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

GlockRDH

Regular Member
Joined
Sep 24, 2010
Messages
626
Location
north of the Peoples Republic of Madison
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?
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
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.
 

comp45acp

Regular Member
Joined
Nov 20, 2006
Messages
383
Location
Watertown, WI, ,
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.
 

Freedom First

Regular Member
Joined
Dec 8, 2010
Messages
845
Location
Kennewick, Wa.
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!
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
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.
 

Big Dipper

Regular Member
Joined
May 16, 2009
Messages
144
Location
Illinois & Wisconsin
(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?
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
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.
 
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