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Thread: Concealed carry on your own property, under current law?

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    Regular Member cleveland's Avatar
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    Concealed carry on your own property, under current law?

    Is there an exclusion to the prohibition against concealed carry under the current law that allows for a person concealed carry on their own property, place of business, etc...?

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    "I don't really care for "cream cheese"..."

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    Regular Member xenophon's Avatar
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    Yes. In a nutshell, the memo published for SB93 SSA 2 stated this exception:

    An individual who carries a concealed and dangerous weapon in his or her own dwelling
    or place of business or on land that he or she owns, leases, or legally occupies.

    ETA: Oh you said CURRENT LAW. Wasn't sure if you meant the new bill that got passed by the WI Legislature...
    Last edited by xenophon; 06-24-2011 at 12:22 AM.

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    Regular Member cleveland's Avatar
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    Quote Originally Posted by Mlutz View Post
    Where was the yes in that... other then an officer or the ability to prove a need that outweigh public interest. Did I miss it, or was that it?


    Quote Originally Posted by xenophon View Post
    Yes. In a nutshell, the memo published for SB93 SSA 2 stated this exception:
    ETA: Oh you said CURRENT LAW. Wasn't sure if you meant the new bill that got passed by the WI Legislature...
    Yes, I mean right now, today.

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    "The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan"

    :-) Does this help?
    "I don't really care for "cream cheese"..."

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    Regular Member cleveland's Avatar
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    It's late, please bear with me. The whole paragraph reads:

    The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual's need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056. See also State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01-0350.

    According to the first half of that, the right to conceal only applies if the need outweighs public interest. Can the prosecution argue that my need, on my own property, does not outweigh public interest?

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    Anything is possible... They would need to prove that you were cc though. If you are on your own property, what business do they have on yours checking you out? The answer is yes and no, because there is an exception. Wish I could be of more assistance.
    "I don't really care for "cream cheese"..."

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    Regular Member cleveland's Avatar
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    I get it. Thanks for your feedback.

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