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Thread: Open Carrying in Village of Pewaukee

  1. #1
    Regular Member grinner's Avatar
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    Open Carrying in Village of Pewaukee

    I had my first discussion with a LEO today about OC, and with Village Hall, and my first open records request. All of which were interesting and courteous for the most part. I'll try to keep this short.

    1. I'm preparing to OC in the downtown Pewaukee Village area.

    2. I mapped out the 1000ft school zones in Pewaukee Village. They don't overlap the downtown area. OK so far.

    3. Pewaukee Village has a "Waterfront Wednesdays" event at the park near the beach every Wednesday from 6-9pm where live music is played and beer is sold. I found out they have a temporary Class B license, so that would make that area off limits to OC during these events.

    4. Wondering how close to the event I could carry, I researched WI 941.237 - Carrying a handgun where alcoholic beverages are sold and consumed.

    5. This area has no obvious boundaries. Beer is sold at a pavilion and consumed nearby. So, where can I carry on Wednesday evenings? On the adjacent sidewalk? Across the street? Farther down the beach on the pier?

    WI 941.237 (e) says “Premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence. WI 125.02 (14m) says "Premises" is defined as it is described in the Class B license.

    So, I'm off to Village Hall to get a copy of the temporary Class B license for Waterfront Wednesdays.

    Here's where the interactions happen and things get interesting...

    I ask the lady at Village Hall for a copy of the Class B license for Waterfront Wednesdays. She asks, "Are you with them?" No. "Who are you with?" Nobody, just me. I'm just making an open records request.

    She looks, can't find it, asks me what this is regarding, gets another woman to help. I said I need to know the boundaries of the premises of Waterfront Wednesdays so I know where it's legal to carry a gun.

    She says, "Oh, have you seen someone with a gun down there? Would you like to file a complaint?" WHAT? NO! I want to CARRY a gun down there!

    SHOCK on her part. "Why would you want to do that?" I didn't even bother to answer. The other lady says, "Sounds like trouble to me," under her breath. I didn't say anything to that either.

    Well, she said the license is on a 10-year renewal, each request just references the prior one, and the original is in cold storage. Since the Police Dept is right across the hall, she wonders if maybe I'd just like to talk to a LEO.

    Fine with me. So she gets one.

    I told the LEO I'm having trouble figuring out where it's legal to carry a gun in the Village, especially on Wednesdays in the downtown area. He was cool, but said the department considers the entire downtown block to be the Class B premises. I asked him if it was therefore legal to drink beer everywhere on the block. Here's where things could have gotten argumentative, but we both realized the inconsistency and we both just let it go.

    I also said it's hard to know where the schools are, where the school property boundaries are, and where 1000 ft is. He said he wouldn't issue a ticket for "980 ft" (gee, thanks) And as long as someone legitimately doesn't know there's a school there (isn't from here, can't see a sign, etc.) they'd just inform the person of the school zone and not write a citation.

    Fair enough.

    So, my plan is to first carry in the Village at times other than Waterfront Wednesday.

    On a Wednesday while not carrying, I'll also see if I can drink a beer somewhere that they say is out of bounds. I might even try to get a written warning for documentation. Because, if drinking the beer there is out of bounds, OC is fair game there, right?

    One more thing. Pewaukee Village still has an ordinance on the books prohibiting ANY carry of a handgun (unless unloaded blah blah) I had the nice Village Hall lady make a copy of that page for me. She charged me $0.25 and we nicely parted ways

    Thoughts?
    Last edited by grinner; 07-30-2010 at 04:04 PM. Reason: grammar

  2. #2
    Wisconsin Carry, Inc. Wisconsin Carry, Inc. - Chairman's Avatar
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    First, interesting discussion about the boundaries of the class b liquor license. I don't have an answer either but it brings up an interesting point (like the unmarked school zones)

    Second, I think these open records requests serve 2 purposes. (well probably more but)

    They let municipalities know that we are researching and holding municipalities accountable for their carry-related policies and communications. Sort of brings to their attention to mind their p's and q's when it comes to lawful carry.

    Second it provides information to us.

    Well done

    Carry ON
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  3. #3
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    The boilerplate permit form is in 'Town Law Forms' as I recall. I doubt the "10-year renewal" fits the spirit of a temporary license and probably is inconsistent with the limits per capita on liquor licenses.

  4. #4
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    Quote Originally Posted by grinner View Post
    She says, "Oh, have you seen someone with a gun down there? Would you like to file a complaint?" WHAT? NO! I want to CARRY a gun down there!
    That's some funny stuff.

    He was cool, but said the department considers the entire downtown block to be the Class B premises. I asked him if it was therefore legal to drink beer everywhere on the block.
    I wish I could think fast on my feet like that, great job.


    Just from your conversations with the staff down there you probably got them all talking now. That's whats great about open carry, even people who don't agree will tell their co-workers and friends about the guy who was "packing" and it gets people thinking.

  5. #5
    Regular Member grinner's Avatar
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    Thanks for your replies. It's always easy to look back and see things a person could have done differently. One thing that's been bothering me this afternoon is that I got it backwards: I should have said I DON'T want to carry at Waterfront Wednesdays. It would be illegal to do so. I want to AVOID Waterfront Wednesdays. But how am I to avoid it if I don't know where the boundary is? I shouldn't have to abandon the Village on Wednesdays just to make sure I'm legal!

    Again, thanks for your replies and encouragement.

  6. #6
    Regular Member johnny amish's Avatar
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    Well done and keep up the good work, we are all better for your effort. Carry on and carry proud.

  7. #7
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    ocing Pewaukee

    Quote Originally Posted by grinner View Post
    Thanks for your replies. It's always easy to look back and see things a person could have done differently. One thing that's been bothering me this afternoon is that I got it backwards: I should have said I DON'T want to carry at Waterfront Wednesdays. It would be illegal to do so. I want to AVOID Waterfront Wednesdays. But how am I to avoid it if I don't know where the boundary is? I shouldn't have to abandon the Village on Wednesdays just to make sure I'm legal!

    Again, thanks for your replies and encouragement.
    don't forget your recorder.

  8. #8
    Founder's Club Member protias's Avatar
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    I would join you, but I'm sort of "out of town."
    Last edited by protias; 08-03-2010 at 09:38 PM.
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