Dane Co. man charged with DC while armed.

thebigsd said:

Uh...you don't do it. Simply explain to them that your handgun stays holstered. If they really want to learn, and you feel comfortable, give them some contact information. Then take them to the range. There is no way I am letting a total stranger look at or hold my gun in public.

Edit: added the words "in public"

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What about a friend or relative?

My handgun range is in my yard, so I could just invite them over.

Fallschirmjäger said:

I'm a bit fuzzy on WI laws, but isn't WI an open carry state?

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Open Carry is legal simply because there is no Statute prohibiting it. Beginning November 1st the Statutes will expressly affirm that Open Carry is not disorderly conduct in the absence of other disorderly behavior.

Fallschirmjäger said:

Two guys fondling a firearm is no more abusive, indecent, profane or boisterous than two guys fondling a new iPhone.

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Unfortunately it tends to cause a disturbance among the timid more than an iPhone.... Although Openly Carrying a holstered firearm has been nearly universally accepted her in Wisconsin as not being disorderly, once you remove your firearm from its holster (except for loading, unloading and the initial removing it from storage and holstering or removing it from the holster to store it) all bets are off and you will be more apt to wind up defending your actions in court...

BROKENSPROKET said:

What about a friend or relative?

My handgun range is in my yard, so I could just invite them over.

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Well, yes that would be an entirely different situation. 1. Your yard is not public. 2. Your yard is a range. 3. A friend or relative is not a complete stranger. In that case, if you are comfortable, I say go for it!

BROKENSPROKET said:

This has raised a question for me and maybe someone has an answer.

If you are out in public and Open Carrying, and someone wanted to look at your handgun and you consented, how would you do it?

For me, my handgun never leaves the holster, but noone has asked to see it cuz it's not pretty. And I am not really into handguns, so I never ask anyone else.

How would you do it, if not in a bathroom stall?

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What everyone else said.

Gun only comes out of the holster in public (not at a range) if I need to use it or if I am doing the soon to be missed banana car dance.

I have to admit that I do take me handgun out of its holster when I am in a bathroom stall, because if I don't, it will go all the way to the floor in a hurry. If I am carrying, I use a bathroom stall for both #1 and #2.

BROKENSPROKET said:

I have to admit that I do take me handgun out of its holster when I am in a bathroom stall, because if I don't, it will go all the way to the floor in a hurry. If I am carrying, I use a bathroom stall for both #1 and #2.

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That doesn't fit my definition of public.

paul@paul-fisher.com said:

That doesn't fit my definition of public.

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Mine neither.

BROKENSPROKET said:

SNIP If I am carrying, I use a bathroom stall for both #1 and #2.

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TMI........

I see your point, you could always take the end of your belt, fold it over and double it through the first belt loop. Keep your pants by your knees, the gun will sag, but not show under the stall. If you want, I can send you a G-rated picture of how I do it.

So... If you go to dennys and use the bathroom, make sure the pervert security guard isn't peeking over the stall... Isn't there a "reasonable expectation of privacy" in a bathroom stall? I would sure hope so... Still, I would like to hear more details on this charge. Something isn't adding up...

thebigsd said:

TMI........

I see your point, you could always take the end of your belt, fold it over and double it through the first belt loop. Keep your pants by your knees, the gun will sag, but not show under the stall. If you want, I can send you a G-rated picture of how I do it.

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No. No. That's ok. I get it.

BROKENSPROKET said:

No. No. That's ok. I get it.

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Oh man, I already took the picture in high resolution...lol. J/K

Interceptor_Knight said:

Open Carry is legal simply because there is no Statute prohibiting it. Beginning November 1st the Statutes will expressly affirm that Open Carry is not disorderly conduct in the absence of other disorderly behavior.


Unfortunately it tends to cause a disturbance among the timid more than an iPhone.... Although Openly Carrying a holstered firearm has been nearly universally accepted her in Wisconsin as not being disorderly, once you remove your firearm from its holster (except for loading, unloading and the initial removing it from storage and holstering or removing it from the holster to store it) all bets are off and you will be more apt to wind up defending your actions in court...

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Actually the changes to DC Laws took place on July 25th ! There is nothing in the statutes that say you cannot remove your firearm from your holster or even requiring a holster, even if it's a bad idea it's not illegal

thebigsd said:

TMI........

I see your point, you could always take the end of your belt, fold it over and double it through the first belt loop. Keep your pants by your knees, the gun will sag, but not show under the stall. If you want, I can send you a G-rated picture of how I do it.

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We REALLY DON'T need to see a pic of what thebigsd does in a bathroom stall...talk about TMI. That's 1000 words I don't want to hear.

Motofixxer said:

We REALLY DON'T need to see a pic of what thebigsd does in a bathroom stall...talk about TMI. That's 1000 words I don't want to hear.

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Cmon, you don't know what you're missing......lol. I knew someone would get carried away, that's why I said G-rated...lol.

littlewolf said:

There is nothing in the statutes that say you cannot remove your firearm from your holster or even requiring a holster, even if it's a bad idea it's not illegal

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I will concede that you are technically correct. However... There is a but... You may beat the rap But you may not beat the ride. By removing your handgun from its holster, many municipalities will be eager to charge you with brandishing "displaying your firearm in a threatening manner" or disorderly conduct. You may find yourself having to get a lawyer and defend against the charge.

66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried. Any ordinance
in violation of this subsection does not apply and may not
be enforced.

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Interceptor_Knight said:

I will concede that you are technically correct. However... There is a but... You may beat the rap But you may not beat the ride. By removing your handgun from its holster, many municipalities will be eager to charge you with brandishing "displaying your firearm in a threatening manner" or disorderly conduct. You may find yourself having to get a lawyer and defend against the charge.

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They will have to prove the inappropriate behavior or cough up some big$ when they get sued,and or charged with excessive force. ie arrest for DC with no cause.

And where did it say in the article the guy pointed his handgun at someone ? I would sue the SG and the cops.

Interceptor_Knight said:

By removing your handgun from its holster, many municipalities will be eager to charge you with brandishing "displaying your firearm in a threatening manner" or disorderly conduct. You may find yourself having to get a lawyer and defend against the charge.

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^^^^^^^ THIS!!
One more reason the current transport law is a Really Bad Idea.
(Completely aside from the increased chance for an ND.)

As for the discussion of restroom use...
Kathy Jackson has some tips on http://www.corneredcat.com/
That's the main page... here's the "embarrassing questions department":
http://www.corneredcat.com/Fun/embarrass.aspx

Don't get too comfortable out there in denial

BROKENSPROKET said:

Originally Posted by MKEgal
There's no such charge as "DC while armed".

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That is what I thought, and still do, but someone I was talking to said that there is a enhancer charge and said the statute, but it didn't stick in my head and I have not tried to find it yet.

I believe we are right. Until I find out we are wrong.

ETA: I cannot find it, so I assume we are right.

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Anyone who carries needs to know that Wisconsin most definitely does treat you extra-special for offenses committed while armed, including DC. The cite you hate to find is WI s. 939.63:

939.63  Penalties; use of a dangerous weapon.
(1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
(a) The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.
(b) If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.
(c) If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
(d) The maximum term of imprisonment for a felony not specified in par. (b) or (c) may be increased by not more than 3 years.
(2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.
(3) This section applies only to crimes specified under chs. 939 to 951 and 961.

MKEgal said:

^^^^^^^ THIS!!
One more reason the current transport law is a Really Bad Idea.
(Completely aside from the increased chance for an ND.)

As for the discussion of restroom use...
Kathy Jackson has some tips on http://www.corneredcat.com/
That's the main page... here's the "embarrassing questions department":
http://www.corneredcat.com/Fun/embarrass.aspx

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These ^^^^

Interceptor_Knight said:

I will concede that you are technically correct. However... There is a but... You may beat the rap But you may not beat the ride. By removing your handgun from its holster, many municipalities will be eager to charge you with brandishing "displaying your firearm in a threatening manner" or disorderly conduct. You may find yourself having to get a lawyer and defend against the charge.

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Yup...This ^^^^^