Posted: 7/13/2009 8:44:42 AM EDT
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I have been searching the wisconsin legislature website for a few hours now, and cannot find the word for word law on open carrying. I am deployed right now, and my wife is spending the summer back home in wisconsin (oconomowoc). She's got her XD with her and since wisconsin doesnt allow CC, she's had to keep it locked and unloaded in the house. (we live in Nevada where we both CC when out in public).
anyway, her sister has been involved in some crappy custody battle with her boyfriend, and dawn (my wife) is worried about her sister's safety. She's considering open carrying for her own protection, as well as her family. (this guy has made credible threats to her sister and the family) anyway, anybody have links to the actual laws so she can be armed with that in the likely event that she is challenged by police for OC'ing? she lives in a small town where they dont have much to do, and i expect her to be confronted by police for carrying if she decides to do so. Thanks! |
| OC is legal in WI, with some exceptions. Most notable is inside a vehicle & within 1000' of a school zone, where all firearms must be unloaded and encased (unless you reside within 1000' of a school zone, in which case the school zone OC ban does not apply if you're in YOUR premises). OC is also banned in all govt owned buildings (applies to all fed., state, & local govt buildings & adjacent property such as parking lots), state parks, and any business that sells alcohol for consumption on the premises. |
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You can find a lot of info here: http://opencarry.mywowbb.com/forum57/27414.html
Open carry isnt explicity allowed, its just that concealed carry is forbidden and you need to have a way to carry by law. The link above is what you are looking for though. The biggest thing is that it isnt allowed 1000 ft from a school, I know our town is small enough that rules out like 1/4 of the city! OK, maybe not that bad but you get the point. |
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The laws are so messed up here..
We have a constitutional right that allows us to bear arms. By outlawing CC with the state statutes, you can reaally only OC and be in compliance with the law. In the past, LEO's used to just have the "disorderly conduct" they could give you to deter you from OC'ing. A few months ago our AG JBV issued a release that said OC in itself was not "disorderly" if other laws were being followed so that had the effect of eliminating the "DO" charge and thus making OC legal. (It really wasn't illegal to OC) As for the wife, she most likely will be challenged for carrying it, plus there is the whole carrying in a School zone issue. Some communities do not allow it in parks etc.......Quite simply, it is a mess. It is really difficult to give the laws for legal OC'ing. If you / or her are going to do it, you really need to research where it is allowed and where it may be illegal. My best advice would be to contact the local LEO agency and ask them their position is on OC. I wouldn't necessarily give the reasons for your inquiry, just ask what there position is and how they plan to handle someone. The last thing you would want is for your wife to be thrown to the ground by some officers as MPD Chief Flynn has suggested will happen before they sort the matter out Some LEO's understand the legal situation better than others and that the bad guys already are carrying. Good Luck, |
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hey thanks for the quick replies. Yea I talked to her about the harrasment to expect from the police if she were to OC. she knows how anal the cops are in oconomowoc, they will stop you for anything. However i told her if she does want to do it, she needs to know her rights to the "T", as well as the letter of the law. I thought about asking the PD about it, but i expect to hear their opinion on it instead of the law.
however she's also not one just to lay down and be a sheep. she's strong willed and is very willing to exercise her rights. I just want to make sure she's educated enough to know her rights, and the law, if confronted about it |
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ok what about the right to defend yourself? i didnt see anything about that in there. what consititutes justifiable homicide? and what rights do you have to defending your home? There is no set law to allow for justifiable homicide as it will surely be investigated. I spoke with my State Rep Kramer (who is a really good guy) about the Wisconsin "Castle Doctrine" legislation that was being introduced, but to my knowledge it has not gone anywhere. So, I personally believe the easiest way to understand self defense..... is to be able to explain your situation, story and actions to a jury. If they believe you, it is justifiable. |
| thats friggin bullshit. i love my home-state, but the liberal government sucks ass. there needs to be a LAW protecting your right to defend yourself. Nevada has it spelled out pretty cut and dry. if you have reason to fear for your life, or life of your family in your own house, you are justified to defend yourself to whatever extreme necessary to eliminate the threat. |
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In the true sense of the word, having no law is better than having one. Unfortunately in todays world of 'interpretation' and the way they can twist things, laws are needed, yet often times do more damage than good.
Self protection is a natural right, one that shouldn't be governed or restricted. Bob |
Umm, for those of you saying there's no law about self-defense in Wisconsin, there's always state statute 939.48, which is the self-defense law.
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Umm, for those of you saying there's no law about self-defense in Wisconsin, there's always state statute 939.48, which is the self-defense law. and that law will be interpreted by the county DA. Like I said, you better be able to convince a jury that you needed to use deadly force. Don't plan on shooting someone in self-defense and then pulling out that statute and saying "see....right here it says...." It will be investigated and the DA will decide whether or not to pursue charges. |
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Don't plan on shooting someone in self-defense and then pulling out that statute and saying "see....right here it says...." . The law is on your side if your decision to draw and shoot is based on a genuine danger to your life. You are correct in that you can not just hide behind the statute and expect that it will prevent you from being charged. The job of prosecutors is to prosecute and not all DAs are going to be on the side of the true victim. Anyone who draws their weapon should anticipate being charged. This is a simple fact that you need to come to terms with. This fact is repeated over and over when you take a CCW class. You will be held accountable for your actions. If you feel that you are prepared to take a life, you should be prepared for what you are going to say and do after you take that like in order to keep yourself out of prison. If your life is truly in danger, then facing a jury is a far better alternative than facing a coroner.... 
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Based on what is happening across the state, police will not "challenge" you for OC'g. Yes, some people have been approached by law enforcement while carrying, but only after someone has called them. In those cases they are just responding to a citizen's call, which over time will hopefully stop once people understand OC is legal, that is why more people need to carry.
The laws are so messed up here.. ...... As for the wife, she most likely will be challenged for carrying it, plus there is the whole carrying in a School zone issue. Some communities do not allow it in parks etc.......Quite simply, it is a mess. It is really difficult to give the laws for legal OC'ing. If you / or her are going to do it, you really need to research where it is allowed and where it may be illegal. My best advice would be to contact the local LEO agency and ask them their position is on OC. I wouldn't necessarily give the reasons for your inquiry, just ask what there position is and how they plan to handle someone. The last thing you would want is for your wife to be thrown to the ground by some officers as MPD Chief Flynn has suggested will happen before they sort the matter out Some LEO's understand the legal situation better than others and that the bad guys already are carrying. Good Luck, Another think to note, carrying within a 1000' of a school is legal on private property, it doesn't need to be your property. So if you want to OC into your grocery store, it can be directly across the street from a school and it's legal to OC (as long as you don't have to park your car and arm up on a public street). I don't see the point in contacting LEO, they all know that OC'g is legal now. You have the right to OC, you don't need to call them up and ask. Carry on! |
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Based on what is happening across the state, police will not "challenge" you for OC'g. Yes, some people have been approached by law enforcement while carrying, but only after someone has called them. In those cases they are just responding to a citizen's call, which over time will hopefully stop once people understand OC is legal, that is why more people need to carry.
The laws are so messed up here.. ...... As for the wife, she most likely will be challenged for carrying it, plus there is the whole carrying in a School zone issue. Some communities do not allow it in parks etc.......Quite simply, it is a mess. It is really difficult to give the laws for legal OC'ing. If you / or her are going to do it, you really need to research where it is allowed and where it may be illegal. My best advice would be to contact the local LEO agency and ask them their position is on OC. I wouldn't necessarily give the reasons for your inquiry, just ask what there position is and how they plan to handle someone. The last thing you would want is for your wife to be thrown to the ground by some officers as MPD Chief Flynn has suggested will happen before they sort the matter out Some LEO's understand the legal situation better than others and that the bad guys already are carrying. Good Luck, Another think to note, carrying within a 1000' of a school is legal on private property, it doesn't need to be your property. So if you want to OC into your grocery store, it can be directly across the street from a school and it's legal to OC (as long as you don't have to park your car and arm up on a public street). I don't see the point in contacting LEO, they all know that OC'g is legal now. You have the right to OC, you don't need to call them up and ask. Carry on! While it is legal, I think it is pretty irresponsible to tell someone just to OC because it is legal. There are many exceptions to OC'ing such as Gov't buildings, bars / restaurants etc.... and people need to be informed or it will end up being a black eye on the OC / CCW movement. I recommended contacting a LEO agency in the area so the OP would get a clarification and better understanding of the laws and consequences, which is the responsible thing to do for someone who has never carried a weapon and is seeking advice on a forum for the laws and exceptions. The last thing I or anyone here would want is that the OP's wife get charged for something for getting too little information about what they can and can not do. I'd still advise the OP to get more information from the local LEO before proceeding. She is after all trying to be a law abiding citizen looking to protect herself, not a rebel out to challenge the laws. Good Luck |
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Based on what is happening across the state, police will not "challenge" you for OC'g. Yes, some people have been approached by law enforcement while carrying, but only after someone has called them. In those cases they are just responding to a citizen's call, which over time will hopefully stop once people understand OC is legal, that is why more people need to carry.
The laws are so messed up here.. ...... As for the wife, she most likely will be challenged for carrying it, plus there is the whole carrying in a School zone issue. Some communities do not allow it in parks etc.......Quite simply, it is a mess. It is really difficult to give the laws for legal OC'ing. If you / or her are going to do it, you really need to research where it is allowed and where it may be illegal. My best advice would be to contact the local LEO agency and ask them their position is on OC. I wouldn't necessarily give the reasons for your inquiry, just ask what there position is and how they plan to handle someone. The last thing you would want is for your wife to be thrown to the ground by some officers as MPD Chief Flynn has suggested will happen before they sort the matter out Some LEO's understand the legal situation better than others and that the bad guys already are carrying. Good Luck, Another think to note, carrying within a 1000' of a school is legal on private property, it doesn't need to be your property. So if you want to OC into your grocery store, it can be directly across the street from a school and it's legal to OC (as long as you don't have to park your car and arm up on a public street). I don't see the point in contacting LEO, they all know that OC'g is legal now. You have the right to OC, you don't need to call them up and ask. Carry on! While it is legal, I think it is pretty irresponsible to tell someone just to OC because it is legal. There are many exceptions to OC'ing such as Gov't buildings, bars / restaurants etc.... and people need to be informed or it will end up being a black eye on the OC / CCW movement. I recommended contacting a LEO agency in the area so the OP would get a clarification and better understanding of the laws and consequences, which is the responsible thing to do for someone who has never carried a weapon and is seeking advice on a forum for the laws and exceptions. The last thing I or anyone here would want is that the OP's wife get charged for something for getting too little information about what they can and can not do. I'd still advise the OP to get more information from the local LEO before proceeding. She is after all trying to be a law abiding citizen looking to protect herself, not a rebel out to challenge the laws. Good Luck You said someone should contact their local LEO's to see how they would handle the situation, not to see what the laws were regarding OC. There really is no point in asking them how they would handle OC, for the very reason that what someone sitting behind their desk in an office says isn't always going to translate into how a cop on the street acts. If you were going to have a picnic, would you call the cops and ask how they would handle someone they found having a picnic? I swear, some of you want to villify firearms ownership as much or more than the liberals in this state. Nobody in their right mind would tell the OP to not educate his wife on where it is or isn't legal to carry a firearm. That would be stupid, and very unresponsible of the OP and his wife. But to suggest that they should call the local LEOs to see what their feelings are about OC is just stupid in my opionion. Not to mention the fact that just because a cop tells you somethings legal, that doesn't mean he's right, or that the DA won't prosecute based on that. If you're going to exercise your rights, be prepared to deal with cops in any sort of mindset. You might catch one having a bad day, and even though Dept. policy to is act professionally, he might decide to do a felony stop on you because he's in a bad mood. If you want to OC, just know the laws, make sure you stay within them, and do it. Do not worry about how the local LEOs view it, or let their attitudes shape your behavior. I sure as hell won't. |
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Based on what is happening across the state, police will not "challenge" you for OC'g. Yes, some people have been approached by law enforcement while carrying, but only after someone has called them. In those cases they are just responding to a citizen's call, which over time will hopefully stop once people understand OC is legal, that is why more people need to carry.
The laws are so messed up here.. ...... As for the wife, she most likely will be challenged for carrying it, plus there is the whole carrying in a School zone issue. Some communities do not allow it in parks etc.......Quite simply, it is a mess. It is really difficult to give the laws for legal OC'ing. If you / or her are going to do it, you really need to research where it is allowed and where it may be illegal. My best advice would be to contact the local LEO agency and ask them their position is on OC. I wouldn't necessarily give the reasons for your inquiry, just ask what there position is and how they plan to handle someone. The last thing you would want is for your wife to be thrown to the ground by some officers as MPD Chief Flynn has suggested will happen before they sort the matter out Some LEO's understand the legal situation better than others and that the bad guys already are carrying. Good Luck, Another think to note, carrying within a 1000' of a school is legal on private property, it doesn't need to be your property. So if you want to OC into your grocery store, it can be directly across the street from a school and it's legal to OC (as long as you don't have to park your car and arm up on a public street). I don't see the point in contacting LEO, they all know that OC'g is legal now. You have the right to OC, you don't need to call them up and ask. Carry on! While it is legal, I think it is pretty irresponsible to tell someone just to OC because it is legal. There are many exceptions to OC'ing such as Gov't buildings, bars / restaurants etc.... and people need to be informed or it will end up being a black eye on the OC / CCW movement. I recommended contacting a LEO agency in the area so the OP would get a clarification and better understanding of the laws and consequences, which is the responsible thing to do for someone who has never carried a weapon and is seeking advice on a forum for the laws and exceptions. The last thing I or anyone here would want is that the OP's wife get charged for something for getting too little information about what they can and can not do. I'd still advise the OP to get more information from the local LEO before proceeding. She is after all trying to be a law abiding citizen looking to protect herself, not a rebel out to challenge the laws. Good Luck You said someone should contact their local LEO's to see how they would handle the situation, not to see what the laws were regarding OC. There really is no point in asking them how they would handle OC, for the very reason that what someone sitting behind their desk in an office says isn't always going to translate into how a cop on the street acts. If you were going to have a picnic, would you call the cops and ask how they would handle someone they found having a picnic? I swear, some of you want to villify firearms ownership as much or more than the liberals in this state. Nobody in their right mind would tell the OP to not educate his wife on where it is or isn't legal to carry a firearm. That would be stupid, and very unresponsible of the OP and his wife. But to suggest that they should call the local LEOs to see what their feelings are about OC is just stupid in my opionion. Not to mention the fact that just because a cop tells you somethings legal, that doesn't mean he's right, or that the DA won't prosecute based on that. If you're going to exercise your rights, be prepared to deal with cops in any sort of mindset. You might catch one having a bad day, and even though Dept. policy to is act professionally, he might decide to do a felony stop on you because he's in a bad mood. If you want to OC, just know the laws, make sure you stay within them, and do it. Do not worry about how the local LEOs view it, or let their attitudes shape your behavior. I sure as hell won't. Yes, I would check to see how they would handle the situation if it were my wife (for myself, I wouldn't care as I am more comfortable with carrying). The last thing I or any other self respecting husband would want is to have a couple of cops throw your wife to the ground, disarm her and then start asking question about why she is carrying. Which is just how Chief Flynn has instructed his MPD officers to handle a person with gun call. I was just advising the OP to check with his local LEO's to make sure that Oconomowoc doesn't have the same philosophy as Milwaukee. Personally, I would rather just make a simple call to the Ocon PD than have my wife's face pushed into the concrete by some over zealous cop. At least it would open some dialogue and prepare them for the situation knowing it may be a possibility with her given the circumstances as to why she is carrying. Of course, he can now decide whether to call and ask questions or not. In your opinion it may be stupid, in mine it isn't. Perhaps you don't have a wife, or perhaps you don't care what happens to her, I don't know? My family's safety is more important to me than having the attitude that I don't need to ask anyone anything because it is my right and I'll do it if I want. |
| So if the Ocon PD has the same stance on the matter as Flynn (which was all a bunch of bullshit blustering on his part and not actual policy), would you tell your wife not to carry? I'm really having a hard time wrapping my head around your reasoning. Maybe you should call the local PD to see how they would feel if you said some negative things about Obama. I'd hate to see them show up and throw you on the ground for exercising your rights, so make sure they are ok with it first. |
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So if the Ocon PD has the same stance on the matter as Flynn (which was all a bunch of bullshit blustering on his part and not actual policy), would you tell your wife not to carry? I'm really having a hard time wrapping my head around your reasoning. Maybe you should call the local PD to see how they would feel if you said some negative things about Obama. I'd hate to see them show up and throw you on the ground for exercising your rights, so make sure they are ok with it first. First, it may be difficult to wrap you head around or understand, but to clarify, I was never talking about what I personally would do. I was offering advice to someone who appears to not know the OC laws, rights or responsibilities himself, much less passing that advice along to his wife / relative who most likely does not know themselves either. To clarify further, If it were me I would feel no need to call to get clarification from the LEO's as I know the laws and my rights. I also wouldn't have a problem dealing with LEO's if a situation or call arose where they approached me. However, it sounds as if he may not and it definitely sounds as if his wife does not know the laws. The recommendation I made was more to get her informed, not to see if she could do it (because she can). Furthermore, I wouldn't recommend anyone carrying a weapon (lawfully or not) unless they have at least some basic level of training or previous experience in handling a handgun. Yes, carrying a weapon is a right, but it also carries great responsibility of knowing how to carry it, where allowed and when and how to use it if necessary. As a side bar, throwing in the "call to find out what they say about a picnic or Obama" serves no purpose other than trolling and I prefer not getting drawn into that type childish bantering. I gave my advice and others have given theirs. The OP can decide who he wishes to follow. Have a good weekend |
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I think we are on the same track here... what ns8013 and myself are trying to say is that when you call LEO they can tell you whatever they want, they don't have to tell you the truth, just like Chief Flynn did when he stated people would be put to the ground. Several people are carrying around Milwaukee and nothing of the sort has happened, he was just trying to discourage people who might have been on the fence from carrying.
Don't call the local LEO, read the laws on your own, and know where you can carry. There is plenty of information here and on www.opencarry.org that a call to local LEO isn't required. |
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So if the Ocon PD has the same stance on the matter as Flynn (which was all a bunch of bullshit blustering on his part and not actual policy), would you tell your wife not to carry? I'm really having a hard time wrapping my head around your reasoning. Maybe you should call the local PD to see how they would feel if you said some negative things about Obama. I'd hate to see them show up and throw you on the ground for exercising your rights, so make sure they are ok with it first. First, it may be difficult to wrap you head around or understand, but to clarify, I was never talking about what I personally would do. I was offering advice to someone who appears to not know the OC laws, rights or responsibilities himself, much less passing that advice along to his wife / relative who most likely does not know themselves either. To clarify further, If it were me I would feel no need to call to get clarification from the LEO's as I know the laws and my rights. I also wouldn't have a problem dealing with LEO's if a situation or call arose where they approached me. However, it sounds as if he may not and it definitely sounds as if his wife does not know the laws. The recommendation I made was more to get her informed, not to see if she could do it (because she can). Furthermore, I wouldn't recommend anyone carrying a weapon (lawfully or not) unless they have at least some basic level of training or previous experience in handling a handgun. Yes, carrying a weapon is a right, but it also carries great responsibility of knowing how to carry it, where allowed and when and how to use it if necessary. As a side bar, throwing in the "call to find out what they say about a picnic or Obama" serves no purpose other than trolling and I prefer not getting drawn into that type childish bantering. I gave my advice and others have given theirs. The OP can decide who he wishes to follow. Have a good weekend You really need to look at what you wrote in your first 2 posts, and what you're now trying to say was the "advice" you meant to give to the OP. They are 2 completely different things. I'm about as far from a troll as you're going to find, so nice try there. You very clearly said they should call the local PD and see what their feelings are on OC, and I'm saying nobody should ever call or care about how their PD feels about them exercising their rights and following the law FOR ANYTHING, not just OC or things firearm related. It's pretty cut and dry to me. |