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Thread: OCing, Liqour, written permission....cop comes up to you...what do you do?

  1. #1
    Regular Member GlockRDH's Avatar
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    OCing, Liqour, written permission....cop comes up to you...what do you do?

    Another hypothetical situation that ive not seen addressed...Youre in a restaurant, OCing, w/ written permission...has anyone ever been asked ot produce that piece of paper? Would an LEO ask for more than that? Do you need to have that paper with you while youre there?

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    Regular Member GlockRDH's Avatar
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    I know, I know...DONT TALK TO COPS...lol :-)

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    Regular Member Vandil's Avatar
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    *Turns on voice recorder*

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    Founder's Club Member protias's Avatar
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    I'd ask for the manager.
    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)

  5. #5
    Campaign Veteran GLOCK21GB's Avatar
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    First thing you ask the officer is where is his back up
    http://youtu.be/xWgVGu3OR4U AACFI, Wisconsin / Minnesota Carry Certified. Action Pistol & Advanced Action pistol concepts + Urban Carbine course. When the entitlement Zombies begin looting, pillaging, raping, burning & killing..remember HEAD SHOTS it's the only way to kill a Zombie. Stockpile food & water now.

    Please support your local,county, state & Federal Law enforcement agencies, right ???

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by GlockRDH View Post
    Another hypothetical situation that ive not seen addressed...Youre in a restaurant, OCing, w/ written permission...has anyone ever been asked ot produce that piece of paper? Would an LEO ask for more than that? Do you need to have that paper with you while youre there?
    Well, in this case, he would have RAS and then probable cause so he could arrest you if you clam up.

    It is also a little known exception to the law so you still might have a good argument until someone can actually produce the law books.

  7. #7
    Regular Member hardballer's Avatar
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    Produce the written permission, the manager and ask him to leave.

  8. #8
    Regular Member comp45acp's Avatar
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    Note that the law doesn't require written permission. It just requires permission. I just record the conversation on speaker phone when calling for permission, making sure my name and the owner/managers name is included in the conversation.
    Jim Burgess
    NRA Lifetime

  9. #9
    Regular Member Freedom First's Avatar
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    You guys Rock!

    I am proud of you Wisconsin guys fighting this fight. I live in a state where OC and CC are no real issue other than the public perception of firearms. If I had to get prior permission to OC I would have gone insane by now. Keep it up, Freedom's worth it!
    Freedom can never be lost, only given away by ignorance, by choice, or at the point of a gun. Here in America we can still choose.

    Freedom First 1775

    "I aim to misbehave..." Malcolm Reynolds

  10. #10
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Freedom First View Post
    I am proud of you Wisconsin guys fighting this fight. I live in a state where OC and CC are no real issue other than the public perception of firearms. If I had to get prior permission to OC I would have gone insane by now. Keep it up, Freedom's worth it!
    This is the only place we are required to get permission from.

    941.237 Carrying handgun where alcohol beverages
    may be sold and consumed. (1) In this section:
    (a) “Alcohol beverages” has the meaning given in s. 125.02
    (1).
    (b) “Correctional officer” means any person employed by the
    state or any political subdivision as a guard or officer whose principal
    duties are the supervision and discipline of inmates.
    (c) “Encased” has the meaning given in s. 167.31 (1) (b).
    (cm) “Firearms dealer” means any person engaged in the business
    of importing, manufacturing or dealing in firearms and having
    a license as an importer, manufacturer or dealer issued by the
    U.S. department of the treasury.
    (d) “Handgun” has the meaning given in s. 175.35 (1) (b).
    (dm) “Hotel” has the meaning given in s. 254.61 (3).
    (dr) Notwithstanding s. 939.22 (22), “peace officer” does not
    include a commission warden who is not a state−certified commission
    warden.
    (e) “Premises” has the meaning given in s. 125.02 (14m), but
    excludes any area primarily used as a residence.
    (em) “Private security person” has the meaning given in s.
    440.26 (1m) (h).
    (f) “Target range” means any area where persons are allowed
    to use a handgun to fire shots at targets.
    (fm) “Tavern” means an establishment, other than a private
    club or fraternal organization, in which alcohol beverages are sold
    for consumption on the premises.
    (g) “Unloaded” means any of the following:
    1. Having no shell or cartridge in the chamber of a handgun
    or in the magazine attached to a handgun.
    2. In the case of a caplock muzzle−loading handgun, having
    the cap removed.
    3. In the case of a flintlock muzzle−loading handgun, having
    the flashpan cleaned of powder.
    (2) Whoever intentionally goes armed with a handgun on any
    premises for which a Class “B” or “Class B” license or permit has
    been issued under ch. 125 is guilty of a Class A misdemeanor.
    (3) Subsection (2) does not apply to any of the following:
    (a) A peace officer.
    (b) A correctional officer while going armed in the line of duty.
    (c) A member of the U.S. armed forces or national guard while
    going armed in the line of duty.
    (cm) A private security person meeting all of the following criteria:
    1. The private security person is covered by a license or permit
    issued under s. 440.26.
    2. The private security person is going armed in the line of
    duty.
    3. The private security person is acting with the consent of the
    person specified in par. (d).
    (d) The licensee, owner, or manager of the premises, or any
    employee or agent authorized to possess a handgun by the
    licensee, owner, or manager of the premises.
    (e) The possession of a handgun that is unloaded and encased
    in a vehicle in any parking lot area.
    (f) The possession or use of a handgun at a public or private
    gun or sportsmen’s range or club.
    (g) The possession or use of a handgun on the premises if
    authorized for a specific event of limited duration by the owner or
    manager of the premises who is issued the Class “B” or “Class B”
    license or permit under ch. 125 for the premises.

    (h) The possession of any handgun that is used for decoration
    if the handgun is encased, inoperable or secured in a locked condition.
    (i) The possession of a handgun in any portion of a hotel other
    than the portion of the hotel that is a tavern.
    (j) The possession of a handgun in any portion of a combination
    tavern and store devoted to other business if the store is owned
    or operated by a firearms dealer, the other business includes the
    sale of handguns and the handgun is possessed in a place other
    than a tavern.
    (4) The state does not have to negate any exception under sub.
    (3). Any party that claims that an exception under sub. (3) is applicable has the burden of proving the exception by a preponderance
    of the evidence.
    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)

  11. #11
    Regular Member Big Dipper's Avatar
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    Quote Originally Posted by protias View Post
    (g) The possession or use of a handgun on the premises if
    authorized for a specific event of limited duration by the owner or
    manager of the premises who is issued the Class “B” or “Class B”
    license or permit under ch. 125 for the premises.
    Does this mean that the authorization must come from the license holder (who may be the owner or manager) as opposed to just the "manager" who is currently on duty?

  12. #12
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Big Dipper View Post
    Does this mean that the authorization must come from the license holder (who may be the owner or manager) as opposed to just the "manager" who is currently on duty?
    The manager on duty is the current license holder, so you do not need direct contact with the owner.
    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)

  13. #13
    Wisconsin Carry, Inc. Wisconsin Carry, Inc. - Chairman's Avatar
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    I would simply reply to the officer: "I have permission as required by statute 941.237"
    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.

  14. #14
    McX
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    Last edited by McX; 03-01-2011 at 05:38 PM.

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