• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Concealed carry on your own property, under current law?

cleveland

Regular Member
Joined
Aug 10, 2007
Messages
289
Location
West Allis, WI
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...?
 

xenophon

Regular Member
Joined
Jul 2, 2008
Messages
316
Location
Milwaukee, Wisconsin, USA
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:

cleveland

Regular Member
Joined
Aug 10, 2007
Messages
289
Location
West Allis, WI

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?


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.
 

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
"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?
 

cleveland

Regular Member
Joined
Aug 10, 2007
Messages
289
Location
West Allis, WI
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?
 

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
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.
 
Top