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

LocknLoad18

New member
Joined
Oct 10, 2012
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2
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United States
18 and worried

So I just turned 18 and I know that you guys have probably been asked this question a million times, and I read through the top post but i just want to hear it. I am worried about being illegal when I carry my firearm. I did not purchase the pistol but it was gifted to me by my dad, so my question is if i dont have a permit (i have taken classes and know how to properly use/not use it) am i still allowed to open carry it (depending on my city ordinances)?
 

paul@paul-fisher.com

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May 24, 2009
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4,049
Location
Chandler, AZ
So I just turned 18 and I know that you guys have probably been asked this question a million times, and I read through the top post but i just want to hear it. I am worried about being illegal when I carry my firearm. I did not purchase the pistol but it was gifted to me by my dad, so my question is if i dont have a permit (i have taken classes and know how to properly use/not use it) am i still allowed to open carry it (depending on my city ordinances)?

You are allowed to OC anywhere that state or Federal law doesn't prohibit.

So, you can't OC in a state building, in a state park (until after 1/1/13), in a bar unless you have the owners permission.

It doesn't matter what your city ordinances say. If they are more restrictive than the state ones, they are unenforceable.
 
Last edited:

LocknLoad18

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Oct 10, 2012
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United States
You are allowed to OC anywhere that state or Federal law doesn't prohibit.

So, you can't OC in a state building, in a state park (until after 1/1/13), in a bar unless you have the owners permission.

It doesn't matter what your city ordinances say. If they are more restrictive than the state ones, they are unenforceable.
And when I open carry am I allowed to carry loaded with one in the chamber? Or do i have to carry unloaded?
 

andrew556

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Joined
Dec 15, 2012
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Location
United States
OC Questions

Hi all,
I have done a lot of research on open carry in Wisconsin and still have a few fuzzy questions before I do carry. I am recently 18 and I was gifted a handgun about two weeks ago. I'd like to open carry, but here are my issues:
Can I open carry the handgun?
Whats the legality of it?
Any non-OC places?
Any permits/legal stuff needed to OC?
And also, what do you guys know about private handgun sales? I called Fletchers in Waukesha, and the guy there said 21 for all handgun purchases; FFL or private. :banghead: That contradicts what I've read online (DOJ documents and forums like this). Any input/help greatly appreciated.
Thanks!
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,295
Location
SE, WI
Hi all,
I have done a lot of research on open carry in Wisconsin and still have a few fuzzy questions before I do carry. I am recently 18 and I was gifted a handgun about two weeks ago. I'd like to open carry, but here are my issues:
Can I open carry the handgun?
Whats the legality of it?
Any non-OC places?
Any permits/legal stuff needed to OC?
And also, what do you guys know about private handgun sales? I called Fletchers in Waukesha, and the guy there said 21 for all handgun purchases; FFL or private. :banghead: That contradicts what I've read online (DOJ documents and forums like this). Any input/help greatly appreciated.
Thanks!
1) Yes
2) Perfectly legal
3) Same as no CC places. If you don't have a CCL (which you won't as you aren't the magical age of 21), no government buildings (including bathrooms at your local park), can't carry in places that serve alcohol, 1000' GFSZ, state parks (which I think this restriction is being removed in '13, but not 100% certainly on the exact date)..
4) No
5) 18 to purchase a rifle from a FFL, 21 to purchase a handgun from a FFL. 18 to purchase handgun or long gun from private sale. Do you know who you talked to at Fletchers?
 
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Interceptor_Knight

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Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
1) Yes
18 to purchase handgun or long gun from private sale.
14 years of age to purchase a shotgun or rifle private sale with a Hunter Safety Certificate, 16 years of age without. 18 to posses a handgun in any manner except for formal training or shooting at a range with parent/guardian. You not even hunt with a handgun until you are 18.

state parks (which I think this restriction is being removed in '13, but not 100% certainly on the exact date)..
January 1st it was lifted.
 
Last edited:

Bradley

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Joined
Jan 30, 2013
Messages
86
Location
Mount Badon
14 years of age to purchase a shotgun or rifle private sale with a Hunter Safety Certificate, 16 years of age without. 18 to posses a handgun in any manner except for formal training or shooting at a range with parent/guardian. You not even hunt with a handgun until you are 18.



January 1st it was lifted.
Thanx for the correct information.
 

NoTolerance

Regular Member
Joined
Mar 11, 2012
Messages
292
Location
Milwaukee, WI
14 years of age to purchase a shotgun or rifle private sale with a Hunter Safety Certificate, 16 years of age without. 18 to posses a handgun in any manner except for formal training or shooting at a range with parent/guardian. You not even hunt with a handgun until you are 18.
Not that I doubt your credibility, but a link to a cite would be appropriate here.
 

Interceptor_Knight

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May 18, 2007
Messages
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Location
Green Bay, Wisconsin, USA
Not that I doubt your credibility, but a link to a cite would be appropriate here.
Here is the applicable text with the long gun exceptions....

29.304  Restrictions on hunting and use of firearms by persons under 16 years of age.
(3) PERSONS 14 TO 16 YEARS OF AGE.
(b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian;
2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or
3. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.

948.60  Possession of a dangerous weapon by a person under 18.
(1) In this section, "dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
(2) 
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593.
.
.
.
https://docs.legis.wisconsin.gov/statutes/prefaces/toc
 

gurg30

Regular Member
Joined
Apr 12, 2013
Messages
19
Location
Wisconsin
Lots of good info here! I'm 20 and I've been trying to learn as much as I can about open carry before I go ahead and do it. This thread has helped greatly! Thanks!
 

MKEgal

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Jan 8, 2010
Messages
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Location
in front of my computer, WI
Interceptor_Knight said:
14 years of age to purchase a shotgun or rifle private sale with a Hunter Safety Certificate, 16 years of age without. 18 to posses a handgun in any manner except for formal training or shooting at a range with parent/guardian.
The statute you quoted talks about at what age minors may be in possession of firearms for hunting.
It says nothing about purchase or ownership, and I can't find anything in WI law about age to purchase, so it has to match federal law.
Here's where I'm searching the WI statutes. http://legis.wisconsin.gov/RSB/STATS.HTML
Here's the federal law: http://www.law.cornell.edu/uscode/text/18/922
18USC922(b)
It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age
I've never noticed this before...
Reading through 18USC922, I don't see anywhere that says a non-FFL is prohibited from giving or selling a gun to a minor.
Can anyone find a federal restriction on selling or giving to a minor??
 

Interceptor_Knight

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Green Bay, Wisconsin, USA
Both Federal and WI law do not say when they can, it says when they can't. Possession in WI by a 14 year old with hunter safety is not confined to hunting, therefore they are not otherwise prohibited from possessing/owning. Federal law is silent on transfer of a long gun between private parties altogether regardless of age.

29.304  Restrictions on hunting and use of firearms by persons under 16 years of age.
(3) Persons 14 to 16 years of age.

(b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian;
2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or
3. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.
 
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MKEgal

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in front of my computer, WI
OK, answered my own question. Finally managed the correct search-fu phrases.
WI 948.60 discusses possession of a dangerous weapon by a minor
http://docs.legis.wi.gov/statutes/statutes/948/60

(2)(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

(2)(b) [unless the minor shoots & kills someone], any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.

exceptions:
- target practice or a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult
- member of the armed forces or national guard
- hunting (see 29.304 & 29.593)

Federal law has exceptions for farming/ranching, but as with licensees & the "GF"SZ law, WI leaves that out.
 

gurg30

Regular Member
Joined
Apr 12, 2013
Messages
19
Location
Wisconsin
Hey quick question. I apologize if this was mentioned in the original post, but I haven't had time to do a complete read through.

Is it legal to OC a large knife, say, a bowie for example?
 

protias

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Joined
Dec 18, 2008
Messages
7,295
Location
SE, WI
Hey quick question. I apologize if this was mentioned in the original post, but I haven't had time to do a complete read through.

Is it legal to OC a large knife, say, a bowie for example?
Depends on the city really. Some cities have blade length laws and others do not. However, if you have a CCL, then yes, you can carry a large knife.
 

gurg30

Regular Member
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Apr 12, 2013
Messages
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Location
Wisconsin
Unfortunately, I won't be able to get a CCL until about 5 months from now

As far as I understand Milwaukee has a city ordinance that says knives must be under 3 inches. This is the only one I am aware of though, are there others?
 
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