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What is the statute that permits open carry?

K

ksks

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May 6, 2011
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wi
I have the pre-emption statute.
I have the statute which eliminates the disorderly conduct issue for open carry.

What is the statute that allows open carry?

Thanks.
 
Fallschirjmäger

Fallschirjmäger

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Cumming, Georgia, USA
The same statute that allows you to eat a ham on rye sandwich on Sunday, or to wear white after Labor Day.
...
Or, is it the statute that allows you to ride a bicycle, I keep gettin' 'em confused.
 
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H

Herr Heckler Koch

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ksks said:
What is the statute that allows open carry? Thanks.
Click to expand...
Wisconsin Constitution ARTICLE I Right to keep and bear arms. SECTION 25. [As created Nov. 1998] The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
[1995 J.R. 27, 1997 J.R. 21, vote November 1998]
 
K

ksks

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wi
OK, I assume you are saying there is no statute.

What I'm wondering is, if there is no statute related to open carry, and if the statutes say localities cannot make laws more restrictive than State law...

Since there would be nothing to be more or less restrictive of...

What would preclude a locality from restricting open carry since it is not addressed in Statutes?
 
H

Herr Heckler Koch

Guest
ksks said:
What would preclude a locality from restricting open carry since it is not addressed in Statutes?
Click to expand...
In a word, nothing.

If you read § 66.0409 you will see that it has no teeth, there is no agency charged with enforcement nor any repercussions for contravening state preemption.
 
K

ksks

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Wasn't the West Allis case before the new law took effect?
 
C

Captain Nemo

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99% of state stautes don't allow anything. Statutes restrict activities and actions. We can lawfully open carry only by default.

There are two manners of carrying a firearm, visible and hidden. Hidden carry without a state sanctioned license is prohibited by statute 941.23. Accordingly, the WSC has ruled the State must provide a manner of carry by which the activities in Art I sec 25 (right to keep and bear arms amendmnet) can be exercised so that the amendment is not eviscerated. Because statue 941.23 strictly restricts hidden carry without a CCL citizens may visible carry firearms under the reach of Art I sec 25. Visible carry is the only reasonable alternative to hidden carry. I suppose one can say that the highest state law, constitutional law, allows open carry, although it does so by inference.
 
K

ksks

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wi
Captain Nemo said:
99% of state stautes don't allow anything. Statutes restrict activities and actions. We can lawfully open carry only by default.

There are two manners of carrying a firearm, visible and hidden. Hidden carry without a state sanctioned license is prohibited by statute 941.23. Accordingly, the WSC has ruled the State must provide a manner of carry by which the activities in Art I sec 25 (right to keep and bear arms amendmnet) can be exercised so that the amendment is not eviscerated. Because statue 941.23 strictly restricts hidden carry without a CCL citizens may visible carry firearms under the reach of Art I sec 25. Visible carry is the only reasonable alternative to hidden carry. I suppose one can say that the highest state law, constitutional law, allows open carry, although it does so by inference.
Click to expand...


Thanks Captain. Good explanation.

I was thinking that since hidden carry was previously specifically precluded, that made visible carry the legal mode by default.

Was wondering, now that there is a provision for hidden carry, even if it is restricted by the ccl, if that wouldn't make the open carry a dead issue; basically unnecessary as the right is not now completely excluded. Open carry is now not the default manner to carry.

If it is not the default, and it is not protected, is it vulnerable?
 
MKEgal

MKEgal

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in front of my computer, WI
ksks said:
What would preclude a locality from restricting open carry since it is not addressed in Statutes?
Click to expand...
Since the state (mostly) does not infringe the right neither can any locality.

ksks said:
now that there is a provision for hidden carry, even if it is restricted by the ccl, if that wouldn't make the open carry a dead issue; basically unnecessary as the right is not now completely excluded.
Click to expand...
No.
If you're allowed to ride a bicycle more or less uninfringed, does getting a driver's license mean you're not allowed to ride a bicycle?
Or more of a parallel, does the ability of some people to get a driver's license mean that nobody is allowed to ride a bicycle?
 
BROKENSPROKET

BROKENSPROKET

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ksks

I thought you would have been taken to the woodshed already. Your thinking is way tooo subverviant. Tell me what I can do so I can do it.

Laws don't permit you to do anything. Laws prohibit, restrict and regulate. If it is ain't illegal, then its legal. Open carry is not prohibited by state statute so political subdivisions of the state cannnot either. Although some do have ordinances that prohibit open carry, but 66.0409(2) makes them unenforceable.
 
Interceptor_Knight

Interceptor_Knight

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Green Bay, Wisconsin, USA
ksks said:
OK, I assume you are saying there is no statute.

What I'm wondering is, if there is no statute related to open carry, and if the statutes say localities cannot make laws more restrictive than State law...

Since there would be nothing to be more or less restrictive of...

What would preclude a locality from restricting open carry since it is not addressed in Statutes?
Click to expand...
You have to go back to the preemption statute. Municipalities are prohibited from enforcing or creating ANY ordinance which regulates the carry of a firearm unless there is already a State Statute and then it may not be more stringent than the existing State Statute. Since there is no State Statute which regulates Open Carry, a municipality is prohibited from creating an ordinance regulating it.
66.0409 Local regulation of firearms.

(2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates
the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting,
registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or
resolution is the same as or similar to, and no more stringent than,
a state statute
(4)(b) If a political subdivision has in effect on November 17,
1995, an ordinance or resolution that regulates the sale, purchase,
transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm
or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar
to a state statute, the ordinance or resolution shall have no legal
effect and the political subdivision may not enforce the ordinance
or resolution on or after November 18, 1995.
Click to expand...
 
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K

ksks

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Messages
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Location
wi
Interceptor_Knight said:
You have to go back to the preemption statute. Municipalities are prohibited from enforcing or creating ANY ordinance which regulates the carry of a firearm unless there is already a State Statute and then it may not be more stringent than the existing State Statute. Since there is no State Statute which regulates Open Carry, a municipality is prohibited from creating an ordinance regulating it.
Click to expand...

Thanks IK. I was trying to get my head around how the localities would be precluded from doing something that was not otherwise addressed. Your explanation clears it up.
 
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