Results 1 to 16 of 16

Thread: Can carry concealed on your own property?

  1. #1
    Regular Member CUOfficer's Avatar
    Join Date
    Feb 2010
    Location
    La Crosse, Wisconsin, USA
    Posts
    194

    Post imported post

    Does anyone know off the top of their head if you can carry concealed on your own property? Please provide your source....Thanks!

  2. #2
    Regular Member CUOfficer's Avatar
    Join Date
    Feb 2010
    Location
    La Crosse, Wisconsin, USA
    Posts
    194

    Post imported post

    Can *you* should be the title...sorry!

  3. #3
    McX
    Guest

    Post imported post

    damn straight you can! :celebrate

    doug, can you jump in here, and dig up a statute, last thing i saw on it was on the nra site, but now i can't find it!-added on edit.

  4. #4
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    McX wrote:
    damn straight you can! :celebrate

    doug, can you jump in here, and dig up a statute, last thing i saw on it was on the nra site, but now i can't find it!-added on edit.
    Sorry, there is no statute allowing carry on your property. The law does not permit but it prohibits. Can't cite what doesn't exist.

    That you can carry on your own property is a legal conclusion just like the legal conclusion that we may carry openly in Wisconsin.

  5. #5
    Regular Member CUOfficer's Avatar
    Join Date
    Feb 2010
    Location
    La Crosse, Wisconsin, USA
    Posts
    194

    Post imported post

    That is all I needed to know. Thanks guys!

  6. #6
    Wisconsin Carry, Inc. Shotgun's Avatar
    Join Date
    Aug 2006
    Location
    Madison, Wisconsin, USA
    Posts
    2,668

    Post imported post

    The state supreme court's opinion in State v. Hamdan suggests that you can as long as it's not for an illegal purpose.

    oh... and that there's no reasonable alternative to concealment. So, under certain circumstances, yes.


    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  7. #7
    Wisconsin Carry, Inc. Shotgun's Avatar
    Join Date
    Aug 2006
    Location
    Madison, Wisconsin, USA
    Posts
    2,668

    Post imported post

    Doug Huffman wrote:
    McX wrote:
    damn straight you can! :celebrate

    doug, can you jump in here, and dig up a statute, last thing i saw on it was on the nra site, but now i can't find it!-added on edit.
    Sorry, there is no statute allowing carry on your property. The law does not permit but it prohibits. Can't cite what doesn't exist.

    That you can carry on your own property is a legal conclusion just like the legal conclusion that we may carry openly in Wisconsin.
    It's not as simple as that.

    Not all law is contained in the "statutes." Article 1, Section 25 is law, although not part of the statutes. Indeed the entire constitution is law. By definition, the highest law.

    And yes, some laws DO permit certain things. For example, the new state "school mascot" law does not PROHIBIT certain school mascots, but it does PERMIT anyone who objects to them to file a complaint.
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  8. #8
    McX
    Guest

    Post imported post

    took forever, but i found it!;

    In State of Wisconsin v. Munir A. Hamdan, 264 Wis. 2d 433 (2003), the Wisconsin Supreme Court ruled that Hamdan’s constitutional right to bear arms had been violated, overturning his conviction for violating the law. Hamdan, the owner of a family-run grocery store in a high-crime neighborhood in Milwaukee, routinely kept a loaded gun under the counter near the cash register. In addition to numerous violent criminal incidents outside the store, his premises had been the target of four armed robberies in recent years. In one, the assailant’s gun misfired when the trigger was pulled, sparing Hamdan’s life. In another, he shot and killed a robber in self-defense. In the incident at issue, he was in the process of putting the gun in storage for the night when he was discovered by police to be carrying it in his pants pocket. The court found that the statute could not be constitutionally applied in this situation because Hamdan’s personal interest in having a concealed weapon in his store outweighed the state’s interest in enforcing the statute:
    If the constitutional right to keep and bear arms for security is to mean anything, it must, as a general matter, permit a person to possess, carry and sometimes conceal arms to maintain the security of his private residence or privately operated business, and to safely move and store weapons within these premises.
    The court went on to state that a Wisconsin resident has the right to carry a concealed weapon on his or her property, business, or
    −or
    − 3 −
    LRB−08−WB−16
    home, when: 1) the need to exercise this right is significant, 2) the person has no other reasonable means to keep and handle the weapon, and 3) the person was not motivated by any unlawful purpose in concealing the weapon.
    In a third case, the Wisconsin Supreme Court refused to expand the exceptions to carrying concealed weapons to include vehicles, but did allow that there could be circumstances under which it would be permitted. In State of Wisconsin v. Scott K. Fischer, 290 Wis. 2d 121, the court, in May 2006, rejected the argument that a bar owner who transported money in his vehicle was in an extension of his business. Writing for the majority, Justice Ann Walsh Bradley wrote that absent a reasonable belief that a person is actually confronted with a reasonable threat of bodily harm or death:

  9. #9
    Regular Member
    Join Date
    Apr 2010
    Location
    Somewhere, Wisconsin, USA
    Posts
    1,029

    Post imported post

    As with all Wisconsin case law and statutes concerning firearm rights. There is no black and white, yes or no answers to any question.

    A pure democratic society is one in which laws and judicial opinions are expressed to the benefit of the people. In Wisconsin that seems to have been forgotten bythe legislature and the court sytem. Instead there seems, over the years, that we have seen the gradual establishment of a police society. One which is fed by case law decisions and statutes to preserve the police power of the state. That is why this November we voters must send a message to the legislature and courts that it is we that are still in charge.

  10. #10
    Regular Member paul@paul-fisher.com's Avatar
    Join Date
    May 2009
    Location
    Chandler, AZ
    Posts
    4,047

    Post imported post

    Let's make sure we are clear, you can't be in or on a vehicle on your property while carrying. So, if you have a riding lawnmower, ATV, snowmobile (probably not today) and have the gun OC or CC you are in violation. Otherwise, you can OC or CC on your property or on the property of the business you OWN.

  11. #11
    Founder's Club Member protias's Avatar
    Join Date
    Dec 2008
    Location
    SE, WI
    Posts
    7,322

    Post imported post

    paul@paul-fisher.com wrote:
    Let's make sure we are clear, you can't be in or on a vehicle on your property while carrying. So, if you have a riding lawnmower, ATV, snowmobile (probably not today) and have the gun OC or CC you are in violation. Otherwise, you can OC or CC on your property or on the property of the business you OWN.
    I don't think that is correct. IIRC, James Gleason mows his lawn while carrying. I think it has to deal with private property rights, but I can't remember why.
    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)

  12. #12
    Regular Member bigdaddy1's Avatar
    Join Date
    May 2009
    Location
    Southsider der hey
    Posts
    1,320

    Post imported post

    As stated in a previous thread,

    Yes you can per the cite posted above.
    What part of "shall not be infringed" don't you understand?

  13. #13
    Regular Member paul@paul-fisher.com's Avatar
    Join Date
    May 2009
    Location
    Chandler, AZ
    Posts
    4,047

    Post imported post

    protias wrote:
    paul@paul-fisher.com wrote:
    Let's make sure we are clear, you can't be in or on a vehicle on your property while carrying. So, if you have a riding lawnmower, ATV, snowmobile (probably not today) and have the gun OC or CC you are in violation. Otherwise, you can OC or CC on your property or on the property of the business you OWN.
    I don't think that is correct.* IIRC, James Gleason mows his lawn while carrying.* I think it has to deal with private property rights, but I can't remember why.
    Arms transportation:
    • All firearms must be unloaded and completely enclosed within carrying cases designed
    to carry a firearm when in or on any vehicle whether moving or stationary.
    A holster is not a legal carrying case for a handgun unless it completely encloses
    the handgun. All firearms must be unloaded when in or on any motor driven boat
    while the motor is running.

    PDF from the DNR.

    This is why we need to get the law fixed. The hodge podge is definitely confusing.

    Also, vehicle covers bicycles, and basically any other wheeled mode of transport.

  14. #14
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    89

    Post imported post

    I haven't done any anyplace else so far but that the one place you'll find me doing so

  15. #15
    Regular Member anmut's Avatar
    Join Date
    Jan 2010
    Location
    Stevens Point WI, ,
    Posts
    879

    Post imported post

    I really think the train of thought should not be "do they allow (it) on personal property" but "why should we allow government to infringe on our property for any reason."

  16. #16
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497

    Post imported post

    anmut wrote:
    I really think the train of thought should not be "do they allow (it) on personal property" but "why should we allow government to infringe on our property for any reason."
    Just thought it was a great post.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •