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The Interplay Between Concealed and Open Carry

apjonas

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Let us make the assumption that WI institutes a right to conceal carry via permit in the next two years. Does this impact open carry in any way? For instance:

1. If you are a WI permit holder, does that exempt you from the federal GFSZ for OC as well?
2. Assuming further that the new law has an exemption from the state GFSZ for permit holders, does it extend to OC as well as CC? Suppose that the statute doesn't explicitly differentiate.
3. If the permit does not differentiate between OC and CC, what other "benefits" can derive from the new law to OC? The possibilities so far:

i - GFSZ carry
ii - reciprocal/recognition carry in some states
iii - NICS exemption
 
Joined
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atm wi does not have a law on open carrying

its legality is a negative conclusion of law

more law than shall issue permit ccw will have to be written to affect openly carried weapons

the state may benefit by further limiting the numbers of legally armed citizens beyond prohibiting ccw by unqualified citizens

18usc922(q)(B)(ii) does not differentiate cc from oc by a state licensed person

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990#Effect:
 
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bnhcomputing

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I'm an optimist

I do NOT believe the Republican/Tea party candidate will support LARGER government. WI will go to constitutional carry because we cannot afford anything else!
 

MKEgal

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I don't think your assumptions are valid. I'm optomistic that the new legislators have long enough memories, and mad enough constituents, to do what they promised & what their party platform calls for - constitutional carry.

But for the sake of argument, using your parameters...
1) yes, you would be exempt from the GFSZ in Wisconsin.

2) unless the hypothetical law is written so as to exclude open carry, yes, OC in a school zone by someone with government permission would be OK.

3) I see no benefits to open carry. Other states which do not prohibit OC would still not prohibit it, and other states which only permit it with a state-issued license would continue. If you register with the government, you would have a wider range of options.


I read through that Wiki article someone posted a link to... Hadn't realized before that only on-duty LEOs are allowed to carry in a school zone. Even with their special nationwide permission to carry concealed, off-duty LEOs are still required to unload & encase in a school zone. There's no exception for them. (And the federal version of the law requires a locked case, but of course the federal law only applies on federal property.)

-
 

Interceptor_Knight

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May 18, 2007
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Green Bay, Wisconsin, USA
Let us make the assumption that WI institutes a right to conceal carry via permit in the next two years. Does this impact open carry in any way? For instance:

1. If you are a WI permit holder, does that exempt you from the federal GFSZ for OC as well?
2. Assuming further that the new law has an exemption from the state GFSZ for permit holders, does it extend to OC as well as CC? Suppose that the statute doesn't explicitly differentiate.
3. If the permit does not differentiate between OC and CC, what other "benefits" can derive from the new law to OC? The possibilities so far:

i - GFSZ carry
ii - reciprocal/recognition carry in some states
iii - NICS exemption

Hopefully it will be a permit to carry and not simply a CCW permit. The previous PPA did not include OC. If the permit is only a Concealed Carry permit then OC would not be exempted from the GFSZ.
 

apjonas

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Additional Thoughts

The right to open carry comes from the WI constitution. The restrictions placed upon it come from state and federal statutes. If those statutes specify an exception to a restriction (licensees ok) then the restriction is limited by that exception. However, it is not unknown for some LEO's to insist that a concealed carry permit, in and of itself, requires concealment (even if the statute doesn't). I was wondering if somebody had considered some safety mechanism in the new law to prevent mischief of that sort.

With regard to the WI GFSZ, there is no (obviously) license exception. Would such not have to be included in a new PPA - for the sake of both OC (by licensees) and CC? Or would that be problematic as a LEO could not determine if a OC in GFSZ was lawful (licensee) or unlawful (unlicensed citizen). We don't want to give them reasonable suspicion on a stick. I am trying to think of other gotchas that may be generated by bad bill drafting. Unlicensed CC is a pipe dream for the near future in WI. The political set up is favorable for CC legislation but many of the supporters will balk at "constitutional" concealed carry or yield to complaints from constituents. Besides they want the money.
 

Passive101

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I think they have waited for to long to ban OC. It is now become so popular and so well known that banning OC is most likely no longer an option as we already have a constitutional right to OC.

Even the leftist media is still pro constitutional rights for the most part from what I have seen.

I could be wrong though :)
 

protias

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I hope there is no law allowing us to CCW, I hope the current law is rescinded.
 

Tweety

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In my pick up truck
Hopefully it will be a permit to carry and not simply a CCW permit. The previous PPA did not include OC. If the permit is only a Concealed Carry permit then OC would not be exempted from the GFSZ.

Your advocating permitted OC?
I do not agree with that at all. I think we should be able to carry any way we wish non permitted. They need to change the GFSZ law to say no guns on school in a school building. I do not think we need anything more than that because quite frankly, criminals won't abide by those laws either.
 

Crassus

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why?
Your advocating permitted OC?
I do not agree with that at all. I think we should be able to carry any way we wish non permitted. They need to change the GFSZ law to say no guns on school in a school building. I do not think we need anything more than that because quite frankly, criminals won't abide by those laws either.

Sounds like that is what he is advocating to me as well. Don't even give them the idea of permitting OC.
 

Brass Magnet

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Apr 23, 2009
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Right Behind You!, Wisconsin, USA
Your advocating permitted OC?
I do not agree with that at all. I think we should be able to carry any way we wish non permitted. They need to change the GFSZ law to say no guns on school in a school building. I do not think we need anything more than that because quite frankly, criminals won't abide by those laws either.

Some other states just put language in that says something along the lines of "Anyone who is otherwise able to posess a firearm in this state is considered permitted by the state to carry in accordance with the federal GFSZ"

I can't remember which state(s) have that language. I want to say it was one of the western states. I'll keep looking and see if I can find it.

In any case, some people disagreed on whether that met the requriments of the federal GFSZ. I believe it does and believe we should push for similar language if we can pass Constiutional Carry.
 
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