Intent to open carry in Milwaukee

[Rick Finsta]

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Welcome, Parabellum. I've found one of the greatest things about open carry is being able to educate those you meet when they ask you about it.

 

[Pointman]

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[Parabellum]

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Pointman wrote:

I finally found something on why officers are so willing to issue a Disorderly Conduct or Disturbing the Peace citation:

http://www.legis.state.wi.us/LRB/pubs/wb/00wb11.pdf
Carrying Firearms in Public. Wisconsin law does not specifically prohibit the open carrying of loaded or unloaded firearms in public, but a person doing so may risk being arrested and charged with disorderly conduct, on the grounds that the display threatens the public peace or safety.

Firearms Prohibited in Public Buildings. Except for law enforcement or private security personnel, persons are prohibited from going armed with a firearm in a public building owned or leased by the state or political subdivision [s. 941.235].

WI Statute 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.

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So, there is no law against open carry, but the courts have an opinion on it. Of course, there is a law against concealed carry.

This only tells us where the officers get their ideas from but it doesnt matter overall. Even if someone were to complain, the DC charge only protects the public not the individual, i wish i could remember the court case that states this or at least something to that effect. It is a different charge if only an indivitual is threatened and he must be threatened or intimidated for it to count.

 

[Shotgun]

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That piece from the Legislative Audit Bureau was written a couple of years before the Hamdan decision. And it's really only that bureau's take on things at the time, in itself it has no legal force. With Hamdan, things changed. I believe a prosecutor would have a difficult time obtaining a conviction for disorderly conduct for mere open carry post Hamdan.

 

[Parabellum]

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Open Carried at Walmarts in Chilton and Plymouth. Only one obvious stare as I was leaving the one in Chilton.I bought ammo at both(wasted all the ammo from the first one at the range).` Something came up for this weekend and i wont be going to the mall. I will be going eventully just dont know when.

 

[Parabellum]

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Open Carried at George Webb's in south milwaukee on Chicago St. Everyone noticed including people walking in but no one said anything, I was with my brother and teenage nephew(wonder if that had an effect). Does anyone know Potawatami's policy on carrying firearms on their premises?

 

[Parabellum]

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Open carried on the South side of Milwaukee to my Church, there was a bit of a problem inside. People kept telling me to "hide" it. Pastor "kinda" sorted it out. I can take it in but i have to put it in a store room when i get there. Does anyone know if its "legal" for the pastor(he's the one in charge of the building)to give me permission to conceal carry in the Church(its private property) so that I wont "annoy" or "insult"(that comment kinda made me concede to putting it away)my fellow church members? On a Side note does anyone know the closest distance of a school to the intersection of 16th(Ceasar Chaves)and Greenfield Ave? (this is really important info for me) Legal cases that support your claims would be helpful. Thanks all.

P.S. this happend at 5AM

 

[Pointman]

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[Doug Huffman]

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Parabellum wrote:

On a Side note does anyone know the closest distance of a school to the intersection of 16th(Ceasar Chaves)and Greenfield Ave? (this is really important info for me) Legal cases that support your claims would be helpful. Thanks all.

St. Martini Lutheran School is <500 feet away from the intersection at 1557 W. Orchard Street. Alba Elementary is 0.22 miles away.

 

[Pointman]

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[Parabellum]

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First two Incidents EVER. I have not slept since my post 3 days ago so this will be to the point. Sister throwing a b-day party and wants me to company her while she buys things, and I'm carrying. First El Rey on 35th in Milwaukee. I walk in and ask the Rent-a-Cop how to get the pinatas off the ceiling, he informs me how and I set about looking for my sister(the arm and disarm ritual makes me leave the car and enter itafter everyone else). We go to the Customer Services desk and its very visible to everyone there, Especially those at the check-out. We wait there for upwards of ten minutes and the rent-a-cop gets bombarded with questions by the other patrons, he finally comes up to me and asks; you got a permit for that? I respond; Are you serious? He looks scared now(he has no weapons),I tell him there is no such thing. He keeps looking at my gun... My sister finally adds; Yes he has a permit, amazing huh. The rent-a-cop says thats all he needs. I respond that i do not have a permit. Rent-a-cop ignores this and walks away to his post. I am disgusted with the rent-a-cop and my sister, we stay in store getting a few things for next 5 or 6 minutes as were leaving I see the rent-a-cop get on a pay-phone and dial 3 numbers(maybe 411) and start looking at me in my truck and talking on the phone and looking at me again.(a police officer saw me withmy gun on in the parking lot and did nothing. I left to the Walmart on 27th by movies 10 in Milwaukee. Sister wanted to buy presents there. We bought nothing.She couldn't find what she wanted...... And last but not least PicknSave on18th and National. There were police at the door when we got there.So I did my ritual and walked right past them into the store(they definitely saw the gun). Found my sis and bought some meat for the grill, while we were waiting atthe butchers station two manager looking guys stand behind a wall and talk on a cell phone describing me to I don't know who. We stayed until we bought everything we needed from there which took a whileand went to the check out counter( being flanked all the time by the "security" they weren't armed either). Finally 2 seconds before we get in the check out line the one talking on the cell phonecomes up to me and says; you know your making a lot of people nervous with that thing don't ya? and i reply; No.He says; OK, and starts walking away chuckling to himself. I get in line with my sister(they are still watching), we pay and leave. Wonder why the police never showed up?

 

[smithman]

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Parabellum...welcome to the forums. I respect your OC in the City of Milwaukee. I sometimes OC in Waukesha on short trips but haven't had any LEO encounters yet. I wear an OWB Serpa Holster...my experience has been that most people don't even notice I'm carrying. Maybe your thigh holster makes it more visible to more people.

I am getting ready to OC in my church. We have a sportsman ministry group...so the chances of acceptance are decent at the church. Interestingly enough, my wife has also asked me "can't you just cover it up in church" which I reply... "No. It HAS to be visible. Do you see how screwed up these laws are?"

 

[Mike]

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Good work parabellum! There is hope for Wisconsin after all.

 

[Pointman]

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[Rick Finsta]

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I'm often halfway through a conversation at arms length from the neighbors before they realize I'm carrying a full-size USP .45 - I think most people are just too worried about their own business to notice. My wife often doesn't notice right away, either.

 

[Doug Huffman]

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I am frequently amazed by peoples' different levels of awareness, to the point that I sometimes question somebody's sanity. Milady SO and I will be in the same conversation and come away with contrasting messages. When I drive I may react to a driver while others around me seem completely oblivious.

 

[Parabellum]

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Doug Huffman wrote:

Parabellum wrote:

On a Side note does anyone know the closest distance of a school to the intersection of 16th(Ceasar Chaves)and Greenfield Ave? (this is really important info for me) Legal cases that support your claims would be helpful. Thanks all.

St. Martini Lutheran School is <500 feet away from the intersection at 1557 W. Orchard Street. Alba Elementary is 0.22 miles away.

This is extremely helpful, but the St Martini Lutheran School does not count as it doesn't meet both requirements of being a "school" under the statute definitions. The other one is "just" out of the 1000ft zone. Wonder if South Division is closer?:?

WI Statute 939.632(1)(a)
(a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school , middle school , junior high school , senior high school or high school .

 

[Shotgun]

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Parabellum wrote:

Doug Huffman wrote:

Parabellum wrote:

On a Side note does anyone know the closest distance of a school to the intersection of 16th(Ceasar Chaves)and Greenfield Ave? (this is really important info for me) Legal cases that support your claims would be helpful. Thanks all.

St. Martini Lutheran School is <500 feet away from the intersection at 1557 W. Orchard Street. Alba Elementary is 0.22 miles away.

This is extremely helpful, but the St Martini Lutheran School does not count as it doesn't meet both requirements of being a "school" under the statute definitions. The other one is "just" out of the 1000ft zone. Wonder if South Division is closer?:?

WI Statute 939.632(1)(a)
(a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school , middle school , junior high school , senior high school or high school .

Careful! I do notknow why you believe thatSt. Martini Lutheran School fails to meet the statutory definition. The school's website says that it is a private school with grades K through 8. That certainly sounds like a "school" under the definition to me.

 

[Doug Huffman]

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Shotgun wrote:

Careful! I do notknow why you believe thatSt. Martini Lutheran School fails to meet the statutory definition. The school's website says that it is a private school with grades K through 8. That certainly sounds like a "school" under the definition to me.

I wonder what he thinks 'parochial' means?

WI Statute 939.632(1)(a) (a) "School" means a public, parochial or private school that ...

 

[Parabellum]

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Shotgun wrote:

Parabellum wrote:

Doug Huffman wrote:

Parabellum wrote:

On a Side note does anyone know the closest distance of a school to the intersection of 16th(Ceasar Chaves)and Greenfield Ave? (this is really important info for me) Legal cases that support your claims would be helpful. Thanks all.

St. Martini Lutheran School is <500 feet away from the intersection at 1557 W. Orchard Street. Alba Elementary is 0.22 miles away.

This is extremely helpful, but the St Martini Lutheran School does not count as it doesn't meet both requirements of being a "school" under the statute definitions. The other one is "just" out of the 1000ft zone. Wonder if South Division is closer?:?

WI Statute 939.632(1)(a)
(a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school , middle school , junior high school , senior high school or high school .

Careful! I do notknow why you believe thatSt. Martini Lutheran School fails to meet the statutory definition. The school's website says that it is a private school with grades K through 8. That certainly sounds like a "school" under the definition to me.

It does not meet the second requirement of being commonly known as one of the five categories of schools, risky I know, but I could argue that in court. I still think its just a church with some classes underneath.