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Posted: 12/8/2018 7:02:04 AM EDT
I've read thru the Wisconsin FAQ but still unsure about loaded handguns in a vehicle. I'm an Ohio resident needing to drive into Milwaukee this wkend and Wisconsin doesn't recognize my chl because my renewal is from prior to 3/22/2015. I've seen something from your state supreme Court stating that a valid chl is required for vehicle carry but the reading of the actual law seems to indicate if "in plain view" it's legal. Is that ruling just for concealed open or both. I'm confused.
Link Posted: 12/8/2018 9:48:44 AM EDT
[#1]
To late for plausible deniability.
My opinion usually sux  but here it is any way.
Choice 1 conceal carry and worry about it.
Choice 2 do not carry.
Either way I'm sure you will be just fine.
Choice 3 open carry,  draw attention to yourself in the city.
How long were you planning on staying?
Maybe plan on longer.

JP
Link Posted: 12/8/2018 10:10:40 AM EDT
[#2]
So as of late, I’ve seen cases get tossed where people were arrested for CCW while open carrying in a vehicle, but their weapon was not placed on the dash. Currently, you can be arrested for open carrying in your vehicle without a CCW because case law supports it in the state. You can technically OC if your weapon is in plain sight from outside the vehicle, I.E. placed on your dash.

I wouldn’t risk it IMO. Our OC law is poorly written. I know if I stopped you I wouldn’t give a shit, but I’m merely speaking for myself and state patrol can be stiff (assuming you’ll be on 94/41).

Source: I’m a WI popo
Link Posted: 12/8/2018 10:41:52 AM EDT
[#3]
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Quoted:
So as of late, I’ve seen cases get tossed where people were arrested for CCW while open carrying in a vehicle, but their weapon was not placed on the dash. Currently, you can be arrested for open carrying in your vehicle without a CCW because case law supports it in the state. You can technically OC if your weapon is in plain sight from outside the vehicle, I.E. placed on your dash.

I wouldn’t risk it IMO. Our OC law is poorly written. I know if I stopped you I wouldn’t give a shit, but I’m merely speaking for myself and state patrol can be stiff (assuming you’ll be on 94/41).

Source: I’m a WI popo
View Quote
I'm not an attorney, nor do I play one on TV, but here goes anyway...

AFAIK, all that case law you talk about was prior to Act 35, which was a major overhaul of the ccw statutes in 2011. Would any of that "old" case law, based on the "old" laws, still be applicable? Those "as of late" cases that got tossed, wouldn't that be "new" case law and more applicable to current laws?  
Link Posted: 12/8/2018 7:08:27 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I'm not an attorney, nor do I play one on TV, but here goes anyway...

AFAIK, all that case law you talk about was prior to Act 35, which was a major overhaul of the ccw statutes in 2011. Would any of that "old" case law, based on the "old" laws, still be applicable? Those "as of late" cases that got tossed, wouldn't that be "new" case law and more applicable to current laws?  
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No. As far as I know (and regrettably my DA’s office has attempted to prosecute) carrying openly on your hip, in a vehicle, with no CCW license, is considered a violation of the CCW law. Now with a good lawyer, I’ve seen those charges dropped. With the Evers admin coming in, any hope I had in fixing our OC law is now gone temporarily.

Like I said, I know that if I stopped OP carrying with one on his hip, I most certainly wouldn’t give a shit. But I can’t make that promise for every LEO in between the Illinois border and Milwaukee and I know of cases in that vicinity where troopers got hinky over the OC law for weapons carried in vehicles.
Link Posted: 12/8/2018 10:00:50 PM EDT
[#5]
We made the trip and back without incident. I unloaded and locked it up in the safe under the rear seats of my truck just to be save(from the man). I just didn't want to be neutered going thru Chicago. My trip took me to Big Bend just south of Waukesha so I was able to avoid Milwaukee.
Link Posted: 12/9/2018 8:54:50 AM EDT
[#6]
Quoted:
I've read thru the Wisconsin FAQ but still unsure about loaded handguns in a vehicle. I'm an Ohio resident needing to drive into Milwaukee this wkend and Wisconsin doesn't recognize my chl because my renewal is from prior to 3/22/2015. I've seen something from your state supreme Court stating that a valid chl is required for vehicle carry but the reading of the actual law seems to indicate if "in plain view" it's legal. Is that ruling just for concealed open or both. I'm confused.
View Quote
Wisconsin doesn't require a chl to be a "resident" license, except for Wisconsin residents. If you had a UT or some other state's non-res chl it could be valid, even as a resident of Ohio (if it's from a state WI honors... http://www.handgunlaw.us/states/wisconsin.pdf).

I remember back when our law passed in 2011. Illinois residents with a UT or MN chl could actually carry here before I could. At that time, I had a FL and MN license, it took about 6 weeks to get my initial WI license, but because I was a WI resident, I had to wait.  As a WI resident, my MN wasn't valid here, but my daughter lives in MN, had a MN chl, and she was good to go here on day 1.
Link Posted: 12/9/2018 12:07:10 PM EDT
[#7]
Why does WI honor MN permits but not the other way around?
Link Posted: 12/9/2018 5:57:58 PM EDT
[#8]
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Quoted:
Why does WI honor MN permits but not the other way around?
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MN has live fire.
Link Posted: 12/9/2018 11:48:58 PM EDT
[#9]
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Quoted:

MN has live fire.
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Just thought I read somewhere that WI only honors permits from states that honors WI permits.  Interesting.  Maybe it was referring to honoring those states permits as a matter of fact and other states on an individual basis.
Link Posted: 12/10/2018 9:03:35 AM EDT
[#10]
A bag of pot on the passenger seat = plain view
A handgun on the passenger seat = concealed

Clear as mud?
Link Posted: 12/10/2018 10:20:35 AM EDT
[#11]
This type of shit - who honors who, and why/why not, is referred to as "CCW Bingo".

MN used to honor UT permits, but no longer does. Which was odd, because UT has no live fire requirements. My fault, I jinxed it. When my MN permit expired in 2011, I didn't renew because WI was just beginning to issue their first ever permits. I was hoping MN would honor them. The only other states I travel to whatsoever are MI & MN. MI is 15 minutes away and I work there on occasion, and I have a daughter & grandkids in MN. I waited a few years for MN to accept WI permits and that didn't happen, even though there were attempts made in the MN legislature to change their laws to honor all valid permits from any state (it passed the legislature too, but was vetoed by their version of Diamond Jim Doyle).

So I finally had a chance to take a UT class nearby and get a UT permit.... and less than a year later, MN stopped honoring UT.
Link Posted: 12/10/2018 10:42:03 AM EDT
[#12]
There are probably more folks with CCW permits getting charged for technical infractions then there are gang bangers under 21 packing in the cities.  Who is the real threat?
Link Posted: 12/10/2018 1:04:58 PM EDT
[#13]
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Quoted:
There are probably more folks with CCW permits getting charged for technical infractions then there are gang bangers under 21 packing in the cities.  Who is the real threat?
View Quote
That's news to me. But... maybe it just doesn't happen in my area, and local news is the only news I keep up with. What happens in Milwaukee or Madison is of no concern to me, so I don't follow any news outlets down there.

In fact, I go out of my way to avoid them, just like i avoid being in those areas at all costs. Only ONE thing could get to me to set foot in Milwaukee County....picking up a big lottery check.
Link Posted: 12/10/2018 10:15:20 PM EDT
[#14]
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Quoted:
There are probably more folks with CCW permits getting charged for technical infractions then there are gang bangers under 21 packing in the cities.  Who is the real threat?
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Quoted:
There are probably more folks with CCW permits getting charged for technical infractions then there are gang bangers under 21 packing in the cities.  Who is the real threat?
I can tell you that ain't the case in SE Wisconsin. I've seen two CCWers arrested. One had a permit that was about a month expired and he was involved in a large scale bar fight and the other was a well known gang member who hammered off a bunch of rounds one night after some unknown mysterious suspects attacked him first before disappearing into thin air.
Quoted:
A bag of pot on the passenger seat = plain view
A handgun on the passenger seat = concealed

Clear as mud?
Ya, it's inpressively stupid.
Link Posted: 12/10/2018 10:34:54 PM EDT
[#15]
Wisconsin recognizes Ohio permits issued or renewed after 3/22/2015. Ohio changed their background review from our states BCI to NICS and in doing so we picked up a couple more states in reciprocity. Wisconsin and I think Texas. Mine's up for renewal early next year so I'll be good in all the commie states and Minnesota.
Link Posted: 12/10/2018 10:42:42 PM EDT
[#16]
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Quoted:
MN has live fire.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Why does WI honor MN permits but not the other way around?
MN has live fire.
Ohio has live fire and Minnesota doesn't recognize ohio either.
Link Posted: 12/11/2018 11:15:27 AM EDT
[#17]
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Quoted:
A bag of pot on the passenger seat = plain view
A handgun on the passenger seat = concealed

Clear as mud?
View Quote
I believe is was something along the lines of, "readily visible upon approach" thats why having the gun on the dash gets mentioned.
Link Posted: 12/14/2018 11:22:56 AM EDT
[#18]
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Quoted:
I can tell you that ain't the case in SE Wisconsin. I've seen two CCWers arrested. One had a permit that was about a month expired and he was involved in a large scale bar fight and the other was a well known gang member who hammered off a bunch of rounds one night after some unknown mysterious suspects attacked him first before disappearing into thin air.
Ya, it's inpressively stupid.
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There are probably more folks with CCW permits getting charged for technical infractions then there are gang bangers under 21 packing in the cities.  Who is the real threat?
I can tell you that ain't the case in SE Wisconsin. I've seen two CCWers arrested. One had a permit that was about a month expired and he was involved in a large scale bar fight and the other was a well known gang member who hammered off a bunch of rounds one night after some unknown mysterious suspects attacked him first before disappearing into thin air.
Quoted:
A bag of pot on the passenger seat = plain view
A handgun on the passenger seat = concealed

Clear as mud?
Ya, it's inpressively stupid.
In a stop at the beginning of the year I was asked if my carry was on my person. If you could explain, what was the reason for that specific question?
Link Posted: 12/14/2018 10:23:09 PM EDT
[#19]
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Quoted:

In a stop at the beginning of the year I was asked if my carry was on my person. If you could explain, what was the reason for that specific question?
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What was the context? A traffic stop? Did you disclose that you were carrying? Because your permit isn’t linked to your DL or your vehicle registration like other states. It’s a totally separate query ran and you have to have a valid reason for checking that information to begin with.

He was probably just asking so he knew whether it was on your person VS. In some other spot in the car.
Link Posted: 12/17/2018 2:45:45 PM EDT
[#20]
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Quoted:
What was the context? A traffic stop? Did you disclose that you were carrying? Because your permit isn’t linked to your DL or your vehicle registration like other states. It’s a totally separate query ran and you have to have a valid reason for checking that information to begin with.

He was probably just asking so he knew whether it was on your person VS. In some other spot in the car.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

In a stop at the beginning of the year I was asked if my carry was on my person. If you could explain, what was the reason for that specific question?
What was the context? A traffic stop? Did you disclose that you were carrying? Because your permit isn’t linked to your DL or your vehicle registration like other states. It’s a totally separate query ran and you have to have a valid reason for checking that information to begin with.

He was probably just asking so he knew whether it was on your person VS. In some other spot in the car.
Yeah, traffic stop, no rear plate because the truck is apportioned.

I always hand my DL & CCW at the same time in addition to my driver log book if I’m in a work truck.

It was when he returned back to the truck to give me the stuff back that he asked. It was just odd & I didn’t know if it was a thing or not as I haven’t read “on your person” in the statutes, only the term “carry” which should mean within the context of vehicle & sometimes I will unholster it & put it in the lower door carrier.
Link Posted: 12/19/2018 7:22:30 AM EDT
[#21]
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Quoted:

Yeah, traffic stop, no rear plate because the truck is apportioned.

I always hand my DL & CCW at the same time in addition to my driver log book if I’m in a work truck.

It was when he returned back to the truck to give me the stuff back that he asked. It was just odd & I didn’t know if it was a thing or not as I haven’t read “on your person” in the statutes, only the term “carry” which should mean within the context of vehicle & sometimes I will unholster it & put it in the lower door carrier.
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Ya not so much a legal thing, just the comfort of knowing where the gun is in case some dude decides its time to get it on and starts reaching for it. Not implying that’s you at all, but I’ll generally ask the question and then sometimes talk shop about method of carry just out of sheer curiosity. We’re pretty fun friendly here. Plenty of people with carry licenses.

I’ve disarmed one guy who was carrying legally before but he was seen on surveillance plainly casing a closed business that gets burglarized on average, twice a year or so.
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