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

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,295
Location
SE, WI
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?
http://www.bladeforums.com/forums/showthread.php/874396-Wisconsin-Knife-Laws

http://knife-expert.com/wi.txt

http://www.defensivecarry.com/forum/defensive-knives-other-weapons/147046-knife-laws-wisconsin.html

There are other cities, but I don't think anyone has taken the time to research them all since knives are not covered under state preemption, so you'll have to research every single city you go to.
 

gurg30

Regular Member
Joined
Apr 12, 2013
Messages
19
Location
Wisconsin
Darn. Maybe I'll wait for the CCL and just OC my sidearm. Thank you for the links and info!
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
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.
Glove box (or console) locked or otherwise is still considered within your reach (Fry) and therefore would be considered concealed. You are better off bringing a case with. Unloaded and in a case is not considered concealed by court comments (Walls) and by the WI DOJ. Even though 167.31 no longer requires a handgun to be unloaded or encased, 948.605 DOES still require that you carry in such a manner when in an area with schools.

For instance, in State v. Walls, 190 Wis. 2d 65 (Ct. App. 1994), the Court of Appeals recognized that the placement, possession, or transportation of unloaded and encased firearms in vehicles as permitted by § 167.31 (2) (b), Stats., does not constitute going armed with a concealed weapon.
2] We are mindful "that there is a long tradition of widespread lawful gun ownership by private individuals in this country." Staples v. United States, 114 S. Ct. 1793, 1799 (1994). Thus, our conclusion in this case in no way limits the lawful placement, possession, or transportation of, unloaded (or unstruing) and encased firearms, bows, or crossbows in vehicle as permitted by § 167.31(2)(b), STATS., which provides in part:

(b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
http://legis.wisconsin.gov/lc/publications/im/im2011_10.pdf
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
You should have seen the dance we always had to do to get in and out of the car before Act 35...
Perhaps we didn't really have to go through the extra step of placing it in the trunk like many did. I never did that. I have generally always transported my unloaded encased firearm next to me.
 
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protias

Regular Member
Joined
Dec 18, 2008
Messages
7,295
Location
SE, WI
Dance? Could you elaborate, please?
Every time we got in and out of our vehicle, we'd have to load and unload the firearm from its case. Talk about unnecessary and can be dangerous. Nothing like getting looks when you let that slide go. :rolleyes:
 

gurg30

Regular Member
Joined
Apr 12, 2013
Messages
19
Location
Wisconsin
Every time we got in and out of our vehicle, we'd have to load and unload the firearm from its case. Talk about unnecessary and can be dangerous. Nothing like getting looks when you let that slide go. :rolleyes:
Wow sounds like a huge hassle! So what is the new order for OC in terms of vehicles? I can leave it in the holster?
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,295
Location
SE, WI
Wow sounds like a huge hassle! So what is the new order for OC in terms of vehicles? I can leave it in the holster?
167.31 (loaded handgun in the car) has been amended so car carry is ok, however, some cops still say if they can't see it, then it is a violation of 941.23 (CC). :rolleyes:
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,386
Location
in front of my computer, WI
protias said:
some cops still say if they can't see it while standing anywhere outside the car, then it is a violation of 941.23 (CC).
I'm hoping that's closer to what you meant.

Interceptor_Knight said:
Even though 167.31 no longer requires a handgun to be unloaded or encased, 948.605 DOES still require that you carry in such a manner when in an area with schools.
To be more precise, if you're within 1000' of the edge of a school property, the gun must be unloaded and encased.
Exceptions (these are all "or"):
1) handgun, with carry license
2) on private property

Different rules for being on the property with a functional firearm, which is generally prohibited for citizens.
 
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Interceptor_Knight

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May 18, 2007
Messages
2,856
Location
Green Bay, Wisconsin, USA
To be more precise, if you're within 1000' of the edge of a school property, the gun must be unloaded and encased.
Exceptions (these are all "or"):
1) handgun, with carry license
To be more precise, with a carry license, you are not required to encase a long gun either. Of course you license is never valid in or on the grounds of a school even if you qualify for one of the other exceptions..:)
 

E6chevron

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

jlablanc120

New member
Joined
Nov 21, 2013
Messages
4
Location
colorado
coming home for christmas and slightly confused

Ok, first time here so be gentle. I am a service member who is coming home for Christmas this year this will be the first time home in two and a half years. I currently reside in Colorado which is a very OC friendly state. I want to open carry back home of course I have done much reading to get up to speed on the new laws. The only one that seems hazy to me right now and I know you were all just discussing it, but I need some clarification please. From what I am gathering thru the discussion is that I MAY OC in a car in Wisconsin with no CC lic? I apologize in advance if I missed it somewhere else in this thread. thanks for the help
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
Ok, first time here so be gentle. I am a service member who is coming home for Christmas this year this will be the first time home in two and a half years. I currently reside in Colorado which is a very OC friendly state. I want to open carry back home of course I have done much reading to get up to speed on the new laws. The only one that seems hazy to me right now and I know you were all just discussing it, but I need some clarification please. From what I am gathering thru the discussion is that I MAY OC in a car in Wisconsin with no CC lic? I apologize in advance if I missed it somewhere else in this thread. thanks for the help
Well.... this is a grey area. Technically, you can OC in your car without a license. However, there are some caveats. It has to be view-able from outside the vehicle otherwise it will be considered concealed. Do you have ANY concealed carry licenses from any state?
 

jlablanc120

New member
Joined
Nov 21, 2013
Messages
4
Location
colorado
Well.... this is a grey area. Technically, you can OC in your car without a license. However, there are some caveats. It has to be view-able from outside the vehicle otherwise it will be considered concealed. Do you have ANY concealed carry licenses from any state?
Well here's the short I got here to Colorado last September and deployed in Feb. It takes approximately 90days from the time you turn in your application to get approved and to top that off I only got back stateside 3 weeks ago. So long story short no I have not gotten the permit yet. However as long as it is legal to carry in the car and it only has to be visible. I am just the type of gentleman who has no issue with putting it on the dash of my car and reholstering it when I get out of the car :cool: and of course opinions on that action are always appreciated
 

paul@paul-fisher.com

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Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
Well here's the short I got here to Colorado last September and deployed in Feb. It takes approximately 90days from the time you turn in your application to get approved and to top that off I only got back stateside 3 weeks ago. So long story short no I have not gotten the permit yet. However as long as it is legal to carry in the car and it only has to be visible. I am just the type of gentleman who has no issue with putting it on the dash of my car and reholstering it when I get out of the car :cool: and of course opinions on that action are always appreciated
That would work! The only issue is school zones, 1000' from the edge of school property. The law does say "knowingly" so, just keep saying "I didn't know I was in a school zone".
 
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