Motofixxer
Regular Member
New to Open Carrying (OC) In WI, Here's what you should know FAQ's
A 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 [url]http://Tinyurl.com/New-to-Guns[/URL]
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 Membershttps://docs.google.com/document/d/1X8jyFv0nSaRdFCytZEcovVThwGHXR9b_lOiZgmjWDbk/edit#
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.
Hungry in Whitewater while armed??? Answer: The Black Sheep, Casual Joes (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, Federal buildings or Federal lands(ie postal property)
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
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(10) 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(2) State Preemption Statute (Municipalities Can't enforce regulations stricter than State)
WI Stat. § 943.13 Trespassing, Signage
WI Stat. § 175.60(21)(b) Signage removes Immunity
WI Stat. § 175.60(21)(C) Employer Immune allowing concealed
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. § 939.48 Self Defense and defense of others
WI Stat. § 939.49 Defense of Property & Protection against Retail Theft
WI Stat. § 968.24 Temporary Questioning without Arrest
WI Stat. § 968.25 Search during temporary questioning
WI Stat. § 940.30 False Imprisonment (Felony)
WI Stat. § 940.31 Kidnapping (Felony)
WI Stat. § 947.013 Harassment (Misdemeanor to Felony)
WI Stat. § 940.32 Stalking (Felony)
WI Stat. § 946.12 Misconduct in Public Office-Duty Refusal Class I (Felony)
WI Stat. § 940.19 Battery (Misdemeanor or Felony)
WI Stat. § 939.31 Conspiracy (Felony)
WI Stat. § 968.07 Arrest by a law enforcement officer.
A person is not under arrest and the officer is not attempting an arrest, so far as the right to use force is concerned, until the person knows or should know that the person restraining or attempting to restrain him or her is an officer. Celmer v. Quarberg, 56 Wis. 2d 581, 203 N.W.2d 45 (1972).
https://scholar.google.com/scholar_c...=4,50&as_vis=1
WI Stat. § 968.073(1)(a) Recording custodial interrogations definition
"a reasonable person in the suspect's position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way"
Citizens arrest info:
http://scholar.google.com/scholar_c...&q=114+Wis.+2d+332&hl=en&as_sdt=4,50&as_vis=1 State v. Slawek Section 337, 338
http://scholar.google.com/scholar_case?case=9929772768047246653&hl=en&as_sdt=5,50&sciodt=4,50 Waupaca County v. Krueger, Wis: Court of Appeals, 4th Dist. 2011
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
Knowledge and the application of it is power as clearly shown in this vid. KNOW your rights and freedoms
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_case?case=1226046509410140751&hl=en&as_sdt=2&as_vis=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
Are you arrested when detained?
Actual custody has been defined to mean actual imprisonment or physical detention. State v. Schaller, 70 Wis. 2d 107, 111, 233 N.W.2d 416, 418 (1975).
https://scholar.google.com/scholar_...3&q=152+Wis.+2d+68&hl=en&as_sdt=4,50&as_vis=1 Line 75 In Custody when the “ability or freedom of movement had been restricted” State v. Adams, 447 NW 2d 90 - Wis: Court of Appeals 1989
See also WI Stat. § 968.073(1)(a) Recording custodial interrogations definition
"a reasonable person in the suspect's position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way"
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) https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
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
Bowers v. Devito
Davidson v. City of Westminster
Westbrooks v. State of California
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(At that time) Now Chief Mike Koval
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)
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???
Good explanation One in the Pipe with sample video
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
FIRST PERSON DEFENDER video training series...Excellent real world training and instruction for real situations
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.
A 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 [url]http://Tinyurl.com/New-to-Guns[/URL]
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 Membershttps://docs.google.com/document/d/1X8jyFv0nSaRdFCytZEcovVThwGHXR9b_lOiZgmjWDbk/edit#
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.
Hungry in Whitewater while armed??? Answer: The Black Sheep, Casual Joes (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, Federal buildings or Federal lands(ie postal property)
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(10) 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(2) State Preemption Statute (Municipalities Can't enforce regulations stricter than State)
WI Stat. § 943.13 Trespassing, Signage
WI Stat. § 175.60(21)(b) Signage removes Immunity
WI Stat. § 175.60(21)(C) Employer Immune allowing concealed
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. § 939.48 Self Defense and defense of others
WI Stat. § 939.49 Defense of Property & Protection against Retail Theft
WI Stat. § 968.24 Temporary Questioning without Arrest
WI Stat. § 968.25 Search during temporary questioning
WI Stat. § 940.30 False Imprisonment (Felony)
WI Stat. § 940.31 Kidnapping (Felony)
WI Stat. § 947.013 Harassment (Misdemeanor to Felony)
WI Stat. § 940.32 Stalking (Felony)
WI Stat. § 946.12 Misconduct in Public Office-Duty Refusal Class I (Felony)
WI Stat. § 940.19 Battery (Misdemeanor or Felony)
WI Stat. § 939.31 Conspiracy (Felony)
WI Stat. § 968.07 Arrest by a law enforcement officer.
A person is not under arrest and the officer is not attempting an arrest, so far as the right to use force is concerned, until the person knows or should know that the person restraining or attempting to restrain him or her is an officer. Celmer v. Quarberg, 56 Wis. 2d 581, 203 N.W.2d 45 (1972).
https://scholar.google.com/scholar_c...=4,50&as_vis=1
WI Stat. § 968.073(1)(a) Recording custodial interrogations definition
"a reasonable person in the suspect's position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way"
Citizens arrest info:
http://scholar.google.com/scholar_c...&q=114+Wis.+2d+332&hl=en&as_sdt=4,50&as_vis=1 State v. Slawek Section 337, 338
http://scholar.google.com/scholar_case?case=9929772768047246653&hl=en&as_sdt=5,50&sciodt=4,50 Waupaca County v. Krueger, Wis: Court of Appeals, 4th Dist. 2011
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
Knowledge and the application of it is power as clearly shown in this vid. KNOW your rights and freedoms
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_case?case=1226046509410140751&hl=en&as_sdt=2&as_vis=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
Are you arrested when detained?
Actual custody has been defined to mean actual imprisonment or physical detention. State v. Schaller, 70 Wis. 2d 107, 111, 233 N.W.2d 416, 418 (1975).
https://scholar.google.com/scholar_...3&q=152+Wis.+2d+68&hl=en&as_sdt=4,50&as_vis=1 Line 75 In Custody when the “ability or freedom of movement had been restricted” State v. Adams, 447 NW 2d 90 - Wis: Court of Appeals 1989
See also WI Stat. § 968.073(1)(a) Recording custodial interrogations definition
"a reasonable person in the suspect's position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way"
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) https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
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
Bowers v. Devito
Davidson v. City of Westminster
Westbrooks v. State of California
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(At that time) Now Chief Mike Koval
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)
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???
Good explanation One in the Pipe with sample video
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
FIRST PERSON DEFENDER video training series...Excellent real world training and instruction for real situations
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.
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