Posted: 4/26/2010 12:22:20 PM EDT
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Hello all, I'm looking to move into either WI (most likely, around Platteville) or IA for my new job out there. I've read the FAQ and done some research and I just want to make sure my understanding of the laws is up to par. Coming from a state with many laws it's not too hard, but the ability to overlook something is easy (as I've found out).
-All Federal rules followed with no deviations (barrel/OALs, availability of certain firearms, etc.) -DDs are the only NFA item not allowed -CCW banned but OC OK -48-hour wait on handgun purchases only -Can purchase longguns from other contiguous states Let me know if I've got it all 100% or if I'm missing/incorrect on something please. On another note, I've also been looking up FFLs and ranges nearby. I've checked the FFL finder on Auctionarms, so that's taken care of, but I've run a few Google Maps searches for ranges. I only found a few, far away. I was wondering, due to the way Wisconsin is, is it the norm for residents to simply go out into the woods, set up a backstop, and shoot out there provided they're safe about it (not shooting towards property, away from homes, etc.)? |
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I went to school in Platteville. Closest established ranges are the Sportsman's Club in Potosi (IM ––bullseye–– , he can set you up there) or the range at Yellowstone Lake State Park (free). I used to shoot out in some abandoned gravel pits, but the owners have cut way back on that. There is an indoor range in Dubuque (pistol only) but I never went there. If you own land or know someone who does that is the best option. As long as you are outside the city limits I've never had problems blasting away on private property. As you noted, a proper backstop is required. |
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Hello all, I'm looking to move into either WI (most likely, around Platteville) or IA for my new job out there. I've read the FAQ and done some research and I just want to make sure my understanding of the laws is up to par. Coming from a state with many laws it's not too hard, but the ability to overlook something is easy (as I've found out). -All Federal rules followed with no deviations (barrel/OALs, availability of certain firearms, etc.) -DDs are the only NFA item not allowed -CCW banned but OC OK -48-hour wait on handgun purchases only -Can purchase longguns from other contiguous states Let me know if I've got it all 100% or if I'm missing/incorrect on something please. On another note, I've also been looking up FFLs and ranges nearby. I've checked the FFL finder on Auctionarms, so that's taken care of, but I've run a few Google Maps searches for ranges. I only found a few, far away. I was wondering, due to the way Wisconsin is, is it the norm for residents to simply go out into the woods, set up a backstop, and shoot out there provided they're safe about it (not shooting towards property, away from homes, etc.)? DDs are fine. I've got three with a fourth on the way. Looking good otherwise. Mike Distinction Arms, FFL/SOT |
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Two other pointers... 1) NO OC/CCW within 1000' of school 2) read up on the laws concerning transporting firearms... easy to pick up a CCW misdemeanor charge (basically, unloaded, not in reach of occupant in vehicle... fairly murky as to what that means and often falls to prosecutor's discretion) 3) knife laws... again, easy to pick up a CCW. these laws vary by municipalities and CCW charges with knives often hinge on totality of the circumstances... many DA offices use the 3" rule though as an informal, soft measuring stick What else am I missing here guys? |
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Two other pointers... 1) now OC/CCW within 1000' of school 2) read up on the laws concerning transporting firearms... easy to pick up a CCW misdemeanor charge (basically, unloaded, not in reach of occupant in vehicle... fairly murky as to what that means and often falls to prosecutor's discretion) 3) knife laws... again, easy to pick up a CCW. these laws vary by municipalities and CCW charges with knives often hinge on totality of the circumstances... many DA offices use the 3" rule though as an informal, soft measuring stick What else am I missing here guys? I hate being a spelling/typo nazi, because i am horrible myself, but you say 'now' in item #1 which insinuates it is now ok. Pretty sure you meant 'NO OC/CCW within 1000' of school' Also to add to that, it is within 1000' of a school zone. so the 1000' starts at the edge of the school property. Almost impossible to carry in public metropolitan areas. |
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Quoted: Quoted: Two other pointers... 1) now OC/CCW within 1000' of school 2) read up on the laws concerning transporting firearms... easy to pick up a CCW misdemeanor charge (basically, unloaded, not in reach of occupant in vehicle... fairly murky as to what that means and often falls to prosecutor's discretion) 3) knife laws... again, easy to pick up a CCW. these laws vary by municipalities and CCW charges with knives often hinge on totality of the circumstances... many DA offices use the 3" rule though as an informal, soft measuring stick What else am I missing here guys? I hate being a spelling/typo nazi, because i am horrible myself, but you say 'now' in item #1 which insinuates it is now ok. Pretty sure you meant 'NO OC/CCW within 1000' of school' Also to add to that, it is within 1000' of a school zone. so the 1000' starts at the edge of the school property. Almost impossible to carry in public metropolitan areas. Fixed! Good catch... (paging sprayandpray) Yeah, the 1000' rule basically blocks a lot of the carry options in city areas. |
| The school zone law does not apply on public property; there is no case law identifying easements and right-of-ways as "public" under this law, so sidewalkcarry in such areas is ambiguous at this point. Also, this law would most likely not pass constitutional muster, but you need to get, at the least, arrested for it (felony) before you can have standing to sue, or be charged to get it settled in the criminal courts. Fun! |
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The 1000' zone is also Federal law and applies everywhere you go, with some states allowing some exceptions. Dumb, but yeah, I know that one already. And it only applies to K-12 schools, preschools and colleges don't count (many colleges have rules or laws banning them on campus, but I doubt I'll be on one anyways). As someone who's been following OC very carefully in CA, I know many of the pitfalls and how to be careful.
I did not know DDs were allowed...those were next on my 'potentials' NFA list after a SBS and suppressor. RickFinsta, love the avatar. I had a bunch of those blown up and printed out at Kinko's. 
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The 1000' zone is also Federal law and applies everywhere you go, with some states allowing some exceptions. Dumb, but yeah, I know that one already. And it only applies to K-12 schools, preschools and colleges don't count (many colleges have rules or laws banning them on campus, but I doubt I'll be on one anyways). As someone who's been following OC very carefully in CA, I know many of the pitfalls and how to be careful. I did not know DDs were allowed...those were next on my 'potentials' NFA list after a SBS and suppressor. RickFinsta, love the avatar. I had a bunch of those blown up and printed out at Kinko's. Yup. WI is actually the only totally NFA OK state in the midwest. Every other state has some weird rule or reg involving NFA. (I guess we do technically, but it's never been enforced...) Mike |
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Quoted: The school zone law does not apply on public property; there is no case law identifying easements and right-of-ways as "public" under this law, so sidewalkcarry in such areas is ambiguous at this point. Also, this law would most likely not pass constitutional muster, but you need to get, at the least, arrested for it (felony) before you can have standing to sue, or be charged to get it settled in the criminal courts. Fun! While I cannot speak with certainty to the first point about sidewalks (I'm reasonably sure that is incorrect, but won't stick my neck out on it just now) I can say that while I do not have access at this very moment to my fun case law toys, that I have stumbled across constitutional challenges to the 1000' zone while looking at some CCW cases and courts have upheld it as constitutional. |
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The federal school zone law has never been applied since it was redone after US v. Lopez, as far as I know. Good ol' Herbie Kohl rewrote it...
The cool thing about the avatar is the production company for the movie District 9 actually released PDF targets for free. I thought it was a cool nod to the shooting community. Someone actually made a vector drawing of it, too, so it is infinitely resizeable without loss of quality. I take these to the range b/c of the stupid "no human silhouette targets" rule. This one clearly says "non-human target..."
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it's not the free-est state, but it's not bad at all. I think this sums it up nicely. I just wish we had a good CCW law. Give it time. CCW, uncased and loaded in vehicles, castle doctrine, etc. We've got our work cut out, but we've already got a good foundation to work off of. |
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Er you mention castle doctrine? There is no castle doctrine statute in WI code? Hell.
And yeah, Iowa is weird. They're one of 6 states that is may-issue for CCW (gives you a right to OC, but most sheriffs say that if you do so they'll revoke your permit). NFA is banned. Permit to purchase handguns (shall-issue). |
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Er you mention castle doctrine? There is no castle doctrine statute in WI code? Hell. And yeah, Iowa is weird. They're one of 6 states that is may-issue for CCW (gives you a right to OC, but most sheriffs say that if you do so they'll revoke your permit). NFA is banned. Permit to purchase handguns (shall-issue). I know you were talking about Iowa, but I wanted to note that we don't have to get any sort of permit to purchase here. |
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I know you were talking about Iowa, but I wanted to note that we don't have to get any sort of permit to purchase here. Yep, I know this. ;) Going to be doing IT work in Dubuque. For a big company, so big the word "International" is part of their name. I have no family nearby, however. Closest family would be down south in Texas (an uncle IIRC) or in North Carolina, where an aunt lives. |
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Hello all, I'm looking to move into either WI (most likely, around Platteville) or IA for my new job out there. What? You forgot to list IL as an option. 
Dubuque is a good town for the most part. If you are using gun rights as criteria to relocate, I'd probably go with WI. Not a big fan of IA's stance where counties with big cities seem to not allow CCW. I believe a loaded magazine is considered a loaded firearm (could be wrong, but tha't what I was told). The "permit" to buy pistols sounds like a pain, but I've only bought long guns there. No NFA. WI doesn't hve ccw yet, but seems to be getting closer all of the time. You probably have more NFA options than you'll be able to afford in WI. IL, well, no ccw, no NFA, ruled by Chicago. |
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neonarien - that was supposed to say PRIVATE property is exempted, mea culpa. So my point is there is no case law in WI defining easements and right-of-ways as public or private in this situation. If there was, I can only assume it would be in the annotation for the statute?
My statement on the constitutionality of the law was also a bit obtuse; I'm talking about the federal law that was struck down in Lopez, then rewritten to say " this is constitutional," and left at that. I know of no prosecutions under the new federal law. I do not know the status of challenges to the WI analog, but I don't see how it could possibly hold up to a good challenge (when I say good challenge I am certainly not talking about the recent suit down in Racine!). The problem is someone needs to be arressted under the school zone law to have standing to sue, and I'm not going to gamble on a felony conviction, I don't know about others! In the meantime, I don't mean to cloud the issue. My advice would be to avoid sidewalks in school zones, even if privately owned. |
| Now I've got a weird bit I've been trying to find an answer for. I have a friend out there who's a gunny, but he's under a BS restraining order imposed by a psycho ex which, of course, prevents him from owning guns. He's a good guy, head on straight, no danger to himself or others. Now since I do own firearms and am not legally prohibited from owning them in any state IIRC, is it possible for me to take him to a range and let him shoot my firearms? I know the laws say "cannot own", but what about "cannot operate"? |
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Now I've got a weird bit I've been trying to find an answer for. I have a friend out there who's a gunny, but he's under a BS restraining order imposed by a psycho ex which, of course, prevents him from owning guns. He's a good guy, head on straight, no danger to himself or others. Now since I do own firearms and am not legally prohibited from owning them in any state IIRC, is it possible for me to take him to a range and let him shoot my firearms? I know the laws say "cannot own", but what about "cannot operate"? No go. 
The law is about POSSESSION. That covers ownership, loaned firearms from anybody, etc. Mike |
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neonarien - that was supposed to say PRIVATE property is exempted, mea culpa. So my point is there is no case law in WI defining easements and right-of-ways as public or private in this situation. If there was, I can only assume it would be in the annotation for the statute? In the meantime, I don't mean to cloud the issue. My advice would be to avoid sidewalks in school zones, even if privately owned. You would be hard pressed to find any lawyer who is willing to take the position that a public right of way (sidewalk and the planting strip between the sidewalk and road) is private property. By definition they are not. I have had several conversations with various lawyers in addition to the GB city attorneys' office. I am willing to bet that you can find a DA out there willing to charge you if you are cited because you were standing within 5' of the street and there is no sidewalk. 
The only prudent advice is to absolutely avoid sidewalks and planting strips. |