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Thread: New to Open Carrying (OC) In WI, Here's what you should know

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    Regular Member Motofixxer's Avatar
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    New to Open Carrying (OC) In WI, Here's what you should know FAQ's

    Quick link to get to this page: http://Tinyurl.com/OpenCarry-WI
    Feel free to contact me if you want the page HTML coding here with all the info to use


    Firearm related Info to DL http://Tinyurl.com/New-to-Guns


    Join WisconsinCarry Inc The Premier, most supportive and effective Gun Rights Organization in WI

    FREE Concealed Carry Training class Through Wisconsin Carry Inc (Meets training requirement for CC License)

    The Armed Badger A WI site dedicated to Concealed Carry in WI



    WI Legal Notes\References: (Click for the links)


    An Open Carry Guide General overview for new carriers

    WI Firearm Carry FAQ's specific overview written by Wisconsin Carry Members

    WI Open Carry Pamphlet Rev July 2012 Or Here's some Business cards I whipped up that are easier to carry.

    Hesitant to OC alone? Message these fine people to assist you, based on your location.


    Fine Dining in Whitewater while armed??? Answer: The Black Sheep (Click for more Info)


    Nationwide Handgun Law www.handgunlaw.us info listed by state (useful for travel)


    ACT35 Concealed Carry Explanation From WI Legislative Council


    Protect yourself and always carry an audio or video recorder. Rather than stating you have a Right to remain silent. Then opening your mouth and keep talking. Simply state that you choose not to answer the question. Don't be intimidated into answering. Fear and intimidation are key techniques taught to control the situation. Be careful what questions you answer. The less you say, the less you have to defend yourself from. (Everything you say CAN and Will be used against you in court)
    "No law allows officers to arrest for obstruction on a person’s refusal to give his or her name. Mere silence is insufficient to constitute obstruction". Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995).
    "You can, and must, keep your mouth shut for protection under the Fifth Amendment." Belnap v US, Et al, District Court (Utah), No C. 149-71.


    Open Carry SIMPLE Requirements Summarized:
    Be a Legal Adult 18+ (21+ to purchase Handguns or Handgun ammo from a store or FFL dealer) 18+ to purchase rifle, shotgun, ammo or handguns\ handgun ammo from private citizen
    Not a Felon
    No Domestic Violence convictions(Some exceptions, do some research)
    Not a Prohibited Person as defined in WI Stat. § 941.29 Prohibited from Possession Person
    Don't carry in a prohibited place ex: School zone or School, gov building, Class B Alcohol restaurant, Posted building, Jail buildings or Federal buildings

    Quick legal summary:
    This is meant to be a SIMPLE summary, this info is not legal advice. Please do your diligent research and familiarize yourself with the corresponding statutes. There are nuances and exemptions to almost every statute. Primarily Handgun info, Long guns have some different restrictions


    Code:
    Loaded Open Carry Without CCW Permit (Unless 5x7 sign posted)		Updated 8-6-13	
    
    Permit required for Open Carry						No
    Carry by Person under 18 (under adult supervision)				Yes
    Airport	 (Public accessible area\secure area)					No
    	-Except unloaded\cased to transport on plane 
    	  according to TSA\Airline guidelines
    Banks							Yes
    Bars/Restararants(Class B-Consumption on premises)					No
    		-(With Owner\Manager Permission)			Yes
    Liquor store-Ex. gas station						Yes
    Churches							Yes
    Courthouses	Cty, State, Federal						No
    Courtrooms (Municipal while in session)						No
    City\Cty Park							Yes
    Federal Properties							No
    Hospital	(No VA Hospitals-Federal)					Yes
    Jails\Prisons, PD,							No
    Theaters							Yes
    Long Rifle(uncased, Not loaded inside car)					Yes
    Malls							Yes
    Mental Institutions							No
    Govt, or Municipal Buildings						No
    National Parks and Rec Areas					Yes
    		-Subject to restrictions following state law, No buildings(Federal)					
    Private Business or Residence					Yes
    Schools	 K-12 (Grounds or within 1000')					No
    State Parks, 	No building Carry					Yes
    Refuges & Fish Hatcheries 				No
    Vehicle(but not in 1000' School Zones)					Yes
    	-Incl ATV and Boats
    	-Restrictions, and Case Law
    Zoo							Yes
    
    If asked to leave or posted, you must or is chargeable as Trespassing
    
    *******************************************************************
    Loaded Conceal/Open a Handgun- With CCW Permit  (Unless 5x7 sign posted)
    
    Capitol Building  -Concealed only except posted areas
    Airport	 (Public accessible area Yes\Not past secure area)			Yes  	No
    		-Except unloaded\cased to transport on plane 
    		  according to TSA\Airline guidelines
    		-Affirmative Defense(“Display” Permit & ID)
    Banks							Yes
    Bars\Restaurants(Class B-Consumption on premises)				Yes
    		-Affirmative Defense(“Display” Permit & ID)
    		-No Consumption of alcohol
    Carry permit with you(Likely be cited if not	)				Yes
    	-Citation dropped if Permit presented within 48 hrs
    Churches							Yes
    Courthouses	Cty, State, Federal						No
    Courtrooms (Municipal, Yes, while in session No)				Yes	No
    		-Recommended No Carry
    City\Cty Park							Yes
    Federal Properties							No
    Hospital	(No VA Hospitals-Federal)					Yes
    Jails\Prisons, PD							No
    Malls							Yes
    Mental Institutions						Yes	No
    Nonsecure area Yes, secure area No
    Recommended No carry anywhere
    Govt, or Municipal Buildings					Yes	
    		Permit is Affirmative Defense(“Display” Permit & ID)
    National Parks and Rec Areas					Yes
    		-Subject to restrictions Ex. (Federal Buildings No Carry)
    NonResident Permit accepted  (All)					Yes
    
    Private Business or Residence					Yes
    Required Disclosure to Officer's(With lawful authority)				Yes
    		-Only applies if Concealing or Affirmative Defense
    		-And “Display” Picture ID
    Schools K-12	  (Grounds)							No
    		-Within 1000' of school (GFSZ)			Yes
    		-Permit is Affirmative Defense(“Display” Permit & ID)
    State Parks, Refuges & Fish Hatcheries					Yes
    		-With restrictions
    Theaters							Yes
    Long Rifle(uncased, Not loaded inside car)					Yes
    Vehicle							Yes
    		-Incl ATV and boats
    		-Restrictions, and Case Law
    Zoo							Yes
    
    If asked to leave or posted, you must or is chargeable as Trespassing
    **********************************************************
    Conceal a Handgun- Without CCW Permit 
    -On your owned or leased property or business
    Sorry the format gets mixed up posting the info, for a more friendly view download the document.
    DL the above Cheatsheet HERE



    All WI Statutes Online (Link)
    WI Stat. § 941.29 Possession of Firearm Prohibited Persons
    WI Stat. § 947.01 DISORDERLY CONDUCT
    WI Stat. § 167.31 Vehicle Transport
    WI Stat. § 175.60 License to Carry Concealed Weapon
    WI Stat. § 941.23 Concealed Weapons Regulation
    WI Stat. § 939.22 Definitions “Dangerous Weapons”
    WI Stat. § 948.605 GFSZ (Gun Free School Zone)
    WI Stat. § 948.61 ”Dangerous Weapons” Needed for “School” Definition
    WI Stat. § 941.235 Carrying in Public\Gov't Buildings
    WI Stat. § 941.237 Carrying in Alcohol establishments
    WI Stat. § 29.089 State Park, Refuge and Hatchery Info
    WI Stat. § 66.0409 State Preemption Statute (Municipalities Can't enforce regulations stricter than State)
    WI Stat. § 943.13 Trespassing, Signage
    WI Stat. § 175.60(21)(b)(c) Signage removes Immunity
    WI Stat. § 175.60(2)(c) Open Carry not limited by License
    WI Stat. § 939.63 Penalties; Use of a “Dangerous Weapon”
    WI Stat. § 948.60 Possession of a dangerous weapon by a person under 18
    WI Stat. § 968.24 Temporary Questioning without Arrest
    WI Stat. § 939.48 Self Defense and defense of others


    Attorney Recommendations, or Contact WI Carry INC


    Click Here for a Long List
    of Fascinating Trial quotes\Case Law (Excellent to carry with you)

    Real Law and Definitions (Excellent to carry with you)

    Need to defend yourself Here is some valuable information regarding a legal defense.

    Our Inalienable Right to Travel Secured by the Constitution and Case info- A MUST READ

    WI Concealed Carry case info by Captain Nemo

    A Citizens Rule Book and Guide A description of your real authority, Jury and Juror Info, Index's of Real Law Documents, Our obligations A MUST READ

    More Case law info by BrassMagnet and links to Statutes


    WI to receive $571 Million in Economic Benefit with Constitutional Carry

    GUNS GOOD BANS BAD (A Statistical Analysis summary prepared for WI Carry Inc.)




    RAS(Reasonable Articulated Suspicion, Detentions and Arrests)

    Officers were educated on ID'ing, were polite and professional and admitted they were wrong on video

    Detentions and Arrests, info and definitions by cowboyridn

    Detention descriptions, consensual and when to walk away. An informational read

    3 Different levels of Police/Citizen encounters Explained

    4th and 5th Amendment Resources by user Citizen


    http://caselaw.findlaw.com/us-7th-circuit/1027378.html
    The only fact that saves the officer's stop of DeBerry, in my opinion, is the fact that it is unlawful in Illinois to carry a concealed weapon.
    The tipster informed the police that DeBerry was armed, and it appears from the facts before us that the weapon was not in plain view.
    I do not agree that this case would necessarily come out the same way if Illinois law, like the law of many states, authorized the carrying of concealed weapons.
    At that point, the entire content of the anonymous tip would be a physical description of the individual, his location, and an allegation that he was carrying something lawful (a cellular telephone? a beeper? a firearm?).
    This kind of nonincriminatory allegation, in my view, would not be enough to justify the kind of investigatory stop that took place here.

    This section authorizes officers to demand identification only when a person is suspected of committing a crime, but does not govern the lawfulness of requests for identification in other circumstances. State v. Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, 98-0931.
    http://scholar.google.com/scholar_ca...=1&oi=scholarr
    52 F.3d 194 UNITED STATES of America, Plaintiff-Appellee, v. Coye Denise GREEN, Defendant-Appellant. No. 94-1675. United States Court of App

    Regalado v. State, 25 So. 3d 600 - Fla: Dist. Court of Appeals, 4th Dist. 2009
    "Despite the obvious potential danger to officers and the public by a person in possession of a concealed gun in a crowd, this is not illegal in Florida unless the person does not have a concealed weapons permit, a fact that an officer cannot glean by mere observation. Based upon our understanding of both Florida and United States Supreme Court precedent, stopping a person solely on the ground that the individual possesses a gun violates the Fourth Amendment."


    In evaluating the validity of investigatory stops, we must consider the "totality of the circumstances--the whole picture." United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (quoting United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)). Reasonable suspicion must derive from more than an "inchoate and unparticularized suspicion or 'hunch.' " Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). Moreover, "[c]onduct typical of a broad category of innocent people provides a weak basis for suspicion." United States v. Weaver, 966 F.2d 391, 394 (8th Cir.) (quoting United States v. Crawford, 891 F.2d 680, 681 (8th Cir.1989)), cert. denied, --- U.S. ----, 113 S.Ct. 829, 121 L.Ed.2d 699 (1992).

    A number of the factors relied upon by Carrill can be characterized as "conduct typical of a broad category of innocent people." Weaver, 966 F.2d at 394. We reject the notion that Green's travelling alone, carrying a small bag, wearing new and baggy clothes, and failing to make eye contact with Carrill, are in any way indicative of criminal activity. Thus, these factors cannot play a role in assessing the validity of the investigatory stop.

    Under Florida v. J.L., an anonymous tip giving rise to reasonable suspicion must bear indicia of reliability. That the tipster's anonymity is placed at risk indicates that the informant is genuinely concerned and not a fallacious prankster. Corroborated aspects of the tip also lend credibility; the corroborated actions of the suspect need be inherently criminal in and of themselves., 2001 WI 21, 241 Wis. 2d 631, 623 N.W.2d 106, 96-1821. State v. Williams

    “Mr. St. John’s lawful possession of a loaded firearm in a crowded place could not, by itself, create a reasonable suspicion sufficient to justify an investigatory detention.” St. John v. McColley

    The Tenth Circuit found that an investigatory detention initiated by an officer after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity. United States v. King (1993)

    “The mere presence of firearms does not create exigent circumstances.” WI v. Kiekhefer (1997)

    An anonymous tip is not RAS

    ID'ing yourself discussion



    FAQ (Summarized)

    DETAIN: To retain as the possession of personalty. First Nat. Bank v. Yocom, 96 Or. 438, 189 P. 220, 221. To arrest, to check, to delay, to hinder, to hold, or keep in custody, to retard, to re strain from proceeding, to stay, to stop. People v. Smith, 17 Cal.App.2d 468, 62 P.2d 436, 438. (Blacks Law 4th Ed, Pg 535)

    ARREST: To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812. Physical seizure of person by arresting officer or submission to officer's authority and control is necessary to constitute an "arrest." Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213. It is a restraints however slight, on another's liberty to come and go. Turney v. Rhodes, 42 Ga.App. 104, 155 S.E. 112. It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest. U. S. v. Benner, Bald. 234, 239, Fed.Cas.No.14,568; State v. District Court of Eighth Judicial Dist. in and for Cascade County, 70 Mont. 378, 225 P. 1000, 1001; Hoppes v. State, 105 P.2d 433, 439, 70 Okl.Cr. 179.(Blacks Law 4th Ed, Pg 140)

    SEIZE: seize,vb.1. To forcibly take possession (of a person or property). 2. To place (someone) in
    possession. 3. To be in possession (of property).4. To be informed of or aware of (something). See
    SEISIN; SEIZURE.(Blacks Law 8th Ed, Pg 4237)

    SEIZURE: seizure,n. The act or an instance of taking possession of a person or property by legal right or
    process
    ; esp., in constitutional law, a confiscation or arrest that may interfere with a person's
    reasonable expectation of privacy.
    [Cases: Arrest 68(4); Searches and Seizures 13.1. C.J.S.
    Arrest § 45; Searches and Seizures§§ 8, 13, 20, 23, 70, 72.](Black's Law Dictionary 8th Ed, Page 4238)

    MWAG: (Man With A Gun) The typical type of call the police get from a 911 caller about a person carrying a firearm
    Open Carry: (Abbreviated "OC") Defined as openly carried and visible to a casual observer, not concealed. Generally in a holster on the hip. There is no legal definition of approved holster or where holster is carried.
    LEO: Abbreviated Law Enforcement Officer
    RAS:Reasonable Articulated Suspicion; Required for an officer to legally detain you. They may casually ask you anything though.
    Constitutional Carry:A person of legal age and not adjudicated as a prohibited person has the Right to carry a Firearm in any manner Open or Concealed.
    FOIA:Freedom of Information Act, a request can be submitted for any information in the possession of a government agency under this act
    FFL: Federal Firearms License; Required for many situations regarding firearms, mostly for a business
    Loaded?: Yes can be carried loaded with full mag and one in the chamber.
    Mags in vehicle & cases: Mags can be full and transported anywhere in vehicle and encased with firearms.(Beware when crossing State Line)

    How to load\unload in parking lot: Exit vehicle, Activate Recorder, remove encased firearm from vehicle, remove firearm from case and load, place firearm in holster, replace case into vehicle(without firearm entering vehicle). Upon returning to vehicle- Remove empty case from vehicle(without firearm entering vehicle), unload firearm, place unloaded firearm in case with mags etc, place encased unloaded firearm in vehicle.

    CPL: Concealed Pistol License
    CCW:Concealed Carry Weapon(a license)
    LTCF:License To Carry Firearm(License used by some states for legal carrying or transporting)
    May Issue\Shall Issue: Legal Policy used by states referring to how they will issue carry permits. May issue: Means they have the option not to issue. Shall issue: means they will issue if your not a prohibited person.

    Will I be kicked out of stores and restaurants? No not most of the time. Most people will not even notice your carrying unless they have direct view of your sidearm. Then most people will observe you for a couple seconds, deem you not a threat, and go about their business. The very interested curious guys, will typically keep eyeballing you. Kids may question you. Be polite and answer honestly like "it's to keep the bad guys away".
    What do I do if asked to leave a store? Leave Asap. Be polite, but try to get the name and position of the employee talking to you to address later.
    What if the Police show up?They might get called, that's ok. Make sure your recorder is running for everyone's protection. Be polite figure out how you want to address their presence. Go about your lawful business and let them address you first. (watch the videos to help you figure out what you need to know on how to deal with them) Remember they are required to have RAS(Reasonable Articulated Suspicion) for any detention. Ask if your being detained, if not then you may go. If yes, you may want to use rule number 1 in dealing with officers- Rule No. 1: Shut UP!!! "No law allows officers to arrest for obstruction on a person’s refusal to give his or her name. Mere silence is insufficient to constitute obstruction". Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802 (1995). Remember they are not there to be your friend and have a friendly chat!!! How you choose to handle the situation is your business, your choice and your consequences.


    Why carry? Law Enforcement has no duty to Protect:

    Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981)
    DeShaney v. Winnebago County Department of Social Services (109 S.Ct. 998, 1989; 489 U.S. 189 (1989))
    Balistreri v. Pacifica Police Department (901 F.2d 696 9th Cir. 1990
    Zinermon v. Burch (110 S.Ct. 975, 984 1990; 494 U.S. 113 (1990)
    Riss v. New York, 240 N.E.2d 860 (N.Y.1968).
    Hartzler v. City of San Jose, 46 Cal. App. 3d 6 (1st Dist. 1975) http://www.lawlink.com/research/caselevel3/51629
    South v. Maryland http://supreme.justia.com/cases/fede.../396/case.html
    Bowers v. Devito http://www.leagle.com/xmlResult.aspx...WAR1-1950-1985
    Davidson v. City of Westminster http://scocal.stanford.edu/opinion/d...tminster-28281
    Westbrooks v. State of California http://law.justia.com/cases/californ.../173/1203.html
    Lozito v. New York PD 2012

    No duty to protect article, with sources.
    http://www.endtimesreport.com/NO_AFFIRMATIVE_DUTY.htm


    Here are some great gun related T-shirts (No affiliation, just same cool Tee's)

    Madison 5 Culver's Incident Audio & Info

    Audio PT1
    Audio PT2, PD Radio Audio, 911 Call
    Blackberry Audio
    Youtube vid of Madison PD Dashcam
    Youtube Vid of 911 call PT1
    Youtube Vid of 911 call PT2
    Madison PD Legal Update regarding ID of detainees
    Madison PD Policy on Rights of Detained Persons

    Chief Noble Wray
    City of Madison
    Police Department
    211 S. Carroll St.
    Madison, WI 53703

    CHIEF'S OFFICE:
    (608) 266-4022
    Email: Police@CityofMadison.com

    SGT BERNIE GONZALEZ, Initiated arrests
    OFC JASON RAMIREZ, First on scene, Initiated Arrests after stating to SGT there was no disturbance
    OFC HARRISON ZANDERS, Participated in Arrest
    OFC COLLEEN MICHELSON, Participated in Arrest
    OFC HEATHER DZICK,
    Det. THOMAS HELGREN, Later investigated\isssued Disorderly conduct citations

    All charges Dismissed, Federal Civil Rights violation suit filed. Offer of Settlement was made by Madison PD and accepted.

    Blacks Law Dictionary Downloads
    Blacks Law Dictionary 4th ed
    Blacks Law Dictionary 8th ed


    WI Specific videos (Click for the links)

    The Fork in WI Gun Statutes by Doug Huffman

    Madison Police Department vs Delavan Police Department

    Constitutional Carry Ad for WI


    General Important Videos: (Click to follow links)

    Don't Talk to Cops (PLEASE WATCH, Important for any and all Law Enforcement Encounters)

    How to Remain silent when questioned by Police

    How to ASSERT your Rights and freedoms when questioned by Police

    Excellent response when questioned by Police

    DUI Refusal

    Another DUI refusal

    UN Plans to destroy all non military firearms

    Respect and Check your Firearm Infamous DEA agent shoots his foot while giving speech about Gun Safety

    Should you carry with a chambered round???

    Short explanation on One in the Pipe

    How to refuse a Police Search

    How to keep Police from Searching

    The RIGHT Way to handle a Police Stop

    The WRONG Way to handle a Police Stop

    Traffic Stops: Know your RIGHTS EP.4

    Surviving Police Encounters

    How to Act if You're Stopped by the Police

    No Guns for African Americans Vid download page

    BULLSH#T! On Gun Laws Part 1

    BULLSHI#! On Gun Laws Part 2

    BULLSH#T! On Gun Laws Part 3

    John Stossel- 20/20 Gun control segment



    The contents of this post are an informative reference only and are NOT a substitute for sound legal advice from a licensed attorney in your jurisdiction!!!

    Thanks goes to my Lord and Savior Jesus Christ, and my Mom and Dad, and the fans...oops wrong speech. Thanks to Wisconsin Carry Inc, J.Gleason, Captain Nemo and Doug Huffman

    Anything else I should add just let me know and I will edit to keep it all in one post.
    Last edited by Motofixxer; 08-16-2014 at 01:13 PM.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  2. #2
    Founder's Club Member protias's Avatar
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    Nice to have them all in a single thread.
    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)

  3. #3
    Regular Member Motofixxer's Avatar
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    Yep, I'm thinking sticky???
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

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    Maybe throw in "requirements" of oc. Example, 18 or older and not a felon. Then out of state people can stop asking... :-p

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    Regular Member Hunting Mama's Avatar
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    Excellent reference thread! Thanks!

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    So, regarding the section on carrying in Class B taverns... I just opened one in Milwaukee. Now, I don't want to be running around with a gun on my hip, scaring families coming for dinner (not that they should be scared... sigh). Because it's a premises I lease, am I allowed to carry concealed, or is it a "public space" where concealed is still illegal?

  7. #7
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Billious View Post
    So, regarding the section on carrying in Class B taverns... I just opened one in Milwaukee. Now, I don't want to be running around with a gun on my hip, scaring families coming for dinner (not that they should be scared... sigh). Because it's a premises I lease, am I allowed to carry concealed, or is it a "public space" where concealed is still illegal?
    IANAL (I am not a lawyer), but since you are the owner of said business, you should be able to carry [how you please] in there.
    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)

  8. #8
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Billious View Post
    So, regarding the section on carrying in Class B taverns... I just opened one in Milwaukee. Now, I don't want to be running around with a gun on my hip, scaring families coming for dinner (not that they should be scared... sigh). Because it's a premises I lease, am I allowed to carry concealed, or is it a "public space" where concealed is still illegal?
    The WI Supreme Court has ruled that a business owner can conceal carry in his business. I believe it was State v Hamdan
    Last edited by paul@paul-fisher.com; 03-10-2011 at 10:27 AM. Reason: Fixed typo

  9. #9
    Regular Member XDFDE45's Avatar
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    That would be one Paul
    Wisconsin Carry Member
    My Castle Doctrine Law

    Don't wish ill upon your enemy......plan it.

  10. #10
    Regular Member 77zach's Avatar
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    The absurdity of gun control

    It's hilarious that here in Florida we're fighting for OC and WI is fighting for CC. It's hot as Hades here and we have to conceal and it's deathly cold in Wi and OC is required. If it's OC we want, then the anti's say that it will be the wild west and frightening. But if it's CC that you want, OC is less sinister and we can't have people hiding their guns.

    Dumb, obtuse, retarded, evil, insane, recalcitrant government.

  11. #11
    Regular Member BrewTownBagger's Avatar
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    Can you go into a post office while OC'ing?

  12. #12
    Regular Member Pyro01's Avatar
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    Quote Originally Posted by BrewTownBagger View Post
    Can you go into a post office while OC'ing?
    I don't think so because isn't that considered Federal Property?
    Join Wisconsin Carry today, defend your rights!

    Wisconsin Carry member since March, 2011

    "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    - Thomas Jefferson

  13. #13
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by BrewTownBagger View Post
    Can you go into a post office while OC'ing?
    Definitely not. It violates Federal law.

  14. #14
    Regular Member gazambo's Avatar
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    Learn Something New Every Day

    I have learned more on this thread in 1 hour than I learned in all my readings. Why don't we hear more about WI OC? I understabd it is rather restrictive regarding travel and such but I would have thought I should have known more about it.

  15. #15
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by gazambo View Post
    I have learned more on this thread in 1 hour than I learned in all my readings. Why don't we hear more about WI OC? I understabd it is rather restrictive regarding travel and such but I would have thought I should have known more about it.
    I open carry every day. Look at one of the sticky threads and come on by an OC event.

  16. #16
    Regular Member Motofixxer's Avatar
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    Way to go Gazambo, That was the whole idea behind consolidating the info and posting it. I'm glad you found it informative. Keep expanding your knowledge, because that knowledge really is Power!!!
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  17. #17
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by gazambo View Post
    I have learned more on this thread in 1 hour than I learned in all my readings. Why don't we hear more about WI OC? I understabd it is rather restrictive regarding travel and such but I would have thought I should have known more about it.
    Come to Lizzy's tomorrow evening.
    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)

  18. #18
    Campaign Veteran Running Wolf's Avatar
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    Quote Originally Posted by gazambo View Post
    I have learned more on this thread in 1 hour than I learned in all my readings. Why don't we hear more about WI OC? I understabd it is rather restrictive regarding travel and such but I would have thought I should have known more about it.
    I just sent you a PM. The adopt a first timer thread is here: http://forum.opencarry.org/forums/sh...-a-first-timer
    When rights are outlawed only outlaws will have rights.

    Never attribute to malice that which is adequately explained by stupidity. - Hanlon's Razor

    No American citizen should be willing to accept a government that uses its power against its own people. - Catherine Engelbrecht

  19. #19
    Regular Member Motofixxer's Avatar
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    Read this thread Then ask yourself "why do we have to...."
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  20. #20
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    It Might Be Useful

    if you simply state the individual must not be prohibited from possessing a firearm under federal or state law. Being too specific can get sticky. Not every felony (although most) is disqualifying. Some state misdemeanors (other than domestic violence) are disqualifying. Being subject to a DV restraining order (not convicted) is also disqualifying (at least temporarily). A pardon will remove most disabilities. This is opencarry.org not gunpossession.org. You shouldn't assist in the process of determining whether or not a person can possess. Another thought is to place the legal reference next to the rule of thumb such as:

    No Public\Govt buildings
    .....see Wis. Stat. § 941.235 Carrying firearm in public building.
    No school zones (knowingly in school zone, but on Private Property is OK)
    .....see Wis. Stat. § 948.605 Gun−free school zones.
    No Concealed
    .....see Wis. Stat. § 941.23 Carrying concealed weapon.
    etc.

    I suggest using the actual title of the statute to avoid any confusion.

  21. #21
    Regular Member Motofixxer's Avatar
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    I think I understand your suggestion. The info your quoting is a "quick summary" by no means is it meant to be all inclusive or descriptive. It's only meant to be a quick reference and "safe" approach. Thats why most of the real statutes are listed for reference and research.
    Last edited by Motofixxer; 04-18-2011 at 11:48 PM.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  22. #22
    Regular Member Motofixxer's Avatar
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    I have made a few additions here so feel free to use this or link it as a resource.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  23. #23
    Regular Member Motofixxer's Avatar
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    I just added a link to a thread I posted about useful info needed to defend yourself. It's right under the links for the statutes, titled "Need to Defend yourself"
    Last edited by Motofixxer; 05-23-2011 at 11:37 PM.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  24. #24
    Regular Member Tom Maassen's Avatar
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    Thank you for the info! I've searched everywhere for a comprehensive list like this!

  25. #25
    Regular Member davegran's Avatar
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    Hi Tom!

    Quote Originally Posted by Tom Maassen View Post
    Thank you for the info! I've searched everywhere for a comprehensive list like this!
    Welcome to the forum, Tom! Take a good look around, there is a lot of valuable information at your fingertips. There are also lots of opportunities to meet up with old-timers and newbies alike; either over coffee, ice cream, or a meal. In addition we are an active group with many meet-ups where we give something back to the community, like our Adopt-a-Highway program. I hope to see you around Wisconsin in the future!
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

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