• 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.

Another reason for congressional carry

JJC

Regular Member
Joined
Feb 16, 2010
Messages
283
Location
La Crosse, Wisconsin, USA
"Congressional" carry? Think you meant Constitutional Carry = no permit needed.

Wisconsin already has "Constitutional" carry. The only issue is, Wisconsin's "Constitutional" carry has too many d**m restrictions in place. Let's tell the Wisconsin Lawmakers to "REMOVE" all restrictions. They know Wisconsin has "restricted" "CONSTITUTIONAL" carry. So we shouldn't ask for something we already have. Ask for what is wanted, don't confuse the issue.

Instead of stating Wisconsin should have "Constitutional" carry, state "REMOVE" the restrictions in place on "Constitutional" carry.

JJC
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
Wisconsin does not have Constitutional Carry.... Wisconsin has Open Carry...

Constitutional Carry is not the same as Open Carry...

Outdoorsman.
 

springfield 1911

Founder's Club Member
Joined
Jun 19, 2008
Messages
484
Location
Racine, Wisconsin, USA
My view is this, We do have constitutional carry in as much as article 1 section 25 states, The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. WISC. CONST. art. 1, Sec. 25
There is no mention in manner of carry, open or concealed.

Now if you want to play with words or meaning you could argue that
keep and bear arms for security, defense, hunting, recreation or any other lawful purpose is a manner of carry, And Art. 1 Sec. 25 would be the lawful manner of carry.

The State statutes restrict that right of security and defense While in a state parks, in a school zone, in your vehicle, in establishment with a class b license without consent, and in Gov. buildings and here is where common sense fails, You can be armed in a school zone while on private property, You can be armed standing next to your vehicle, You can go armed state parks as long as it is open for hunting and you have a license to hunt that game, You can go armed outside of Gov. buildings. you may go armed in your buisiness or upon your property concealed.

The statutes are the problem they conflict with Art. 1 Sec. 25.
 
Last edited:

phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
My view is this, We do have constitutional carry in as much as article 1 section 25 states, The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. WISC. CONST. art. 1, Sec. 25
There is no mention in manner of carry, open or concealed.

Now if you want to play with words or meaning you could argue that
keep and bear arms for security, defense, hunting, recreation or any other lawful purpose is a manner of carry, And Art. 1 Sec. 25 would be the lawful manner of carry.

The State statutes restrict that right of security and defense While in a state parks, in a school zone, in your vehicle, in establishment with a class b license without consent, and in Gov. buildings and here is where common sense fails, You can be armed in a school zone while on private property, You can be armed standing next to your vehicle, You can go armed state parks as long as it is open for hunting and you have a license to hunt that game, You can go armed outside of Gov. buildings. you may go armed in your buisiness or upon your property concealed.

The statutes are the problem they conflict with Art. 1 Sec. 25.

Nice analysis, thanks
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Constitutional Carry is distinguished from permitted carry in that no permission slip/permit is required to either OC or CC by otherwise not disallowed persons wherever they are legally allowed to be.

How is that for a BIG bite at half of the apple? :D
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
As I see it, Constitutional Carry is distinguished from open Open Carry because it will (I hope) legally give the individual the choice of either Open Carry or Concealed Carry.

Open Carry as we have it now does not require a permit. I also think (and hope) that if we ever get Constitutional Carry a permit will also not be required. Permits enter the equation when Concealed Carry is being discussed...

I agree that ANY type of carry is a constitutional right, but in Wisconsin, that still doesn't make it "legal".... :banghead:

As far as all the restictions as to transporting in a vehicle, not carrying by a school, etc. etc... these are seperate statutes (yet related too) any type of legal carry in Wisconsin. I totally agree that they should also be repealed or at the very least ammended to be more handgun / carry friendly.

Just my thoughts..

Outdoorsman
 
Last edited:

CalicoJack10

Regular Member
Joined
Dec 28, 2010
Messages
559
Location
Arbor Vitae
Article 1 SS 25 does however reference manner of carry, though it points out that this is all a matter of being able to adhere to state laws.

http://legis.wisconsin.gov/statutes/wisconst.pdf

On page 46, you will see what I mean. The flip side of that is that it also gives a clear way for some to work around the laws regarding concealed carry. And I am not just talking about the "In your home" or "In your business" ways.

It offers 2 questions that you must answer before making the decision to carry concealed.

1) Under the circumstances, did the defendants interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the states interest in enforcing the concealed weapons statute?

Example: Based on the fact that most people are already taken back by the way I look in such a way that it could cause significant reaction (no matter my haircut or manner of dress), the addition of wearing a firearm openly in most situations would likely create undue stress on those in my community.

2) Did the defendant conceal his or her firearm because that was the only reasonable means under the circumstances to exercise his or her right to bear arms.

Example: Wearing my firearm around town openly would likely cause undue, and constant LEO interaction. Though a majority of the time it would be due to the tourists.

I am not saying that is how it is, but if we are quoting the text, we should take it as a whole, and not just the parts we want. Over the last few months I have had more than a little reason to be concerned for the safety of myself and my family. I rarely leave the house (due to work), and when I do I normally carry openly, but there are some situations where I feel it is necessary to carry concealed. And in the event that I am sighted for the Misdemeanor, I am competent enough to walk into court and defend myself in front of a judge.

Quoting the law has little effect when you have to stand up for your rights, however, knowing the case studies and previous judgements will hold as much if not more weight in the event that you have to actually stand up for your rights.

:dude:
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
"Example: Based on the fact that most people are already taken back by the way I look in such a way that it could cause significant reaction (no matter my haircut or manner of dress), the addition of wearing a firearm openly in most situations would likely create undue stress on those in my community."

Form some of your previous posts, I will admit I did picture you as much older than you look in the "photos with firearms" thread...

I Open Carry and as a rule I try to avoid any confrontation with LEO that might result in my arrest (unless it is obvious my legal and constitutional rights are being trampled on). I am ok with that until we get a definitive vote in Madison as to the Constitutional or Conceal Carry Question. Once that queston has been answered I will adjsut my actions accordingly..

Outdoorsman
 
Last edited:

CalicoJack10

Regular Member
Joined
Dec 28, 2010
Messages
559
Location
Arbor Vitae
Form some of your previous posts, I will admit I did picture you as much older than you look in the "photos with firearms" thread...
Outdoorsman


In fact, I am a lot older than I look, and a lot more educated than most give me credit for. Though my writings are not often to caliber with my knowledge, the amount of information I have stuck in my head (As well as how passionately I can convey it verbally) usually puts me in a position where people who can get over my appearance usually end up calling me for advice on a great many things. lol

Though I am betting that the knowledge is all stored in the Mohawk. :dude:
 
Top