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Thread: open carry in wisconsin

  1. #1
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    open carry in wisconsin

    i have only recently begun looking into wisconsins carry laws after several death threats i have received. as far as i can tell it is legal to openly carry a weapon in Wisconsin. im hoping that the concealed weapons ban is removed soon. if anyone could tell me if i would be able to openly carry a handgun it wisconsin that would be great. if it is legal has anyone ever had a problem wuth carrying a weapon in wisconsin? either from law enforcement or other citizens. thanks for the help and input

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    Moderator / Administrator Grapeshot's Avatar
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    A good place to begin your quest on OC follows, check the links:
    http://www.opencarry.org/maps.html
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    im sorry you can ignore my question. i did not realize there was a forum for each state.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by weston502 View Post
    im sorry you can ignore my question. i did not realize there was a forum for each state.
    No problem - welcome to OCDO.

    It's been moved to Wisconsin forum.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member davegran's Avatar
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    Cool Hi Weston; welcome to Open Carry!

    Quote Originally Posted by weston502 View Post
    im sorry you can ignore my question. i did not realize there was a forum for each state.
    Hi Weston; welcome to Open Carry! Unfortunately at this time in the history of gun rights, each state has its own gun laws so you were redirected to the Wisconsin forum. Check out the "stickies" at the top of this page for some helpful threads. If you'll let us know roughly where in the state you are located, some experienced members will introduce themselves and offer to help get you started.
    Dave
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    Regular Member Motofixxer's Avatar
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    Welcome to the board Weston!
    As for more info, you came to a good place. Click Here for my thread on most of what you need to know about Open Carrying in WI. It's also linked in my Sig, and stickied at the top of the WI Sub-Forum for reference.
    Just keep on reading and watching videos and you will hopefully gain a ton of valuable information on a variety of topics. Knowledge is power so keep on gaining it.
    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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    thank you all. im still debating wether or not i should OC. ive been doing alot of reading about it trying to learn as much as i can. i guess my main concern is getting kick out of stores or having someone call the police. ive lived in appleton for the last 20 years and have never seen anyone carrying a weapon.

  8. #8
    Regular Member Motofixxer's Avatar
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    Well if you have gotten death threats, then theoretically you would have a defense if you ever got charged with a concealed weapon. Because your threats to your safety outrank the states prohibition. That's according to previous cases. But again, there are no guarantees. If I was getting death threats, I would keep it all documented and carry anywhere I went, not knowing where or when those threats might be acted on. If you know who it is, you may want to involve the Police also.
    Law abiding citizens haven't been able to carry for more than about 2-3 years in most areas because of the Police views on it. But that is changing quickly regardless of what they feel about the issue. As for stores, most of the time you likely won't be bothered much. Most regular every day stores you won't get hassled.
    Last edited by Motofixxer; 05-16-2011 at 01:16 AM.
    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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    i do know the person who has given me the threats. i feel that talking to the police/ getting a search warrant would only make him more pissed off.

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    anyone elses input would be great. thanks

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    Regular Member gunguy2009's Avatar
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    Welcome to OCDO Weston. We try to carry as much as possible everywhere we can legally go. If I were you I wouldn't be too far from my sidearm. I'm not sure how they work, but you may be able to file a report on him without him knowing, just so its documented. And keep and collect any and all threats you receive. If anything does happen, it will be a huge help to be able to go back to all these reports and show them to the court.

  12. #12
    Regular Member AaronS's Avatar
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    Quote Originally Posted by weston502 View Post
    anyone elses input would be great. thanks

    If you are asking me... I don't think I would put up for death threats at all. I would call the police, and OC every day! I would think you would rather have the police take care of this. The OC part is just a good idea for any person, every day.
    Now remember, I do not know why this guy wants to hurt you so bad. If you gave him a reason, you might just want to let it all cool down.
    Death threats are a big deal to me though...

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    basicaly he is mad about my relationship with his gf. although there is nothing sexual going on between us. lol. anyway for the moment i am living 3 hours away in college. but after this semester i am dropping out and will be living in an area much closer to wear he lives. i think at that point i may consider contacting the police if the threats continue. i have been recieveing them for a little over a month now.

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    Notify the authorities first. You don't want the first time the law hears about this to be when they are arresting you for shooting him. Leave a good trail showing that you have done everything you can to alert the proper authorities to his threats. I would start carrying now, though.
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    ‘‘Laws that forbid the carrying of arms... 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

    Member of NRA, GOA, WCI

  15. #15
    Founder's Club Member springfield 1911's Avatar
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    Invest in a good voice recorder, and carry it where ever you go, Record his threats when verbal and written it will show intensity of threat. As stated above report all threats by him to L.E.O , Document document document, Get a restraining order Most of all be free of instigation and retreat if possible should he act on his threat before using force to stop the threat.


    939.48 Self−defense and defense of others. (1) A person
    is privileged to threaten or intentionally use force against
    another for the purpose of preventing or terminating what the person
    reasonably believes to be an unlawful interference with his or
    her person by such other person. The actor may intentionally use
    only such force or threat thereof as the actor reasonably believes
    is necessary to prevent or terminate the interference. The actor
    may not intentionally use force which is intended or likely to cause
    death or great bodily harm unless the actor reasonably believes
    that such force is necessary to prevent imminent death or great
    bodily harm to himself or herself.
    (2) Provocation affects the privilege of self−defense as follows:
    (a) A person who engages in unlawful conduct of a type likely
    to provoke others to attack him or her and thereby does provoke
    an attack is not entitled to claim the privilege of self−defense
    against such attack, except when the attack which ensues is of a
    type causing the person engaging in the unlawful conduct to reasonably
    believe that he or she is in imminent danger of death or
    great bodily harm. In such a case, the person engaging in the
    unlawful conduct is privileged to act in self−defense, but the person
    is not privileged to resort to the use of force intended or likely
    to cause death to the person’s assailant unless the person reasonably
    believes he or she has exhausted every other reasonable
    means to escape from or otherwise avoid death or great bodily
    harm at the hands of his or her assailant.
    (b) The privilege lost by provocation may be regained if the
    actor in good faith withdraws from the fight and gives adequate
    notice thereof to his or her assailant.
    (c) A person who provokes an attack, whether by lawful or
    unlawful conduct, with intent to use such an attack as an excuse
    to cause death or great bodily harm to his or her assailant is not
    entitled to claim the privilege of self−defense.
    (3) The privilege of self−defense extends not only to the intentional
    infliction of harm upon a real or apparent wrongdoer, but
    also to the unintended infliction of harm upon a 3rd person, except
    that if the unintended infliction of harm amounts to the crime of
    first−degree or 2nd−degree reckless homicide, homicide by negligent
    handling of dangerous weapon, explosives or fire, first−
    degree or 2nd−degree reckless injury or injury by negligent handling
    of dangerous weapon, explosives or fire, the actor is liable
    for whichever one of those crimes is committed.
    (4) A person is privileged to defend a 3rd person from real or
    apparent unlawful interference by another under the same conditions
    and by the same means as those under and by which the person
    is privileged to defend himself or herself from real or apparent
    unlawful interference, provided that the person reasonably
    believes that the facts are such that the 3rd person would be privileged
    to act in self−defense and that the person’s intervention is
    necessary for the protection of the 3rd person.
    (5) A person is privileged to use force against another if the
    person reasonably believes that to use such force is necessary to
    prevent such person from committing suicide, but this privilege
    does not extend to the intentional use of force intended or likely
    to cause death.
    (6) In this section “unlawful” means either tortious or
    expressly prohibited by criminal law or both.
    History: 1987 a. 399; 1993 a. 486; 2005 a. 253.
    Judicial Council Note, 1988: Sub. (3) is amended by conforming references to the
    statute titles as affected by this bill. [Bill 191−S]
    When a defendant testified that he did not intend to shoot or use force, he could not
    claim self−defense. Cleghorn v. State, 55 Wis. 2d 466, 198 N.W.2d 577 (1972).
    Sub. (2) (b) is inapplicable to a defendant if the nature of the initial provocation is
    a gun−in−hand confrontation of an intended victim by a self−identified robber. Under
    these circumstances the intended victim is justified in the use of force in the exercise
    of the right of self−defense. Ruff v. State, 65 Wis. 2d 713, 223 N.W.2d 446 (1974).
    Whether a defendant’s belief was reasonable under subs. (1) and (4) depends, in
    part, upon the parties’ personal characteristics and histories and whether events were
    continuous. State v. Jones, 147 Wis. 2d 806, 434 N.W.2d 380 (1989).
    Evidence of prior specific instances of violence that were known to the accused
    may be presented to support a defense of self−defense. The evidence is not limited
    to the accused’s own testimony, but the evidence may not be extended to the point that
    it is being offered to prove that the victim acted in conformity with his or her violent
    tendencies. State v. Daniels, 160 Wis. 2d 85, 465 N.W.2d 633 (1991).
    Imperfect self−defense contains an initial threshold element requiring a reasonable
    belief that the defendant was terminating an unlawful interference with his or her person.
    State v. Camacho, 176 Wis. 2d 860, 501 N.W.2d 380 (1993).
    The reasonableness of a person’s belief under sub. (1) is judged from the position
    of a person of ordinary intelligence and prudence in the same situation as the defendant,
    not a person identical to the defendant placed in the same situation as the defendant.
    A defendant’s psycho−social history showing past violence toward the defendant
    is generally not relevant to this objective standard, although it may be relevant, as in
    spousal abuse cases, where the actors are the homicide victim and defendant. State
    v. Hampton, 207 Wis. 2d 369, 558 N.W.2d 884 (Ct. App. 1996).
    The right to resist unlawful arrest is not part of the statutory right to self−defense.
    It is a common law privilege that is abrogated. State v. Hobson, 218 Wis. 2d 350, 577
    N.W.2d 825 (1998), 96−0914.
    While there is no statutory duty to retreat, whether the opportunity to retreat was
    available goes to whether the defendant reasonably believed the force used was necessary
    to prevent an interference with his or her person. A jury instruction to that
    effect was proper. State v. Wenger, 225 Wis. 2d 495, 593 N.W.2d 467 (Ct. App. 1999),
    98−1739.
    When a defendant fails to establish a factual basis to raise self−defense, prior specific
    acts of violence by the victim have no probative value. The presentation of subjective
    testimony by an accused, going to a belief that taking steps in self−defense was
    necessary, is not sufficient for the admission of self−defense evidence. State v. Head,
    2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9, 99−3071.
    Although intentionally pointing a firearm at another constitutes a violation of s.
    941.20, under sub. (1) a person is privileged to point a gun at another person in self−
    defense if the person reasonably believes that the threat of force is necessary to prevent
    or terminate what he or she reasonably believes to be an unlawful interference.
    State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00−0064.
    A defendant asserting perfect self−defense against a charge of 1st−degree murder
    must meet an objective threshold showing that he or she reasonably believed that he
    or she was preventing or terminating an unlawful interference with his or her person
    and that the force used was necessary to prevent imminent death or great bodily harm.
    A defendant asserting the defense of unnecessary defensive force s. 940.01 (2) (b) to
    a charge of 1st−degree murder is not required to satisfy the objective threshold showing.
    State v. Head, 2002 WI 99, 255 Wis. 2d 194, 648 N.W.2d 413, 99−3071.
    A person may employ deadly force against another, if the person reasonably
    believes that force is necessary to protect a 3rd−person or one’s self from imminent
    death or great bodily harm, without incurring civil liability for injury to the other.
    Clark v. Ziedonis, 513 F. 2d 79 (1975).
    http://www.youtube.com/watch?v=zJQ34JTqk0I

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  16. #16
    McX
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    death threats, all kinds of threats; been there done that. best advice; study here extensively, learn the laws and their applications, check with the authorities to see what options you have. but most of all: START CARRYING. word tends to get around, and in short order (usually) word gets to those who seek to harm you, and they back off- permanently. The problems may never go away, but indeed will lessen.

    And dont forget to join WISCONSIN CARRY!

  17. #17
    Regular Member AaronS's Avatar
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    Well first off, stay in school. Wish I would have.

    When you move back home, throw an open carry party. Word will get around real fast. Call the news, and you might even get on TV for the party. Once this guy sees you on TV with all of your new friends, I would think he should let up.

    Also, stay away from his women. The triangle thing has been the start and end of a lot of issues for a lot of people.

    Just my thoughts (ya get what ya pay for)...

  18. #18
    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by AaronS View Post
    Well first off, stay in school. Wish I would have.

    When you move back home, throw an open carry party. Word will get around real fast. Call the news, and you might even get on TV for the party. Once this guy sees you on TV with all of your new friends, I would think he should let up.

    Also, stay away from his women. The triangle thing has been the start and end of a lot of issues for a lot of people.

    Just my thoughts (ya get what ya pay for)...
    words of wisdom i agree with you on this arron especially the stay in school part and the open carry partu is a great idea also
    SCOTT

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  19. #19
    Founder's Club Member protias's Avatar
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    +1 on recording anything regarding these threats. You can then get a no contact order (doubtful he'd obey it, but at least you have legal weight). And if you haven't already, practice, practice, practice.
    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)

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    i do have probably 10-15 messages that he has sent me.

  21. #21
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by weston
    ...my main concern is getting kick out of stores or having someone call the police.
    Doesn't happen often, but if a store doesn't want you, leave. Otherwise it's trespassing.
    Get the name & contact info for the manager, or if it's the manager, get info for the owner or corporate, & turn the OC community loose on them.
    (BTW, most of the time, people don't notice. Even in summer, in light-colored clothing, with a black holster & pistol, shaking someone's hand & talking with them for a while, they didn't notice. Another time, people thought my pistol was a "diabetic supply kit".)

    Some places have national corporate policies of following state law, yet the underlings still try to tell OCers they can't shop there. Wal-Mart is famous for this. Call corporate, report the problem, & usually the manager will call & apologize.

    As for having police called, that can be hairy. BTDT, got the settlement.
    1) Watch the various videos showing how to protect yourself in that situation. Think about what you'd do, so if it happens you're not so unprepared.

    2) Know your rights backward & forward, & it helps to know the laws so you can explain them to the officers. (Police often don't really know the laws they're supposed to enforce. Never ask a cop for an opinion about a law.)

    3) Carry a recorder. Video is great, but at least voice.

    4) If they're violating you, DON'T PHYSICALLY RESIST!! Shut up, take lots of mental notes & get a lawyer later. And did I mention "shut up"? See the lower quote in my sig. You have the right to remain silent. Use it. (Watch the "don't talk to cops" videos.)

    Quote Originally Posted by McX
    START CARRYING. word tends to get around, and in short order (usually) word gets to those who seek to harm you, and they back off- permanently.
    What he said.

    Quote Originally Posted by AaronS
    Well first off, stay in school.
    ...throw an open carry party. Word will get around real fast.
    +1, & +1. Maybe mention to the woman that you're celebrating getting your new (whatever brand you prefer), and are having an open carry party for a bunch of friends who also choose to go armed for their own protection. He'll hear it from her.

    Quote Originally Posted by weston
    i do have probably 10-15 messages that he has sent me.
    So he's pretty stupid, leaving a trail of evidence. Verbal or email messages?
    Last edited by MKEgal; 05-16-2011 at 08:39 PM.
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  22. #22
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    Weston, I saw that you mentioned Appleton. Is that where you are now or where you are going to be after this semester? I live in Neenah and have shopped around Appleton in the past. Most stores in Appleton probably don't even notice OC. PM me if you want a list of some good places for first time carry. If you want someone to accompany you for your first time, PM me as well.
    Carry: XD .40 4"

  23. #23
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    i will be moving back to the appleton area in about a week. i am set on buying a hand gun as soon as i save up enough money. although i know my parents will not approve as i will be living with them for the next few months. dont worry i will practice ALOT before i start carrying in public as i certainly dont want to hurt or kill any innocent people. ive been looking at a glock 17.

  24. #24
    Moderator / Administrator Grapeshot's Avatar
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    You might want to look into factory reconditioned Glocks - they sell for less and up the warranty from 1 year to life time apparently.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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