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Open Carry Appleton Octoberfest

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
"Appleton police say that Wisconsin's state law prohibits people from carrying guns and drinking."

Obviously they don't know that law very well either.

Drinking alcohol is legal OC even on a licensed premise as long as one is not "materially impaired".
Drinking alcohol OC or cc is legal anywhere else as long as one is not "materially impaired".
Problem is that's not very well defined, rather ambiguous, so police could arrest someone having one beer with dinner if they wanted to.
(Legal, but not the smartest thing to do, esp. in such a crowd.)

And there's no way they can know if someone cc is drinking alcohol, so they'll only be targeting people who OC, which is illegal.
(Unequally applied enforcement of a law, harassing people without RAS that they are actually "materially impaired".)

You may not be on a Class B premises with a handgun
Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
without meeting one of the exceptions such as
The licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises.
unless you are a licensee and then only if you do not consume alcohol whether you are carrying openly or concealed.
A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.
 

chowda

Regular Member
Joined
Sep 22, 2013
Messages
215
Location
here
And if you are going to open carry there, please dress like responsible, working adults and act in an adult manner. Oh, and a nice pistol on your side makes for a nice understatement. Someones first impression at glancing at you won't be a sport utility rifle...at a public festival.....

Think PR.
 
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Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
And if you are going to open carry there, please dress like responsible, working adults and act in an adult manner. Oh, and a nice pistol on your side makes for a nice understatement. Someones first impression at glancing at you won't be a sport utility rifle...at a public festival.....
Dude.. you are kind of a broken record.. The manner in which people dress that offends you personally is actually how some people dress daily. If everyone dressed the same, it would be a boring world. Give it a break...
 
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cheezhed

Regular Member
Joined
May 10, 2009
Messages
70
Location
Sheboygan
It is amazing that there is now a dress code for exercising a civil liberty. I grow bored at his closed minded ways and his obsession that we must please him or some other liberal.
 

chowda

Regular Member
Joined
Sep 22, 2013
Messages
215
Location
here
The manner in which people dress that offends you personally
Have you ever considered you are actually an ambassador, a representative of the firearms community to those that have never interacted with any of us?
I know, I know, it's all about "it's MY RIGHT! I CAN DO WHATEVER I WANT! MY RIGHT! IT'S ME!"

Hmm, ever see those tech/private college commercials? Why do they usually have asians?
Why don't they use someone like this:


for their computer or medical technician advertisements? I know, I know, it's all just about you in your 'public statements'. Be interesting to actually meet some of you and go fishing. We'd probably get skunked though because your hk91 would keep hitting the boat and scare the fish away. Plus, it might be too hot for ya'll, as head to toe black can be like that. ;)
 

Plankton

Regular Member
Joined
Jan 31, 2010
Messages
398
Location
Just north of the Sheeple's Republik of Madistan
And if you are going to open carry there, please dress like responsible, working adults and act in an adult manner. Oh, and a nice pistol on your side makes for a nice understatement. Someones first impression at glancing at you won't be a sport utility rifle...at a public festival.....

Think PR.
Your opinion. Think Nanny Bloomberg.:lol:
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,386
Location
in front of my computer, WI
Interceptor_Knight said:
You may not be on a Class B premises with a handgun without meeting one of the exceptions such as unless you are a licensee and then only if you do not consume alcohol whether you are carrying openly or concealed.
941.237(cx) relates to a licensee.
If one is not carrying their license, and is carrying openly with permission from the owner or manager, how is a law which applies to a licensee valid, or able to be enforced?
How is a LEO (or anyone else) to know if the person has a license?
OC doesn't require a license, even in a tavern, as long as the person has permission.
Is one required to follow traffic laws even while afoot, simply because one has a driver's license?

Also see 175.60(2)(c)
Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm that is not concealed.
Nothing in 175.60 talks about limiting someone's ability to OC in a tavern, or their ability to consume alcohol while OC.

As I said before, in the part you quoted:
Drinking alcohol is legal OC even on a licensed premise as long as one is not "materially impaired".
Drinking alcohol OC or cc is legal anywhere else as long as one is not "materially impaired".

One of the other exceptions you didn't list, which applies to regular people:
941.237 Carrying handgun where alcohol beverages may be sold and consumed
(g) The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises

What does apply to anyone who's armed are these:

941.20 Endangering safety by use of dangerous weapon
It's a misdemeanor if someone
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant
Which is defined in 939.22(42) thusly:
"Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage, of a controlled substance or controlled substance analog ... or any combination
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
If one is not carrying their license, and is carrying openly with permission from the owner or manager, how is a law which applies to a licensee valid, or able to be enforced?
How is a LEO (or anyone else) to know if the person has a license?
I stand by my points. I will clarify them once again. There is no exception for simple "permission". A person wanting to carry and throw back a few beers is not an "event". An "agent" is not simply someone with permission. If the exception you are using is that you are a licensee, you may not consume alcohol whether you are carrying openly or concealed.
A LEO WILL confront you if you are Open Carrying and consuming alcohol on the premises of a Class B establishment. I wish you luck protesting in court based on your perceived 4th Amendment Rights being violated.
 
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anmut

Regular Member
Joined
Jan 1, 2010
Messages
875
Location
Stevens Point WI, ,
Dude.. you are kind of a broken record.. The manner in which people dress that offends you personally is actually how some people dress daily. If everyone dressed the same, it would be a boring world. Give it a break...
He's a f*cking troll that needs to be rolled in carpet and thrown off his bridge.
 
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