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Thread: New Open Carry Laws related to Shall Issue Law passed

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    Question New Open Carry Laws related to Shall Issue Law passed

    I'm curious if the open carry laws have changed due to the new Shall Issue law that just passed. Specifically, can we open carry loaded firearms in our car? I thought I read that we could now, but I want to be sure before I do. I know that once you get a concealed carry permit you can conceal
    carry in your car; but can we open carry without a concealed carry permit?

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    Sec. 32 of Senate Bill 93 of Wisconsin Publically Enrolled Acts of 2011 states: Wisconsin Reivsed Statute 167.31(2)(b) is Revised to Read as Follows:
    Except as Provided in sub. (4), no Person may Place, Possess, or Transport a Firearm, Bow, or Crossbow in or on a Vehicle, other than a Firearm which is a Handgun, as Defined in s. 175.60 (1) (bm), in a Vehicle[,] unless[;] The Firearm is Unloaded and Encased, or unless The Bow or Crossbow is Unstrung or is Enclosed in a Carrying Case.

    The Language of that Code Section Specifically Excludes Handguns from The Blanket Ban Probihition.

    Such Code is Preempted under Wisconsin Revised Statute 66.0409.

    Therefore, it would Appear as if Handgun Carry in a Motor Vehicle, whether Loaded or not, Openly or Concealed, is Permissable under Senate Bill 93 of Wisconsin Publically Enrolled Acts of 2011.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by karcus View Post
    I'm curious if the open carry laws have changed due to the new Shall Issue law that just passed. Specifically, can we open carry loaded firearms in our car? I thought I read that we could now, but I want to be sure before I do. I know that once you get a concealed carry permit you can conceal
    carry in your car; but can we open carry without a concealed carry permit?
    Welcome to OCDO. Glad to see a new face, and to see such a great question posed.

    But just a hint - there is a Wisconsin forum where stuff related specifically to Wisconsin will get a better viewing, and might get more of the politically-involved cheeseheads to read and repond to you.

    stay safe.

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by skidmark View Post
    Welcome to OCDO. Glad to see a new face, and to see such a great question posed.

    But just a hint - there is a Wisconsin forum where stuff related specifically to Wisconsin will get a better viewing, and might get more of the politically-involved cheeseheads to read and repond to you.

    stay safe.
    Yes, come on over to the Wisconsin forum and Welcome to OCDO!

    Quote Originally Posted by karcus View Post
    I'm curious if the open carry laws have changed due to the new Shall Issue law that just passed. Specifically, can we open carry loaded firearms in our car? I thought I read that we could now, but I want to be sure before I do. I know that once you get a concealed carry permit you can conceal
    carry in your car; but can we open carry without a concealed carry permit?
    There's been many a discussion on this exact question and our basic conclusion is that the intent of the bill is to allow open carry in a vehicle without a permit, however there's a caveat. Because they chose to amend Wisconsin state statute 941.23 (the concealed weapons ban) instead of reapealing and recreating it, it's caselaw would seem to remain valid. Part of that case law is State v. Walls which held that a handgun sitting on the seat of a car was "concealed" per the statute. Therefore, without further clarification, we believe you could indeed be cited for illegally concealing a weapon for open carrying in a vehicle if you don't have a permit. We have asked for an opinion on this from the attorney general.

    Also, remember that the bill does not fully go into effect until probably November 1st.

    I am not a lawyer (IANAL) and this doesn't constitute real legal advice.
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