess a firearm if hunting or target shooting."

You have provided nothing to back up your assertion.

29.304 merely requires that anyone under 16 have a hunters' safety certificate. Absolutely norestrictions are placed on those 16 to 17 years of age. 29.304does not restrict a 16 year old from possession of a firearm.

I have provided the applicable excerpt for your review. There are simply no further restrictions and absolutely nothing which requires a 16 year old with a certificate to be hunting or target shooting

29.304

Restrictions on hunting and use of firearms by persons under 16 years of age.

[align=left](b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:[/align]
[align=left]3. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.

[/align]
[align=left]The definition of target practice is only relevant to the use of thephrase "target practice" you can not infer"target practice" if those 2 words are absent from the paragraph in question. If you continue to read past the "target practice" definition you will see why it has been defined...... Sub (1) was the old restriction on those under 12 years of age. [/align]
[align=left]

2. The restrictions on the possession and control of a firearm under sub. (1) do not apply to a person using a firearm in target

practice if he or she is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian

[/align]

professor gun · Jan 22, 2010

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Interesting. Thanks, Interceptor Knight, for your input.

When I looked into having my sons OC while bowhunting I went by the pamphlet describing the handgun laws in perspective of Federal law. That seems to allow for OC by those under 18 given special circumstances I mentioned earlier. I wasn't, however, sure about Wisconsin law but went the route I did because I was very concerned about my son's safety when out bowhunting with the aggression shown by some of the coyote packs in our area. I also could find nothing in the Wisconsin statutes prohibiting them from OC while hunting. Our experiences with them being allowed to OC at matches suggested to me this was OK under State law.

Thanks for all the info, guys.

Interceptor_Knight · Jan 22, 2010

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professor gun wrote:

Interesting. Thanks, Interceptor Knight, for your input.

When I looked into having my sons OC while bowhunting I went by the pamphlet describing the handgun laws in perspective of Federal law. That seems to allow for OC by those under 18 given special circumstances I mentioned earlier. I wasn't, however, sure about Wisconsin law but went the route I did because I was very concerned about my son's safety when out bowhunting with the aggression shown by some of the coyote packs in our area. I also could find nothing in the Wisconsin statutes prohibiting them from OC while hunting. Our experiences with them being allowed to OC at matches suggested to me this was OK under State law.

Thanks for all the info, guys.

To summarize, if your children are under 18, they may only possess and you may only give them a handgun if the are target practicing (includes shooting matches) or during the instruction of firearm safety. It is never legalfor someone under 18 in WI to OC (or otherwise possess) a handgun for protection while bowhunting or otherwise.

[align=left]948.60 (3) (a) Possession of a dangerous weapon by a person under 18.[/align]

[align=left]This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult’s supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult’s supervision

[/align]

bnhcomputing · Jan 23, 2010

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To summarize, if your children are under 18, they may only possess and you may only give them a handgun if the are target practicing (includes shooting matches) or during the instruction of firearm safety. It is never legal for someone under 18 in WI to OC (or otherwise possess) a handgun for protection while bowhunting or otherwise.

Interceptor and I are in 100% agreement here, under 18 may not possess a handgun except for target practice or hunter safety!

BROKENSPROKET · Jan 30, 2010

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bnhcomputing wrote:

.....under 18 may not possess a handgun except for target practice or hunter safety!

Does that mean certified hunter safety instruction OR for a hunter's safety?

Interceptor_Knight · Jan 31, 2010

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BROKENSPROKET wrote:

bnhcomputing wrote:

.....under 18 may not possess a handgun except for target practice or hunter safety!

Click to expand...

Does that mean certified hunter safety instruction OR for a hunter's safety?

Under 18 may never possess a handgun while hunting whether it is for (the hunter's) personal safety/protection or for the taking of game....

Hostilefreak · Feb 17, 2010

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My father bought me a USP 9mm handgun in November of 2008 from a licensed dealer (FFL) when I was 19. I'm now 20 and I'm still scared that if I get caught with this thing at my range I'm going to get fined or go to jail. I know that legally I can have this handgun but I'm afraid that if I get stopped and searched for anything the LEO is going to ask what I'm doing with this when I'm not 21. Nobody has ever asked me my age at the range or anywhere but I just get paranoid with this thing in the trunk.

Now here's my bigger question. Since you have to be 21 to buy handgun ammo does that mean that it's illegal for me to posses it since I'm only 20? I need the ammo to fire the gun obviously. So it's legal for me to have the gun but illegal for me to have the ammo for it? Can someone please clear this up for me?

What age may you open carry? (inWI)

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