Hi all!BRAND NEW to open carry in Wisconsin. Any tips or advice ?
While I understand where you are going with the "off duty police officer" thing, I submit that most (all?) LEOs are never fully off duty and are charged with carrying 24/7 in many departments. Also seriously doubt that any arrest of an officer would result in a conviction holding up. This actually might be a good way to have the GFSZA of 1995 declared unconstitutional just as the 1990 act was.Don't OC in a school zone unless you also have a concealed carry license. By statute it's not even legal for off duty police officers to carry within 1000 feet of a school unless they have a CCL.
While I understand where you are going with the "off duty police officer" thing, I submit that most (all?) LEOs are never fully off duty and are charged with carrying 24/7 in many departments.
Also let's not forget the exception for private property.
Hi all!
BRAND NEW to open carry in Wisconsin. Any tips or advice ?
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Not true. Under Wisconsin law it depends on each departments written policies. The agency I retired from allowed (and in cases of a felony required) us to put ourselves on duty when we observed a crime in progress. After 25 years I retired and began a 2nd career with another department. This departments written policies forbid us from taking action off duty for any reason other than self defense.
That's nice but their "no action policy doesn't stop you from being a officer" there is nothing in the definition of an peace or LEO that mentions on or off duty in Wis law. If I am wrong please correct me but I can't find it.
Law is law policy is policy, policy does not supersede the law
In Virginia there are statutes (legislature derived) and case law (from the courts). Then there are regulations which are rules established via formal procedure by state agencies - these too have the force of law and are found in the Virginia Administrative Code (VAC)That's nice but their "no action policy doesn't stop you from being a officer" there is nothing in the definition of an peace or LEO that mentions on or off duty in Wis law. If I am wrong please correct me but I can't find it.
Law is law policy is policy, policy does not supersede the law
Policy is not a regulation.
When your sworn in as a LEO you are an LEO it doesn't stop when your off duty.
If it did they would have to swear you in every day.
They could have a policy saying you can't carried concealed off duty but if you did you still wouldn't be violating state law.
If you make arrest off duty it is still an arrest the policy wouldn't void it.
You could very well be in the dog house with the Dept. and be in violation of their policy but I really don't think it would void the arrest.
The Dept. knows you legally can make arrest off duty other wise they wouldn't have a policy against it.
I am a firm believer in not acting in an off duty situation unless there is no other way to avoid it. To many officers get them self into trouble doing stupid things off duty.
This isn't correct. Especially when talking about making an off duty arrest outside of ones jurisdiction. The statute states the officers agency has to have a policy in place for it to be allowed.
As far fetched as it is for them to get arrested, an off duty cop armed in a school zone without a CCL or department authorization is committing a crime. Legally your argument of "always on duty" wouldn't wash in court. There is no state law or court precedent saying it. Training & Standards doesn't say it either. Unless a peace officers employing agency says it it just aint so.
Well this is a great way to welcome a new person. Argue and bicker.
We weren't arguing or bickering. We were discussing and debating. A very healthy activity when we are talking about things that could seriously trip one of us up while exercising our rights.
On a completely off topic topic. He asked about OC in Wisconsin and then people who don't live in Wisconsin and/or don't know Wisconsin laws fill up the topic.