View Full Version : can anyone help clarify a wisconsin gun law?
09-16-2005, 04:54 PM
hoping someone can help me understand a strange wisconsin gun law:
"State law does not prohibit the open carrying of a firearm, but a person should exercise caution when carrying a firearm in public."
what does this mean? i know concealed weapons are illegal, but it seems that it is legal to walk down the street with a loaded weapon if it is plain sight!?! is there some other law that basically overrides this (ie, nuisance or disturbing the peace)?
btw, i know there is a THE CONSTITUTIONAL & RKBA FORUM but i felt this was less of a ccw question and more of a informational question.
any help is greatly appreciated (not that i intend to walk down the street carrying...just want to know if it is legal...which seems preposterous considering current state of ccw in wisconsin).
09-16-2005, 05:58 PM
I don't know the specifics of Wisc. law, but several states allow "open carry" without a permit. That means, the weapon HAS to be visible, if you want to conceal it, you need a permit. If I were you, I'd call a lawyer that specializes in firearms law.
09-16-2005, 06:15 PM
Welcome to TFF Confused !!!! :)
09-16-2005, 06:27 PM
the weapon HAS to be visible
that's precisely what the law says, i just can't see how that's permitted...in the sense that if a person were to walk down the street armed, i have no doubt that he/she would be arrested immediately.
can anyone see a scenario in which that would be allowed (in a state where ccw is not allowed)?
09-16-2005, 07:13 PM
It's actually not uncommon at all in many western states, the lesser liberal-populated areas anyway. The only thing you need a permit for in most states is to carry a weapon where it can not be readily seen (concealed), not per se permission to carry the weapon itself. Keep in mind though that "concealed" can mean just about anything. If you stuff the hog into your waistband with the handle poking out, it is still partially concealed and your liable to get locked up.
09-16-2005, 07:35 PM
Here's some more info for ya and a link.
Carrying without a Permit/License
Date updated: Jul 29, 2005 @ 1:05 am
Open Carry is legal but you will attract the attention of every police officer in the area. As opposed to the southern states Open Carry is prohibited in cars but OK on the body! Here are the limits:
941.235 You cannot open carry in a government building.
941.237 You cannot open carry a LOADED FIREARM in a place that sells liquor.
167.31(2)(a) Due to hunting regulations you can not open carry a loaded firearm in a car with motor running.
167.31(3)(a) In an airplane. The chamber must be empty and the magazine out or empty itself.
Wisconsin Statute 941.291 covers the possession and use of body armor.
Electric Weapons laws are found in Chapter 941.295.
09-17-2005, 01:15 PM
but you will attract the attention of every police officer in the area
And you may be hit with public nuisance or public disturbance charges, depending on the attitude of the officers.
09-17-2005, 08:45 PM
Welcome to TFF Confused !!!! :)
Welcome, I am glad you met glockNUT.
06-06-2006, 09:16 PM
sorry to revive an old thread...but here's something to consider.
in wisconsin, there's another provision that supercedes the concept of "open carry":
It is unlawful to possess a firearm in, on, or within 1,000 feet from the grounds of a school (school zone). Exempt are private property not part of school grounds, school security guards, law enforcement officers, use in a program approved by the school, unloaded and in a locked container or in a locked firearm rack that is on a motor vehicle, and unloaded and possessed while traversing school ground for the purpose of gaining access to lands open to hunting if the entry on school grounds is authorized by school authorities.
if you think about it...if you decided to open carry in any city, you're going to be within 1000 feet of a school zone anywhere you go. i looked at a map of the schools in miwaukee and its very hard to get from point A to point B without passing within 1/5 mi. of a school (and I suppose that would include day cares, private schools, churches, and etc.).
here's the most important part: you'll be guilty of a Class I Felony!!! (see 948.605 (2) at http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=63466269&infobase=stats.nfo&j1=948.605&jump=948.605&softpage=Browse_Frame_Pg)
just a thought for anyone considering an open carry march or or testing the system...you may lose your right to carry forever (even when they pass ccw in wisconsin) if you're convicted of a felony (i think i have that right...or would a class I felon be allowed to own a gun?).
06-06-2006, 09:45 PM
Welcome Confused Here is another thing but I don't know if it applys in Wi. In Ms. You can NOT carry into any place where the consumption of alcohol is the purpose of that said place. NO bars but a pool hall or bowling alley is OK
06-07-2006, 10:56 AM
We have a similar law here in Colorado, Confused. Technically, it is legal to carry a firearm openly under most circumstances, but in reality, one is very likely to get nailed for "disturbing the peace," "menacing," or some similar BS charge if the weapon is carried in a populated area like a city. It largely depends on the cop and his attitude, and whether some nervous nellie complained. CCWs are not difficult to obtain here, so one is much better off going that route rather than depending on the "open carry" provisions of the state constitution.
06-07-2006, 09:53 PM
Kansas has the same "ambiguous" law on the books. Pretty much no city is safe to concealed carry. Most smaller towns allow; but, dislike the idea. If it is your home turf you can just about carry an open gun anywhere and not be harrassed.
My best suggestion is to become a reserve sherrif. Law enforcement can break laws at whim and not worry about repercussions from the "Brotherhood".
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