Mike
Site Co-Founder
imported post
Open carry press helps gun rights, especially concealed carry - it makes concealed carry look normal
Open carry press helps gun rights, especially concealed carry - it makes concealed carry look normal
pkbites wrote:Open Carry is not illegal in Wisconsin, and the Governor of Wisconsin recommends itI would think it insane to attempt to open carry in Madison. I can envision everyone in the vicinity freaking out over it. Also, the majority of the buildings in that area are city/state owned, constituting a "public building", so going indoors while armed would be legally difficult.
I would love to see someone use the Govs quote at their trial for disorderly conduct.
Hopefully the debate about Wisconsin carry (concealed or open) will be moot after November.
The nice thing is that there are absolutely no schools near the state capitol or downtown Madison, e.g., State Street. Which is exactly where the legislature and supreme court people roam about.
Notice the school zone prohibition says one must KNOWINGLY take a gun into a school zone. Presumably right now one must carrya gun case with them and as one approaches a school zone unload and encase the firearm until one passes out of the zone. sheesh...
Then there's that curious provision for a "license" to takea firearminto the school zone. Would be interesting to see if the response if one applied for one!
Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?948.605 Gun−free school zones. (1) DEFINITIONS. In this
section:
(a) “Encased” has the meaning given in s. 167.31 (1) (b).
(ac) “Firearm” does not include any beebee or pellet−firing
gun that expels a projectile through the force of air pressure or any
starter pistol.
(am) “Motor vehicle” has the meaning given in s. 340.01 (35).
(b) “School” has the meaning given in s. 948.61 (1) (b).
(c) “School zone” means any of the following:
1. In or on the grounds of a school.
2. Within 1,000 feet from the grounds of a school.
(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds;
2. If the individual possessing the firearm is licensed to do so
by a political subdivision of the state or bureau of alcohol, tobacco
and firearms in which political subdivision the school zone is
located, and the law of the political subdivision requires that,
before an individual may obtain such a license, the law enforcement
authorities of the political subdivision must verify that the
individual is qualified under law to receive the license;
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;
4. By an individual for use in a program approved by a school
in the school zone;
5. By an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
6. By a law enforcement officer acting in his or her official
capacity; or
7. That is unloaded and is possessed by an individual while
traversing school grounds for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
grounds is authorized by school authorities.
8. By a person who is legally hunting in a school forest if the
school board has decided that hunting may be allowed in the
school forest under s. 120.13 (38).
This is contained the Chapter "Crimes Against Children". This was missed by a lot of folk in this page.
Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
Since it is rare to prosecute cops who commit even very serious crimes, on or off duty, it seems unlikely a minor and very technical violation such as you describe might be prosecuted.lockman wrote:Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
lockman wrote:Maybe, but I suppose if the cop is authorized to carry off duty, then it's in his/her "official capacity." I would be quite surprisedif an LEO was ever prosecuted for carrying a gun under this law unless they were clearly engaged in some other seriousillegal activity.Would not section 6 subject an off duty LEO carrying a firearm to a potentail felony if his presence is not "acting in his or her official capacity"?
ilbob wrote:ilbob - I don't think this would be a good idea given the current AG's attitude. If things go as expected in November, the people in Wisconsin will have a new governor and concealed carry will be on the books by early 2008. I think this may take away what little enthusiasm there is for an open carry challenge.A good start might be to get an AG opinion. A state legislator would be a good place to have an opinion requested. Once a favorable opinion was written, it could be disseminated to every LE agency in the state. Those desirous of open carrying could carry a copy of the opinion.