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ford_shooter
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Posted: 8/1/2012 5:25:15 PM

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I'm coming from Iowa and spending the weekend in Hayward. Where is carry a No Go? Are state and city parks Ok? Resturants?
shotgunfatcat
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Posted: 8/1/2012 5:39:19 PM
You can pretty much carry everywhere except for state buildings, schools, and places marked. You can carry in a bar as long as you don't drink!.
Interceptor_Knight
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Posted: 8/1/2012 5:43:13 PM
Originally Posted By ford_shooter:
I'm coming from Iowa and spending the weekend in Hayward. Where is carry a No Go? Are state and city parks Ok? Resturants?


Parks and restaurants are OK but no drinking in the restaurant if carrying. On school grounds, police stations, court house, secure mental health facility, tavern if you are drinking...

(a) Except as provided in par. (b), neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:
1. Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.
2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
3. The facility established under s. 46.055.
4. The center established under s. 46.056.
5. Any secured unit or secured portion of a mental health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
6. Any portion of a building that is a county, state, or federal courthouse.
7. Any portion of a building that is a municipal courtroom if court is in session.
8. A place beyond a security checkpoint in an airport.
(b) The prohibitions under par. (a) do not apply to any of the following:
1. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a).
2. A weapon in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.
3. A weapon in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.
Today we need a nation of Riflemen, citizens who are not only prepared to take arms but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom
glenn_r
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Posted: 8/1/2012 7:27:54 PM
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rfb45colt
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Posted: 8/1/2012 8:04:00 PM
Don't forget federal property, such as U.S. Postal Service property, and, although I don't think there's any in the Hayward area but there is in Park Falls just to the east, all U.S. Forest Service office & maintenance buildings are posted (does not include places such as public restrooms [glorified outhouses] in campgrounds or at boat landings).

The Lac Court Oreilles reservation is very near Hayward, and if it's anything like the Lac Du Flambeau rez, you can expect posted buildings everywhere on the rez that's tribal owned (like the casino).
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KingRat
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Posted: 8/2/2012 1:20:47 AM
You can't carry in a tavern if you are drinking? Weak. I'm going to have to pick up a reserve position somewhere.
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RickFinsta
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Posted: 8/2/2012 8:04:11 AM
So, what is the penalty for carrying in a tavern while drinking? I did some poking around in the statutes and code but didn't find anything I felt was definitive.
Please dont take it personally, the ad hominem is simply my favorite fallacy...
TapperMan
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Posted: 8/2/2012 9:55:59 AM
Originally Posted By shotgunfatcat:
You can pretty much carry everywhere except for state buildings, schools, and places marked. You can carry in a bar as long as you don't drink!.


Most state buildings are OK. Only certain ones are posted.
NAM
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Posted: 8/2/2012 5:34:44 PM
Originally Posted By RickFinsta:
So, what is the penalty for carrying in a tavern while drinking? I did some poking around in the statutes and code but didn't find anything I felt was definitive.


Class A Misdemeanor.

941.20(1)(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
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RickFinsta
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Posted: 8/2/2012 11:06:11 PM
That's under the influence, which is ostensibly 0.08% BAC or higher, not simply armed while in an establishment that serves alcohol, though, as far as I could tell. Reading statutes and code makes me comb the fur of my wookie suit and turns my vision blurry red, though.
Please dont take it personally, the ad hominem is simply my favorite fallacy...
NAM
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Posted: 8/3/2012 8:08:24 AM
Originally Posted By RickFinsta:
That's under the influence, which is ostensibly 0.08% BAC or higher, not simply armed while in an establishment that serves alcohol, though, as far as I could tell. Reading statutes and code makes me comb the fur of my wookie suit and turns my vision blurry red, though.


My understanding is that .08 is legally intoxicated. Anything less is "under the influence". I'll try to look up the exact statute/code on that if i get time later.
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
CoC #11: Some animals are more equal than others.
RickFinsta
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Posted: 8/3/2012 8:21:29 AM
I've had nothing but trouble trying to figure that out; I couldn't find any caselaw last time I was looking.
Please dont take it personally, the ad hominem is simply my favorite fallacy...
NAM
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Posted: 8/3/2012 8:57:19 AM
Originally Posted By RickFinsta:
I've had nothing but trouble trying to figure that out; I couldn't find any caselaw last time I was looking.


I hera ya... just did some looking, and not finding any statute with anytihng in black and white, only "prohibited alcohol content". I'm sure I_K or someone else will be along shortly with a cite.
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
CoC #11: Some animals are more equal than others.
chwi548
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Posted: 8/3/2012 10:37:45 AM
Originally Posted By KingRat:
You can't carry in a tavern if you are drinking? Weak. I'm going to have to pick up a reserve position somewhere.


What? Why don't you try again....

KingRat
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Posted: 8/3/2012 11:48:10 AM

Originally Posted By chwi548:
Originally Posted By KingRat:
You can't carry in a tavern if you are drinking? Weak. I'm going to have to pick up a reserve position somewhere.


What? Why don't you try again....


The law says LE and CCW holdlers can carry in taverns. It then singles out CCW holders as not being able to do so if drinking. As the law is written, LE can carry in a tavern while drinking. So to avoid breaking the law, I said I was going to take a commission.


"A peace officer, a Wisconsin CCW licensee, a qualified out-of-state licensee, a qualified out-of-state law enforcement officer and a former law enforcement officer can carry a concealed handgun in a tavern and a CCW licensee and authorized out-of-state CCW licensee can carry a concealed handgun in a tavern only if they are not consuming alcohol on the premises. Wis. Stat. § 941.237(3)(cr), (ct), and (cx)."



Crazy neighbors - Filling the gap until the zombies arrive.
NAM
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Posted: 8/3/2012 12:03:33 PM
[Last Edit: 8/3/2012 3:48:57 PM by NAM]
Originally Posted By KingRat:

The law says LE and CCW holdlers can carry in taverns. It then singles out CCW holders as not being able to do so if drinking. As the law is written, LE can carry in a tavern while drinking. So to avoid breaking the law, I said I was going to take a commission.


"A peace officer, a Wisconsin CCW licensee, a qualified out-of-state licensee, a qualified out-of-state law enforcement officer and a former law enforcement officer can carry a concealed handgun in a tavern and a CCW licensee and authorized out-of-state CCW licensee can carry a concealed handgun in a tavern only if they are not consuming alcohol on the premises. Wis. Stat. § 941.237(3)(cr), (ct), and (cx)."


(2) 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.
941.237(3) Subsection (2) does not apply to any of the following:
941.237(3)(a) A peace officer.
941.237(3)(b) A correctional officer while going armed in the line of duty.
941.237(3)(c) A member of the U.S. armed forces or national guard while going armed in the line of duty.
941.237(3)(cm) A private security person meeting all of the following criteria:
941.237(3)(cm)1. The private security person is covered by a license or permit issued under s. 440.26.
941.237(3)(cm)2. The private security person is going armed in the line of duty.
941.237(3)(cm)3. The private security person is acting with the consent of the person specified in par. (d).
941.237(3)(cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
941.237(3)(ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
941.237(3)(cx) 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.


So, a peace officer, a qualified former officer, or a qualified out of state officer can all drink while ccw. I don't know that i support this. All animals are equal, but some are more equal.



See my post below.
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
CoC #11: Some animals are more equal than others.
vit15
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Posted: 8/3/2012 2:41:55 PM
Originally Posted By NAM:
Originally Posted By KingRat:

The law says LE and CCW holdlers can carry in taverns. It then singles out CCW holders as not being able to do so if drinking. As the law is written, LE can carry in a tavern while drinking. So to avoid breaking the law, I said I was going to take a commission.


"A peace officer, a Wisconsin CCW licensee, a qualified out-of-state licensee, a qualified out-of-state law enforcement officer and a former law enforcement officer can carry a concealed handgun in a tavern and a CCW licensee and authorized out-of-state CCW licensee can carry a concealed handgun in a tavern only if they are not consuming alcohol on the premises. Wis. Stat. § 941.237(3)(cr), (ct), and (cx)."


(2) 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.
941.237(3) Subsection (2) does not apply to any of the following:
941.237(3)(a) A peace officer.
941.237(3)(b) A correctional officer while going armed in the line of duty.
941.237(3)(c) A member of the U.S. armed forces or national guard while going armed in the line of duty.
941.237(3)(cm) A private security person meeting all of the following criteria:
941.237(3)(cm)1. The private security person is covered by a license or permit issued under s. 440.26.
941.237(3)(cm)2. The private security person is going armed in the line of duty.
941.237(3)(cm)3. The private security person is acting with the consent of the person specified in par. (d).
941.237(3)(cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
941.237(3)(ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
941.237(3)(cx) 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.


So, a peace officer, a qualified former officer, or a qualified out of state officer can all drink while ccw. I don't know that i support this. All animals are equal, but some are more equal.

This guy got busted for "endangering safety by use of a dangerous weapon under the influence of an intoxicant" http://www.wiscnews.com/news/local/article_e25c52ea-db2e-11e1-a090-0019bb2963f4.html
NAM
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Posted: 8/3/2012 3:47:46 PM
Originally Posted By vit15:
This guy got busted for "endangering safety by use of a dangerous weapon under the influence of an intoxicant" http://www.wiscnews.com/news/local/article_e25c52ea-db2e-11e1-a090-0019bb2963f4.html


now that you mention it, 941.20 does not list an exception for LEOs, except the portion about discharging a firearm from a vehicle. So.... the above discussion is a moot point. Doesn't matter if you are an LEO or not.... drinking + firearms = violation.....albeit two charged for your average joe, versus a single 941.20 charge for an LEO.

http://docs.legis.wisconsin.gov/document/statutes/941.20
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
CoC #11: Some animals are more equal than others.
RickFinsta
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Posted: 8/3/2012 7:11:55 PM
And people wonder why I homebrew...
Please dont take it personally, the ad hominem is simply my favorite fallacy...
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Posted: 8/3/2012 7:27:24 PM
[Last Edit: 8/3/2012 7:28:54 PM by Interceptor_Knight]
Originally Posted By RickFinsta:
That's under the influence, which is ostensibly 0.08% BAC or higher, not simply armed while in an establishment that serves alcohol, though, as far as I could tell. Reading statutes and code makes me comb the fur of my wookie suit and turns my vision blurry red, though. ]

Originally Posted By NAM:
Originally Posted By RickFinsta:
That's under the influence, which is ostensibly 0.08% BAC or higher, not simply armed while in an establishment that serves alcohol, though, as far as I could tell. Reading statutes and code makes me comb the fur of my wookie suit and turns my vision blurry red, though.


My understanding is that .08 is legally intoxicated. Anything less is "under the influence". I'll try to look up the exact statute/code on that if i get time later.

Under the influence = materially impaired. The actual BAC is irrelevant. When you get cited for suspicion of being under the influence of alcohol or another substance while driving you receive 2 separate citations. 1 for prohibited BAC (.08) and the other for driving under the influence which is defined as being materially impaired. If you drive any less safe after drinking than you would have if you were not drinking or if drinking caused you to do something less safely then you are materially impaired. If you crossed the center line because you had a single beer, you are done.
You may be found guilty of one or both of the citations but one is dismissed in the case of both.

What this all means is that if you were disorderly in any way and you have been drinking and you are carrying a firearm, you may be cited.
Today we need a nation of Riflemen, citizens who are not only prepared to take arms but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom
RickFinsta
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Posted: 8/4/2012 10:06:33 AM
So, if I can prove that I'm a loud, brash, insufferable jackass ALL the time (I think one could dig up some proof on the internet somewhere... ) I'm good to go for avoiding a citation for being under the influence! Yay!
Please dont take it personally, the ad hominem is simply my favorite fallacy...