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OC/CC in Wisconsin RIP

apjonas

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Well the final nail has been driven in the coffin of CC in the Badger state. It wasn't foul play - it died from neglect. The moribund WCCA always willing to take your cash didn't even have a new entry on its website since last March and that was about Nebraska.

So now turning to open carry - what can we say? Despite Governor Doyle's flip remarks, OC for the most part will be squashed if attempted by individuals. I thought an open carry campaign a la Ohio would work or perhaps a declaratory judgement but I haven't seen a Wisconsin resident step forward to take the plunge. I suppose one of us visitors could do it but I don't think it would have the same horsepower and would certainly be more complicated.

Anyway, take a few moments to say farewell to WI carry of any sort. It came close on more than one occasion but there just wasn't the fire in the belly movement that places like Minnesota and Kansas had.
 

lockman

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Won't stop me from OC up in Vilas county.

Party label aside, did the legislature increase or decrease its 2A freindly numbers?
 

ilbob

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Mike wrote:
The best thing WI folks can do for now is to exercise their right to carry openly on foot on an individual basis during normal activities.
as a practical matter, if one were to do this, the route would need to be carefully mapped out to avoid approaching a school zone. I doubt such a walk would constitute anything approaching "normal".
 

lockman

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948.605(2)(a)
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.


The school zone exemption as applies to OC requires a permit issued by the state or any local subdivision (Which nothing is in place to do so). Otherwise must be cased and unloaded. The zone is 1000'.

To violate the statute one must know or have reasonably known he was in a school zone.

The language is almost a carbon of the federal law but has been altered to accommodate the state.
 

hirundo82

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Yes, but 1000 feet is a long ways, especially when in an area where other buildings are in the way.

On the other hand, if the person is a resident of the town, I would think it wouldn't be difficult to prove in court that the person reasonably should have known he was within 1000 feet of a school.
 

ilbob

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hirundo82 wrote:
Yes, but 1000 feet is a long ways, especially when in an area where other buildings are in the way.

On the other hand, if the person is a resident of the town, I would think it wouldn't be difficult to prove in court that the person reasonably should have known he was within 1000 feet of a school.
1000 is roughly 2 blocks.
 

DKSuddeth

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ilbob wrote:
hirundo82 wrote:
Yes, but 1000 feet is a long ways, especially when in an area where other buildings are in the way.

On the other hand, if the person is a resident of the town, I would think it wouldn't be difficult to prove in court that the person reasonably should have known he was within 1000 feet of a school.
1000 is roughly 2 blocks.


not sure how long a block is anymore in IL, but 300 feet is a football field, thats about 1 block, maybe a bit longer.
 

lockman

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This would be a good one to throw at the new Attorney General and get a good feel what the states stands on this position is. After all, the current governor stated that he does not want CC so if you must carry a gun carry it openly. Being the former state attorney general I am sure he new the legality of his suggestion.
 

Shotgun

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I live in Madison and Doyle's re-election will not stop me from OC. If anything, it providesall the more motivation to open carry. I am hoping the new Attorney General, who is an NRA member and on record supporting concealed carry, will put an end to any misguided persecution (and prosecution!)of people who OC.

As for so-called "school zones," one can easily be within 1000 feet of a school and not be aware of it. I am going to visit every school that's anywhere near where I will open carry with my GPS and save the location in it's memory. If stopped while open carrying I will have proof that I am well outside the "zone."

Fortunately, as I've posted before, there is NO school anywhere close to downtown Madison. (Except the University of Wisconsin and Madison Area Technical College, and they don't qualify as "school zones.") I have long felt that the best political pressure we can put on to pass CC in Wisconsin is by practicing OC. The 'established' CC movement has not agreed with that, but their methods haven't worked.
 

Shotgun

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I might add, I was contacted a few days ago by someone from the Milwaukee area who has a group of individuals interested in participating in Open Carry Walks in the Madison area. It will happen.

Unfortunately OC weather is drawing to a close in WI.... except for those withlong guns..... :p
 

Mike

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ilbob wrote:
It is pretty hard to argue one cannot see a school.

So at the point at which you "should have known" that the school was there, you presumably can made a good faith effort to turn around and cease the violation.

The "should have known" requirement is a requirement to prosecute - the jury will see evidence of you path, and see that when you turned the corner and the school was obviously "there," you were already within 1,000 feet.
 

Mike

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Shotgun wrote:
I might add, I was contacted a few days ago by someone from the Milwaukee area who has a group of individuals interested in participating in Open Carry Walks in the Madison area. It will happen.

Unfortunately OC weather is drawing to a close in WI.... except for those withlong guns..... :p
Except in a mall, hotel,or shopping venter where they have heat.
 

Mike

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Shotgun wrote:
I live in Madison and Doyle's re-election will not stop me from OC. If anything, it providesall the more motivation to open carry. I am hoping the new Attorney General, who is an NRA member and on record supporting concealed carry, will put an end to any misguided persecution (and prosecution!)of people who OC.
What "prosecutions" for open carry on foot? I think this be a myth unless somebody has an authority to show for this.
 

Mike

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hirundo82 wrote:
if the person is a resident of the town, I would think it wouldn't be difficult to prove in court that the person reasonably should have known he was within 1000 feet of a school.

And ther contrary is that a resident of a town ought to be able to plan his route with confidence that he is not violating the state school zone.

Presumably one could transport an unloaded handgungun in a locked trunk thru these zones to freedom of movement areas, yes?
 

Mike

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Everybody in Wisconsin ought to carry this warrant from the Governor to present to anybody who questions there open carry legality:

"If you want to carry a gun in Wisconsin, wear it on your hip," [highlight= #ffff88]Doyle[/highlight] said, patting his hip. (see http://tinyurl.com/y7r3dt).

Folks might want to print this whole article ASAP - the originial article is no longer posted on the newspaper's web site...
 
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