• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

New to open carry

Cheyjam

Regular Member
Joined
Jun 10, 2010
Messages
12
Location
New London, WI
imported post

Alright, so I'm new to open carry, well new as in, I haven't yet but would like to. What I am trying to figure out, is the whole local law situations. I live in New London, in Waupaca County, both have municipal codes stating that carrying a firearm in any public place, is illegal.

This is what the Waupaca County Code says:

B. No person shall go armed with a firearm in any privately owned building, open to the public, without the consent of the owner or owner’s agent. “Privately owned building, open to the public” shall include, but not be limited to, taverns, restaurants, or other public buildings of accommodation or amusement.

Would that mean that I could not walk into a store without first receiving prior permission?

And here is the cities code:

9.28 CARRYING WEAPONS (Cr. Ord. #740). (1) PROHIBITED. No person, except a sheriff, constable, police officer or their deputies shall carry or wear about their person any pistol, revolver, firearm, sling shot, krossknuckle of lead, brass, “numchuck” sticks, throwing stars or “shurikens,” dirk, or dagger or any blackjack, billy, sandclub, switchblade knife, or any knife which has a blade itself but automatically opens by the slight pressure on the handle or some other part of the knife and is commonly known as a switch knife, or straight edge razor or any other knife having a blade 3 inches or longer, or any other dangerous or deadly weapon within the City.

With the State statute stating that no political subdivision may enact an ordinance more stringent than the states, would either of these be enforceable at all?

Maybe someone who lives in a city and or county with similar laws could let me know if they had the police try to enforce these laws on them that would be nice. From my understanding these laws cannot be enforced, I would just like to know more details from some people with experience with open carry.

Thanks
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
imported post

The law does not say "cannot be enforced." It says, in general, no municipality may enact or adopt but does not provide for enforcement. Some communities are removing their ordinances and some activists are making hay and taking credit, but it is a purely political decision unless the state enforces the statute. It has not, to my knowledge, done so.

66.0409 Local regulation of firearms.
[ ...] (some deletions)
(2) Except as provided in subs. (3) and (4), no political subdivision
may enact an ordinance or adopt a resolution
that regulates
the sale, purchase, purchase delay, transfer, ownership, use, keeping,
possession, bearing, transportation, licensing, permitting,
registration or taxation of any firearm or part of a firearm, including
ammunition and reloader components, unless the ordinance or
resolution is the same as or similar to, and no more stringent than,
a state statute.
[ ...]
(4)
[ ...]
(b) If a political subdivision has in effect on November 17,
1995, an ordinance or resolution that regulates the sale, purchase,
transfer, ownership, use, keeping, possession, bearing, transportation,
licensing, permitting, registration or taxation of any firearm
or part of a firearm, including ammunition and reloader components,
and the ordinance or resolution is not the same as or similar
to a state statute, the ordinance or resolution shall have no legal
effect and the political subdivision may not enforce the ordinance
or resolution
on or after November 18, 1995.

I would say that a more real concern for openly carrying is the police abuse of discretion with disorderly conduct. Remember that the police do not 'charge', but arrest, detain, investigate and recommend charges to the district attorney. Police are not fired for no-charges but you will have to endure the legal process.

Welcome and best wishes.
 

bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
imported post

Like Doug cited, these ordinances have been pre-empted for almost fifteen (15) years.

WELCOME! Glad to see yet another OC supporter.

There are hundreds if not thousands of people throughout the state of WI carrying without incident.

Read Up, Load Up, Holster Up, and ......

Carry On.
 

logan

Campaign Veteran
Joined
May 11, 2009
Messages
433
Location
Greeley, CO
imported post

Welcome!

The only laws you really need to know are:
29.089 - No firearms in state parks and state fish hatcheries unless unloaded and encased or during a hunting season with a valid hunting license
167.31 - Weapons in vehicles must be encased and unloaded
941.235 - No firearms in government buildings (courthouse, city hall, etc.)
941.237 - No handguns in taverns or restaurants that serve alcohol for consumption (unless granted specific permission by owner or manager)
948.605 - No firearms within 1000’ of a school zone, unless encased and unloaded (unless on private property, which includes parking lots of businesses)

And of course, no carrying a concealed firearm.

Here's a link to a pamphlet about open carry in WI. When you carry for your first time, carry a few of these with you in case somebody questions you about open carry.
http://dl.dropbox.com/u/4656643/OC%20pamphlet%2015.pdf

About those local ordinances, they cannot be enforced. You could probably write to the city/county and suggest they remove them as they are illegal and cannot be enforced.

Hope to hear about your first OC experience soon!


-Logan
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
, ,
imported post

Maybe someone who lives in a city and or county with similar laws could let me know if they had the police try to enforce these laws on them that would be nice. From my understanding these laws cannot be enforced, I would just like to know more details from some people with experience with open carry.

Anecdotal evidence from OC'ers in Wisconsin who have posted experiences on this forum have indicated a time or two that police have, upon having contact with an open-carrier, mentioned a local ordinance but to my knowledge have never tried to enforce it.

Of course those local ordinances ARE pre-empted by state law.

Its difficult to promise you'll never have an issue because it only takes 1 uninformed or misguided officer to illegally detain or arrest you.

The best I can share is that I've not heard of anyone ever getting arrested post AG memo for a local ordinance.

I HAVE heard that police have mentioned it to a person but not given them a citation for it.

MORE frequently now, its interesting that I hear from OC'ers that in the rare event police approached them while OC'ing the police seem to now quickly state that OC is legal before they begin to ask questions. Thats the most common scenario I've heard lately. It appears police departments have gotten their officers trained.

Having said all that, the best I can share with you (because no one could promise you'll "never" get detained) is that the law is ultimately on your side if you avoid the 5 places you can't carry and if I personally were in Waupaca County or New London today I wouldn't hesitate to open-carry.
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
imported post

Also, one more stipulation to add to the five, Please do not carry if you are consuming alcohol or know that you will be consuming alcohol to the point of intoxication. Not only will you get in trouble with LEO but it will also give the anti's something to cry about.

Just my .02
 

logan

Campaign Veteran
Joined
May 11, 2009
Messages
433
Location
Greeley, CO
imported post

paul@paul-fisher.com wrote:
One fine point:

• 941.237 - No handguns in taverns or restaurants that serve alcohol for consumption

The above should add 'unless granted specific permission by owner or manager'.
You sir are correct. I copy/pasted that from the pamphlet. Maybe that can get changed sometime to include those words. I will edit my post though!
 
M

McX

Guest
imported post

Don't forget to join WisconsinCarry Inc. the only real state organization fighting for citizen gun rights.
 

Cheyjam

Regular Member
Joined
Jun 10, 2010
Messages
12
Location
New London, WI
imported post

Thank you all for the replies, I will be sure to let you knoiw how it goes. Thanks again.

As far as the permission slip, would that be needed to carry inside of a Wal-Mart or grocery store?
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
, ,
imported post

Cheyjam wrote:
Thank you all for the replies, I will be sure to let you knoiw how it goes. Thanks again.

As far as the permission slip, would that be needed to carry inside of a Wal-Mart or grocery store?
Absolutely not.

The permission slip is to allow you to carry in an establishment that serves alcohol. (not recommended you consume any) but for example, if you want to go to a restaurant for dinner, but they serve alcohol, this written permission slip from the manager will provide you with documentation that will satisfy the statute requirements.

You ONLY need this permission slip to carry where alcohol is SERVED.

(statute citations are on the permission slip document)
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
imported post

Wisconsin Carry, Inc. - Chairman wrote:
Absolutely not.

The permission slip is to allow you to carry in an establishment that serves alcohol. (not recommended you consume any) but for example, if you want to go to a restaurant for dinner, but they serve alcohol, this written permission slip from the manager will provide you with documentation that will satisfy the statute requirements.

You ONLY need this permission slip to carry where alcohol is SERVED.

(statute citations are on the permission slip document)

To be very clear, the statute states that you need permission to carry in a facility that has a class "b" license.

Some examples would be Chilis and Applebees as well as other places that sell alcohol by the drink.
 

hardballer

Regular Member
Joined
Jul 16, 2009
Messages
925
Location
West Coast of Wisconsin
imported post

Welcome and great questions. You will find the search tool on this site invaluable. Your questions; almost certainly, have been asked before. The best thing about this site is that most of the BS is left at the door.

If somebody has something to say about a topic, they will; most often, cite an example from Constitutional law or state statute. You will have links to follow and plenty of help if needed.

Hope to see you at a get together soon. Maybe this Sunday at the Eau Claire meet.

Till then, Carry On!

Hardballer out.
 
Top