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Thread: Carry Cheat Sheet Summarized (Need corrections)

  1. #1
    Regular Member Motofixxer's Avatar
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    Carry Cheat Sheet in WI Summarized (Need corrections?)

    This is meant to be a SIMPLE summary, this info is not legal advice. Please do your diligent research and familiarize yourself with the corresponding statutes. There are nuances and exemptions to almost every statute.

    Effectively accurate as of 11/1/2011
    Code:
    Loaded Open Carry Without CCW Permit (Unless 5x7 sign posted)
    
    Airport	 (Public accessible area\secure area)			No
    	-Except unloaded\cased to transport on plane 
    	  according to TSA\Airline guidelines
    Banks							Yes
    Bars(Class B)   (With Owner\Manager Permission)	Yes
    Churches						Yes
    Courthouses	Courthouses	Cty, State, Federal		No
    Courtrooms (Municipal while in session)			No
    City\Cty Park						Yes
    Federal Properties						No
    Hospital	(No VA Hospitals-Federal)		Yes
    Jails\Prisons, PD,						No
    Theaters						Yes
    Long Rifle(Legal, Will provoke attention)		Yes
    Malls							Yes
    Mental Institutions						No
    Govt, or Municipal Buildings 				No
    National Parks and Rec Areas			Yes
    		-Subject to restrictions							
    Private Business or Residence			Yes
    School	  (Grounds or within 1000')				No
    State Parks	(Only cased\unloaded)			No
    
    Vehicle(but not in 1000' School Zones)		Yes
    	-Incl ATV and Boats, No Rifles
    	-Restrictions, and Case Law
    Zoo							Yes
    
    If asked to leave or posted, you must or is chargeable as Trespassing
    
    
    Loaded Conceal a Handgun- With CCW Permit  (Unless 5x7 sign posted)
    
    Airport	 (Public accessible area Yes\Not past secure area)	Yes	No
    		-Except unloaded\cased to transport on plane 
    		  according to TSA\Airline guidelines
    Banks								Yes
    Bars\Restaurants(Class B) 					Yes
    		-No Consumption of alcohol
    Carry permit with you(Likely be cited if not	)		Yes
    	-Citation dropped if Permit presented within 48 hrs
    Churches							Yes
    Courthouses	Cty, State, Federal					No
    Courtrooms (Municipal, Yes, while in session No)		Yes	No
    City\Cty Park							Yes
    Federal Properties							No
    Hospital	(No VA Hospital)				Yes
    Jails\Prisons, PD,							No
    Malls								Yes
    Mental Institutions						Yes	No
    	- Nonsecure area Yes, secure area No
    Govt, or Municipal Buildings 				Yes	
    National Parks and Rec Areas				Yes
    		-Subject to restrictions
    NonResident Permit accepted  (All)				Yes
    
    Private Business or Residence				Yes
    Required Disclosure to Officer's(With lawful authority)	Yes
    		-And carry\present Picture ID
    School	  (Grounds)Exempt from School Zones			No
    		-With WI permit only(Federal GFSZ)
    State Parks							Yes
    Theaters							Yes
    Vehicle(Exempt from 1000' School Zones)			Yes
    		-Incl ATV and boats, No Rifles
    		-Restrictions, and Case Law
    
    If asked to leave or posted, you must or is chargeable as Trespassing
    
    Conceal a Handgun- Without CCW Permit 
    -On your owned or leased property or business
    -Open Carry on your owned or leased property or business

    The format is thrown off and inconsistent for some reason, but you get the idea. After it's finalized I will link and post a final copy PDF or something for download etc.

    Feel free to correct and make suggestions, I'm shooting for a simplified list that could be maybe printed on a trifold pamphlet or something. Anyone volunteering to make a new one? I have a really nice now outdated one linked in my New to OC thread. But that quality and style is a little beyond my abilities right now.
    Last edited by Motofixxer; 10-30-2011 at 11:21 PM.
    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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    Regular Member phleye's Avatar
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    Thanks Motofixxer!! This is exactly what I was looking for and I can't wait for the final version.
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    Regular Member Motofixxer's Avatar
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    Had it in mind for a while, hoping someone would do all the work for me...I gave up waiting.
    Last edited by Motofixxer; 10-29-2011 at 09:49 PM.
    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

  4. #4
    Regular Member markush's Avatar
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    Are you sure about the daycare?? I know the K-12 GFSZ blah blah stuff but Daycare isn't included in that and I don't know of anything else that specifically covers daycare.

  5. #5
    Regular Member Motofixxer's Avatar
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    No I'm not sure on the day care, most I know of are some form of kindergarten too, so to be safe I think it should be listed as such. It's only a basic list, you could get technical and discuss a home daycare... but I'm just trying to keep it simple and a safe overview. But I'm flexible...if others think it should be changed...I will.
    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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    My wife works for a daycare, and they don't allow. I know a while back they have asked cops to disarm when picking up there children (one cop refused, and was asked to not bring there child back).

    I don't believe there is a law concerning daycare facilities in particular, but I'm fairly certain that it's frowned upon. I say be aware of signage posted at the door, and if your daycare posts be sure to Google "daycare shooting" and drop those stories off with a copy of the bill. Educate them in the facts.

    My wife and I have already taken the information in to the bosses, and presented our case. Her boss is 2A friendly, and will be taking the information to the owners of the facility and pushing to change the policies.
    You can speak softy and carry a big stick, but I'll stick to my guns.

    Member - Wisconsin Carry, Inc. http://ww.wisconsincarry.org
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  7. #7
    Opt-Out Members scm54449's Avatar
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    Quote Originally Posted by Motofixxer View Post
    Had it in mind for a while, hoping someone would do all the work for me...I gave up waiting.

    An excellent message for life and for pro-2A folk everywhere! Someone should snag that for their signature line!
    Member of Wisconsin Carry, Inc.
    Cum catapultae proscriptae erunt tum soli proscript catapultus habebunt...

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    Regular Member Interceptor_Knight's Avatar
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    The first thing is that you should have a disclaimer regarding enclosed vehicles such as a car or truck and concealed. Case law still applies regarding hidden. People may wish to debate it but it is irresponsible to give advice which ignores it.

    There is no Statute prohibiting carry in a Day Care. It only covers K-12 "schools". Preschools do not count and neither do home schools.
    National Parks require a carry license.
    Municipal properties are fine. Municipal buildings are prohibited.

    With a license you may carry in a courthouse. You are only prohibited from carry in a courtroom which is in session.
    You are only prohibited from carrying in secure areas of mental health facilities.
    Last edited by Interceptor_Knight; 10-30-2011 at 07:34 AM.

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    Last edited by Mlutz; 10-30-2011 at 09:55 AM.
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    Here's a summary that may help to piece things together more quickly


  11. #11
    Regular Member MKEgal's Avatar
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    Overall a good summation.
    I'd suggest grouping it by functional categories, or (even better) alphabetizing the list.

    Quote Originally Posted by IK
    The first thing is that you should have a disclaimer regarding enclosed vehicles such as a car or truck and concealed. Case law still applies regarding hidden.
    Perhaps an asterix until our hero Pam can get good 'ol JB to admit in writing that the new law means what it says.

    Quote Originally Posted by IK
    With a license you may carry in a courthouse. You are only prohibited from carry in a courtroom which is in session.
    ACK! No, the only people legal to carry in a courthouse are judges, DAs, (IIRC ass' DAs), & anyone whom a judge has permitted to carry. And the Only Ones, of course.

    You're thinking of a municipal courtroom, which is the only one listed in the law as legal to carry in while court is not in session. They're probably different because they generally don't have their own building dedicated to just being a courthouse.

    Quote Originally Posted by IK
    You are only prohibited from carrying in secure areas of mental health facilities.
    Um... I'm doing the wishy-washy tippy-hand thing on this one.
    "Secure mental health facilities" are prohibited entirely, even if you're only in the visitor's lobby, not going behind locked doors yourself. Their names are listed in the law.

    I'd have to read the law again, but I think you're right that the secure areas of other (unlisted, generic) mental health hospitals are prohibited. Makes sense.
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  12. #12
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by MKEgal View Post
    Overall a good summation.
    Perhaps an asterix until our hero Pam can get good 'ol JB to admit in writing that the new law means what it says..
    The Statutes are clear. There are no exceptions to 941.23 for vehicles without a permit. As it has always been in our lifetime we must comply with both chapters 167 AND 941.

    Quote Originally Posted by MKEgal View Post
    the only people legal to carry in a courthouse are judges, DAs, (IIRC ass' DAs), & anyone whom a judge has permitted to carry. And the Only Ones, of course..
    You are correct about County, State and Federal Courthouses...

    Quote Originally Posted by MKEgal View Post
    Um... I'm doing the wishy-washy tippy-hand thing on this one.
    "Secure mental health facilities" are prohibited entirely, even if you're only in the visitor's lobby, not going behind locked doors yourself. Their names are listed in the law.


    I'd have to read the law again, but I think you're right that the secure areas of other (unlisted, generic) mental health hospitals are prohibited. Makes sense.
    See the quoted Statute below...

    (16) PROHIBITED ACTIVITY. (a) Except as provided in
    par. (b), neither a licensee nor an out−of−state licensee
    may knowingly carry a concealed weapon, a weapon that 2011 Senate Bill 93 − 13 − 2011 Wisconsin Act 35
    is not concealed, or a firearm that is not a weapon in any
    of the following places:
    1. Any portion of a building that is a police station,
    sheriff’s office, state patrol station, or the office of a division of criminal investigation special agent of the department.
    2. Any portion of a building that is a prison, jail,
    house of correction, or secured correctional facility.
    3. The facility established under s. 46.055.
    4. The center established under s. 46.056.
    5. Any secured unit or secured portion of a mental
    health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota
    Mental Health Institute.
    6. Any portion of a building that is a county, state, or
    federal courthouse.
    7. Any portion of a building that is a municipal courtroom if court is in session.

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    Regular Member jpm84092's Avatar
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    Casino = depends!

    Casinos operated within the boundaries of a Tribal Reservation are sovereign to that Tribe. A Wisconsin Federally Recognized Tribe with defined Reservation boundaries may or may not permit open or concealed carry. Best to check with the tribal officials before carrying. Carry while operating on a State or County road within Tribal Reservation Boundaries is OK.
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  14. #14
    Regular Member Motofixxer's Avatar
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    Ok, Removed Daycare, and Casino, added a note for vehicles, changed some wordings(I used a template from another state) ssssh don't tell em.

    And just because MKEGal asked so nicely, I alphabetized it all

    ksks, I have your summary linked already. There is still a lot of confusing information there though especially for newcomers. But I have referenced it multiple times.


    Carry in National Parks, require permit, or OC??? Volunteer to look up and cite? I thought OC was ok without a permit
    Anyone interested in contacting Secretary Huebsch DOA or somebody and discuss providing lock boxes at entrances to offices, or other entrances where prohibited?
    Last edited by Motofixxer; 10-30-2011 at 03:40 PM.
    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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    Regular Member Motofixxer's Avatar
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    Am I missing something? My understanding is that the land will follow the statutes of the state, so if OC is not prohibited, then it's not prohibited on the Nat Park land.

    "National Wildlife Refuges provided they comply with applicable provisions of federal, state and local law. Persons with so-called firearm "carry" permits will be able to possess firearms on a refuge in accordance with the provisions of the state issued permit"
    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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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Motofixxer View Post
    Am I missing something? My understanding is that the land will follow the statutes of the state, so if OC is not prohibited, then it's not prohibited on the Nat Park land.

    "National Wildlife Refuges provided they comply with applicable provisions of federal, state and local law. Persons with so-called firearm "carry" permits will be able to possess firearms on a refuge in accordance with the provisions of the state issued permit"
    It defaults to the State "laws" of its State Parks. WI Statutes as of November 1st still prohibit carry of a firearm in a State Park unless you are a licensee and unless it is a handgun.

    (2) the possession of the firearm is in compliance with the law of the State relating to the possession of a firearm in a State park, State wildlife refuge, or similar unit of State land in the State in which the unit of the National Park System or the National Wildlife Refuge System, or that portion thereof, is located.
    Last edited by Interceptor_Knight; 10-30-2011 at 04:41 PM.

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    Motofixxer, I salute your ambition! Great resource, many thanks.

    Single-family residences don't have to post signs to prohibit carry. If they ask you to leave and you don't, you can be charged for trespassing.

    For businesses and other locations, the draft states, "If asked to leave, you must or is chargeable as Trespassing." If the place isn't posted with signs, it's actually not trespassing if you don't leave. But if a place is posted, it's trespassing to enter, and you can be charged for entering even if you're not given a chance to leave and you refuse.

    Municipal buildings are not prohibited carry unless they are specifically covered in the statute OR the municipality elects to post signs. Specifically covered: police stations, courtroom in session. Not prohibited unless posted: Park buildings, city/village/town hall, community center, library, etc.
    Last edited by LaBomba; 10-30-2011 at 05:17 PM.

  19. #19
    Regular Member Motofixxer's Avatar
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    I didn't really look into the National Parks cuz I didn't think we had any in this state, but we do. There is even an office in Madison. The Ice Age Scenic Trail, North Country scenic Trail, Apostle Islands...Ok so need a permit for those areas along with the state parks. Now back to the matter at hand.
    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

  20. #20
    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by LaBomba View Post
    Motofixxer, I salute your ambition! Great resource, many thanks.

    Single-family residences don't have to post signs to prohibit carry. If they ask you to leave and you don't, you can be charged for trespassing.

    For businesses and other locations, the draft states, "If asked to leave, you must or is chargeable as Trespassing." If the place isn't posted with signs, it's actually not trespassing if you don't leave. But if a place is posted, it's trespassing to enter, and you can be charged for entering even if you're not given a chance to leave and you refuse.

    Municipal buildings are not prohibited carry unless they are specifically covered in the statute OR the municipality elects to post signs.
    True of the Residences and Trespassing, but I'm thinking that is a different situation regardless of carrying. So not really relevant??? This is just regarding carrying. I guess the statement is still valid, though if asked to leave and you don't, it's enforceable as Trespassing. As I stated, I'm trying to keep this really simple to understand, not state every rule and exception. I will just add a bit of clarification.

    I thought Municipal Buildings were prohibited as a public building for carrying till 11/1/11, with a permit you may unless posted. But still prohibited for OC? Nevermind, I don't know what I was thinking. It's updated though.




    Quote Originally Posted by LaBomba View Post
    Motofixxer, I salute your ambition! Great resource, many thanks.
    Your welcome, I'm just trying to make it simpler for all of us, to keep track of. I remember when I was first reading...yikes. I use my threads for reference probably more than anybody else.
    Last edited by Motofixxer; 10-30-2011 at 05:44 PM.
    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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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by LaBomba View Post
    Motofixxer, I salute your ambition! Great resource, many thanks.

    Single-family residences don't have to post signs to prohibit carry. If they ask you to leave and you don't, you can be charged for trespassing.

    For businesses and other locations, the draft states, "If asked to leave, you must or is chargeable as Trespassing." If the place isn't posted with signs, it's actually not trespassing if you don't leave. But if a place is posted, it's trespassing to enter, and you can be charged for entering even if you're not given a chance to leave and you refuse..
    Nobody has to post to force you to leave their property. If you are "notified" to leave in any manner and you do not comply you may be charged with both trespassing and disorderly conduct. While there are specifications on signage, the business may still notify you verbally to leave.

    2. While carrying a firearm, enters or remains in any
    part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or
    occupy after the owner of the building, grounds, or land,
    if that part of the building, grounds, or land has not been
    leased to another person, or the occupant of that part of
    the building, grounds, or land has notified the actor not
    to enter or remain in that part of the building, grounds, or
    land while carrying a firearm or with that type of firearm.
    This subdivision does not apply to a part of a building,
    grounds, or land occupied by the state or by a local governmental unit, to a privately or publicly owned building
    on the grounds of a university or college, or to the
    grounds of or land owned or occupied by a university of
    college, or, if the firearm is in a vehicle driven or parked
    in the parking facility, to any part of a building, grounds,
    or land used as a parking facility

  22. #22
    Regular Member Motofixxer's Avatar
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    Very true Interceptor, posting is a legal and Lawful Notice. Which is why I posted a No Trespassing on my mailbox. May be out of place in a residential neighborhood. But it's enforceable on ANYONE I don't want on my property. It's not really enforceable unless some sort of notice has been given, either verbal or a posted sign.
    Last edited by Motofixxer; 10-30-2011 at 06:00 PM.
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    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

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  23. #23
    Regular Member GlockRDH's Avatar
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    Quote Originally Posted by Motofixxer View Post
    Very true Interceptor, posting is a legal and Lawful Notice. Which is why I posted a No Trespassing on my mailbox. May be out of place in a residential neighborhood. But it's enforceable on ANYONE I don't want on my property. It's not really enforceable unless some sort of notice has been given, either verbal or a posted sign.
    So thats why when I stop over youre out there yelling..,'Hey, YOU. Git outta my yard!'

  24. #24
    Regular Member Motofixxer's Avatar
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    Forgot the part about "gimme your gun and get outa my yard"
    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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    The 2 places where you mention:

    Municipal Buildings (City/Village/Town hall)

    Would be better labeled:
    Government Buildings (State/County/City/town)

    66.0409(1)(b) "Political subdivision" means a city, village, town or county.
    941.235 titled Carrying Firearm in public building.
    https://docs.legis.wisconsin.gov/sta...es/941/III/235

    941.235  Carrying firearm in public building.
    (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
    (2) This section does not apply to any of the following:
    ...
    (2)(e) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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