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New to Open Carrying (OC) In WI, Here's what you should know

Motofixxer

Regular Member
Joined
May 14, 2010
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969
Location
Somewhere over the Rainbow
I'm going to strongly encourage you to read the statutes. The info listed is only a quick guide. There are links to most of the pertinent statutes as well as all the statutes, and are searchable. The info listed is not to be considered legal advice. Most of the basics are clarified and easily understandable.
Keep in mind, statutes prohibit. If it's not prohibited it's legal to do.
So my recommendation is read the signage statute for firearms and the definition of "weapon". Then see if your questions are answered.
 

carpman15

Regular Member
Joined
Mar 16, 2012
Messages
46
Location
south central wi
with the changes the dnr has made to the laws about casing weapons and weapons being uncased in or on a vehicle i am understanding it as open carry in a car is legal now am i wrong ??? please any help is appreciated also i am new to site and looking to try open carry today while i am waiting for my permit
 

carpman15

Regular Member
Joined
Mar 16, 2012
Messages
46
Location
south central wi
thank you otto that is what i read and just wanted to make sure i read it properly also if i get in my truck with a hip holster - fully in view when standing but would not be in view to a person on the left of me is that considered concealed or do i need to place it some where that you would be able to view it at any angle ??? i dont want to get into a big mess doing it
 

paul@paul-fisher.com

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May 24, 2009
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Chandler, AZ
thank you otto that is what i read and just wanted to make sure i read it properly also if i get in my truck with a hip holster - fully in view when standing but would not be in view to a person on the left of me is that considered concealed or do i need to place it some where that you would be able to view it at any angle ??? i dont want to get into a big mess doing it

To be safe, I would get a CCL. MKEGal is going through the courts as we speak for doing just that. The Milwaukee Police Department is saying that is is concealed.
 

carpman15

Regular Member
Joined
Mar 16, 2012
Messages
46
Location
south central wi
i mailed my ccw permit in a couple of weeks ago just waiting on the goverment to get it back to me i guess i just wanted to try oc and see how people react around here and also get use to carrying around a 1911 i guess if i do i may just empy the chamber and remove the mag and put it on the seat or something until we get to where we are going do you guys think that would be a bad idea ???
 
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paul@paul-fisher.com

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May 24, 2009
Messages
4,049
Location
Chandler, AZ
i mailed my ccw permit in a couple of weeks ago just waiting on the goverment to get it back to me i guess i just wanted to try oc and see how people react around here and also get use to carrying around a 1911 i guess if i do i may just empy the chamber and remove the mag and put it on the seat or something until we get to where we are going
I wouldn't do that either. There is precedent (State v Walls) that says that a firearm on the seat next to you is concealed. Trust me, I am not defending that decision but it is still a standing decision.

Safest bet is to put it in the glove compartment. That is, I believe legal without a CCL.
 

carpman15

Regular Member
Joined
Mar 16, 2012
Messages
46
Location
south central wi
maybe ill just leave it in the case then i guess that would be the most "legal" way of doing it untill i get my card this has been about the longest 2 weeks of my life waiting for that little card to come in the mail grrr just wish it would show up so i can stop worring about all the extra crap and just strap it on and go
 

Motofixxer

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May 14, 2010
Messages
969
Location
Somewhere over the Rainbow
Welcome aboard Carpman, At least your able to have one with you. Many of us followed and did the dance for a long time before the recent changes. Safest bet is in a case. I have read the Madison Memo regarding carry, and it says carrying in a car is ok... So it's really an unknown gamble how the individual officer will react and do.
 

Motofixxer

Regular Member
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May 14, 2010
Messages
969
Location
Somewhere over the Rainbow
Is anyone well acquainted with word type documents and could update the WI Open Carry pamphlet and bring it current? That one's a little over my head but would be great to have an updated one.
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
Might want to have some reference to Federal law:

18USC930 Possession of firearms and dangerous weapons

http://143.231.180.80/view.xhtml?req=granuleid:USC-title18-section930&num=0

Firearms possession in a Federal facility, is prohibited for non-LEO.

The WCI pamphlet does indicate that Wisconsin statutes do specifically prohibit firearms possession in Federal Courthouses.
 
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Motofixxer

Regular Member
Joined
May 14, 2010
Messages
969
Location
Somewhere over the Rainbow
Might want to have some reference to Federal law:
Good suggestion, Added under special requirements. I described buildings and property together, to be safer and keep it simpler since most Federal facilities are listed that way.

So you will want to DL the newest version now to have it most accurate.
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
FYI

I realized that I had not provided the citations for the regulations regarding weapons in a United States Post Office. They are not the same regs as for a Federal Facility (18USC930) as posted above.

The Post Office is covered by 39 CFR 232.1:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=0b8a5258b231c84c46f01f3f03ca43b4&rgn=div8&view=text&node=39:1.0.1.4.21.0.1.1&idno=39
The Code of Federal Regulations, Title 39 Postal Service, Part 232.1 Conduct on postal property.

§ 232.1 Conduct on postal property.
(a) Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property....

(l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
...

(p) Penalties and other law.
_(1) Alleged violations of these rules and regulations are heard, and the penalties prescribed herein are imposed, either in a Federal district court or by a Federal magistrate in accordance with applicable court rules. Questions regarding such rules should be directed to the regional counsel for the region involved.
_(2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to a fine as provided in 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both. Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations or any State and local laws and regulations applicable to any area in which the property is situated.

(q) Enforcement.
_(1) Members of the U.S. Postal Service security force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and shall be responsible for enforcing the regulations in this section in a manner that will protect Postal Service property and persons thereon.
_(2) Local postmasters and installation heads may, pursuant to 40 U.S.C. 1315(d)(3) and with the approval of the chief postal inspector or his designee, enter into agreements with State and local enforcement agencies to insure that these rules and regulations are enforced in a manner that will protect Postal Service property.
_(3) Postal Inspectors, Office of Inspector General Criminal Investigators, and other persons designated by the Chief Postal Inspector may likewise enforce regulations in this section.
This regulation for U.S. post offices does NOT require posting of signage at entrances. It's also against the law to leave the gun in the car in the parking lot of a real post office, because then you are storing a firearm on postal property.

This regulation is only applicable to the portion of the premises under the control of the post office, so that means in post offices in grocery stores only the property behind the postal counter is off limits. You can carry right up to the counter and do your business, because in front of the counter is still grocery store and you can carry in the parking lot which is also grocery store property.

In a mall containing a post office, you can't take your gun into the area behind the entrance that is exclusively post office, because they rent that whole store space. But again, carrying the gun in the mall proper would not violate the post office regulation, nor would the parking lot.

Carrying a handgun into a store such as Fedex Office does not violate the regulation because that store is not real property under the control of the post office. They are simply a retailer who has an agreement with the post office and their customers to deliver mail.
 
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