Heysheen: wi open carry laws

Discussion in 'Firearms' started by Tango3, Feb 1, 2008.

  1. Tango3

    Tango3 Aimless wanderer

    opencarry.org discusses open carry laws by state, Ii found the wi discussion worthwhile:

    In wi we can openly carry, but not in a vehicle of any kind it must be encased(in a proper pistol case), which can violate the no-concealed carry statute; out of reach, out of sight and unloaded. Seems,there are two state statutes that conflict.Where in a vehicle you can't carry openly or concealed... interestingtaser1
  2. sheen_estevez

    sheen_estevez Monkey+++

    Very interesting thread the brief is a good read as well.

    Living in Northern Wisconsin I've taken advantage of open carry often, most of the time it is in the woods. Not too long ago I was in Walmart and there was a guy in the sporting good section with a empty holster on his hip, it was in plain site (empty) and no one gave him a second look.

    This is one issue I think needs to be resolved with the passing of a CCW law for the state. Of course with our Governor it would never pass.
  3. monkeyman

    monkeyman Monkey+++ Moderator Emeritus Founding Member

    Do like we did in MO, make sure you have enouph of the representatives in fear for their jobs that you over ride the veto and get it anyway.
  4. sheen_estevez

    sheen_estevez Monkey+++

    The problem is getting the reps in that position. Basically Wisconsin is very rural with only a few large metro areas, Milwaukee & Madison being the largest cities and very liberal. The rest is either farm land or woods with small towns in between. So in the rural farm & wood area's there is no issues but in the cities there are issues with the liberal side of voting process and they muster up enough votes to keep the veto in place.

    We have a Gov. that thinks Wisconsin crimes are low so we don't need to have people run around with guns, if he had it his way we would send out the storm troopers to collect all our guns, low crimes isn't the point here, my rights under the constitution are the issue.
  5. Tango3

    Tango3 Aimless wanderer

    I carry openly in the woods, Reading this, breaking down a rifle or folding an ak in the back pack is "concealed (not encased in a proper case), "within reach",and "I would have knowledge it was there".So go to jail/ court time.glad I found that forum.
  6. sheen_estevez

    sheen_estevez Monkey+++

    Well if it's in your backpack unless you have really good joint movement you could take the route, I can't reach it. Is the backpack zippered? If so it's in a enclosed case (I didn't see anything in the law that states what type of case it is) of course the clip can't be in it. I also think you would have a good case if the rifle is "Broken" down, yes you have it in a case (backpack) and it's not loaded and it's not in a condition to just take out and fire, of course it's not something that you really want to take a chance with even if you have deep pockets. My feelings on open carry, yes I can do it, but do I want the hassle? and if I were to ever get cited over it and the state passes a CCW law would that citation keep me from getting a permit?

    Years ago when I was in high school (this was long before school zones) we all carried our hunting rifles in our trucks in the gun rack in the back window, of course they were in a gun case and unloaded, but when you walked around the parking lot I would say 40% of the people at school had a long gun in their vehicles, now if I even drive past the local high school on the highway I'm within 1000 ft of the school so technically they could pop me for just having it in my vehicle if they wanted to.

    Here's another issue not on the guns but weapons side, I am my oldest boys cub scout leader, one of my other parents works at the high school and we use his room as our meeting place, we had snacks for the boys and they couldn't get the package open, two of us at the same time reached in our pockets and pulled out our blades, the teacher quickly said, hey you can't have those here, of course he wouldn't turn me in for it but technically he is correct, and the Gerber on my belt could also land me a citation while I'm in the school, not too many people think about the laws in those regards.

    I'm glad you passed on the site, spent most of the evening reading through the threads. It is time to get active on the political side of this issue. I've always kept my political views to myself, even within my own family but this issue has always gotten to me.
  7. Tango3

    Tango3 Aimless wanderer

    941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

    To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).

    939.22(10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

    I Wonder how/ if the last annotation (939.22(10)s applies to my kabar
    if its stuffed into the pack? (or a big pocket folder in your front pocket)?
  8. sheen_estevez

    sheen_estevez Monkey+++

    939.22(10) that includes the Kabar and the folded pocket knife, if they want to mess with you that's the one they will focus on if they don't want to mess with you they won't care that you have a Kabar in your pack
  9. Tango3

    Tango3 Aimless wanderer

    Just armchair loiyering , doubt Id ever give'em reason to stop and search the pack anyway...
    thinking about a classic sheridan air rifle in .20 for squirrels an d bunnies.( but osciffer its not a firearm!)...
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