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Thread: Private Business Prohibitions

  1. #1
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    http://www.co.sheboygan.wi.us/county...Open_Carry.pdf
    Private Business Prohibitions
    Constitutional rights are checks on government power, not private entities. Accordingly, any private business, whether a minimart, a grocery store or a factory, etc., may prohibit firearms on their property and in their buildings. Failure to comply with such a private business prohibition may result in trespass or disorderly conduct charges.

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    I believe the DA is incorrect on his interpretation of s941.237. The statute title reads "sold and consumed" not "sold or consumed" meaning the alcohol must meet both conditions. It must be sold on the premisis and it must be consumed on the premisis.The statutealso contains an exceptionto part of thepremisis if it contains more than one business. For example: If a premisis contains a combinaton tavern and hotel, handguns are prohibited by 941.237 only in the part of the premisis that is considered a tavern.

    See 941.237 3(i) and also the definition of tavern 942.237 1(fm).

  3. #3
    McX
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    we should pervert this idea to the other extreme, and put up a sign saying; persons entering this business must be armed, or management may refuse service.

    no shirt/no shoes/ no gun/ no service

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    Yes, Lammie, that has been noted elsewhere. I was addressing the limitations on Constitutional rights (contra inherent natural rights).

  5. #5
    Founder's Club Member protias's Avatar
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    Good thing I now live in IN where companies can no longer limit a person's right to defend himself (still waiting for that to go into law, I think it is July).
    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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    Regular Member BROKENSPROKET's Avatar
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    Lammie wrote:
    I believe the DA is incorrect on his interpretation of s941.237. The statute title reads "sold and consumed" not "sold or consumed" meaning the alcohol must meet both conditions. It must be sold on the premisis and it must be consumed on the premisis.The statutealso contains an exceptionto part of thepremisis if it contains more than one business. For example: If a premisis contains a combinaton tavern and hotel, handguns are prohibited by 941.237 only in the part of the premisis that is considered a tavern.

    See 941.237 3(i) and also the definition of tavern 942.237 1(fm).
    The DAwrote, quote "...whether sold to be consumed on the premises or not..."

    If hereferencedestablishments with a Class B licsense, it would be clear.

    Although he was not clear enough, this is what I got from what he wrote. I does not matter if I intend to consume it there OR consume it eslewhere, IF it can be consumed there, then to go armed is illegal.

    Back when I drank, I would see customers come into a bar, buy a twelve pack and go. This is more common in rural areas when convience and grocery stores are sparse.



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    "I am aware that the vast majority of people who choose to own firearms recognize the deadly potential of guns
    and are highly responsible in their storage and use. But I am also aware that all it takes to own a firearm is to
    clear a background check and pay for it, with no mandated training of any kind including no mandated
    instruction on Wisconsin’s legal restrictions, the “open carry” right not withstanding. I am publicizing these
    restrictions to help eliminate misunderstandings of wellmeaning
    gun owners who may inadvertently violate
    them."

    DATED THIS 4 th DAY OF MAY, 2009.
    Joe DeCecco
    District Attorney
    Sheboygan County


    Hmm. and just where did he publish this memo for all of the general public to read?
    Seems to me his intentions are nothing more than to remind all Police Officers just what to watch for so you can nail those suckers!

    Make no mistake, there isn't a DA in this state that is on our side, period.

    Though I do not remember the law stating you could not carry in a Technical College, I do suppose they could claim "Public Building" as just another way to extend the GFSZ BS.



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    Founder's Club Member protias's Avatar
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    J.Gleason wrote:
    "I am aware that the vast majority of people who choose to own firearms recognize the deadly potential of guns
    and are highly responsible in their storage and use. But I am also aware that all it takes to own a firearm is to
    clear a background check and pay for it, with no mandated training of any kind including no mandated
    instruction on Wisconsin’s legal restrictions, the “open carry” right not withstanding. I am publicizing these
    restrictions to help eliminate misunderstandings of wellmeaning
    gun owners who may inadvertently violate
    them."

    DATED THIS 4 th DAY OF MAY, 2009.
    Joe DeCecco
    District Attorney
    Sheboygan County


    Hmm. and just where did he publish this memo for all of the general public to read?
    Seems to me his intentions are nothing more than to remind all Police Officers just what to watch for so you can nail those suckers!

    Make no mistake, there isn't a DA in this state that is on our side, period.

    Though I do not remember the law stating you could not carry in a Technical College, I do suppose they could claim "Public Building" as just another way to extend the GFSZ BS.


    Waukesha County Technical College has a rule saying no firearms are allowed on campus. I would assume they would be covered under "public buildings," but I'm sure that could be challenged. Hopefully all these restrictions on law abiding people will be lifted so people can defend themselves where and when they please.
    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)

  9. #9
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    protias wrote:
    Waukesha County Technical College has a rule saying no firearms are allowed on campus. I would assume they would be covered under "public buildings," but I'm sure that could be challenged.
    On what basis in law, please?

    It seems to me quite clear, the prohibition on such carry is quite clear.

    941.235 Carrying firearm in public building. (1) Any
    person who goes armed with a firearm in any building owned or
    leased by the state or any political subdivision of the state is guilty
    of a Class A misdemeanor.

    Some here have touted other states' accomplishments as what should be initiated in Wisconsin. In my limited experience, most states, even those with liberal gun carry laws, prohibit carry in government buildings.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth.

  10. #10
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    "I am aware that the vast majority of people who choose to own firearms recognize the deadly potential of guns
    and are highly responsible in their storage and use. But I am also aware that all it takes to own a firearm is to
    clear a background check and pay for it, with no mandated training of any kind including no mandated
    instruction on Wisconsin’s legal restrictions, the “open carry” right not withstanding. I am publicizing these
    restrictions to help eliminate misunderstandings of wellmeaning
    gun owners who may inadvertently violate
    them."

    DATED THIS 4 th DAY OF MAY, 2009.
    Joe DeCecco
    District Attorney
    Sheboygan County

    You may be well meaning and you may have "inadvertently" violated a law but he will still prosecute the crap out of you.

    If you notice he doesn't suggest that police look the other way.

  11. #11
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    Master Doug Huffman wrote:
    In my limited experience, most states, even those with liberal gun carry laws, prohibit carry in government buildings.

    Actually most states do not prohibit carry in government buildings if you exclude courthouses and are talking about where people with licenses can carry. The ones that prohibit government building carry generally are:

    MT, ND, NV, NM, OK, MO, WI, OH, ME, NC, SC, GA, and FL

    Source:

    http://www.georgiacarry.org/cms/abou...ibited-places/


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