Open Carry in Madison - Citation

[LIL EVO]

Surprised this hasn't been posted yet.

http://www.madison.com/tct/top5/461607


This is going to stir the pot!!

[Holeshot]

Not surprised by the city of Madison one bit. Fucking cry babies.

[Reverend Cooper]

man i hope this really goes to court i wanna see the federal courts overturn it if it can go that far. it would really help the conceal and carry

[Russ Jerome]

Our NRA leaders are smarter than our WI political leaders, may be a planned action with very good timing. I'd be up for a road trip to support the dude on his court date, can see the NBC nightly news now: "thousands of legaly armed and law abiding Wisconsinites crowd Madisons court house streets in support of the open carry laws"

[That_Guy]

im all about going and supporting this guy..

[MurphysLaw88GT]

Crock of shit.

[Doc Brown]

I'm glad the story at least mentions the memo that the attorneys general wrote as a direct response to a very similar case in West Allis which was also mentioned, where a guy was packing heat on his hip while simply doing yardwork and was arrested for disorderly conduct.

The reason this sort of story is even considered newsworthy is because those championing the liberal agenda have done a masterful job of demonizing the gun, and by extension the gun owner, to a point where normal everyday citizens now view a gun as weapon of evil, and therefore the person carrying it is inherently not to be trusted.

[Rocket Power]

I give the guy credit, he went right to the bee's hive with the poking stick.

[SSLEVO]

I give the guy credit, he went right to the bee's hive with the poking stick.

I've never heard that one before but i like it! I can see the citation standing in the lower courts but i'm pretty sure it will get overturned the higher up it goes. From what i've read a lot of people are open carying in SE WI with out issues.

[Goat Roper]

This will be a good test. He, by all state standards, was doing nothing wrong. This, if it goes well, could clear up this "disorderly conduct" mess for everybody quick.

[MurphysLaw88GT]

This will be a good test. He, by all state standards, was doing nothing wrong. This, if it goes well, could clear up this "disorderly conduct" mess for everybody quick.

While in a perfect world, yes you are correct, and sincerely hope that is the case. However, I imagine this to get exponentially "f"d up by boneheads.

[95 TA - The Beast]

You have to remember he was in a well-populated area (State St.), and if more thna a few people called to complain, it would be considered causing a public disturbance, thus resulting in a disorderly conduct ticket.

It was not like he was in his backyard doing yardwork where no-one else was around liek the case here. It would be like someone walking around downtown Milwaukee during a festival with a sidearm. You should fully expect a ticket in that case. Just because YOU wouldn't mind the "Wild West" to come back in full swing with everyone carrying a gun everywhere, there is a lot of society that don't trust damn near ANYONE else, outside of the police/military, to make proper decisions in regards to the use of a firearm in public.

Again, it comes down to using common sense. But then again, common sense doesn't apply to the gun debate.

[Mr Twigbert]

I'm all for open carry but I, as a family man, really don't want to see a complete stranger walking through the mall w/ a gun on his hip while I have my kids with me.. Sorry, I just don't wanna see it..

Thus, I would much rather C&C..

[Mr Twigbert]

You have to remember he was in a well-populated area (State St.), and if more thna a few people called to complain, it would be considered causing a public disturbance, thus resulting in a disorderly conduct ticket.

It was not like he was in his backyard doing yardwork where no-one else was around liek the case here. It would be like someone walking around downtown Milwaukee during a festival with a sidearm. You should fully expect a ticket in that case. Just because YOU wouldn't mind the "Wild West" to come back in full swing with everyone carrying a gun everywhere, there is a lot of society that don't trust damn near ANYONE else, outside of the police/military, to make proper decisions in regards to the use of a firearm in public.

Again, it comes down to using common sense. But then again, common sense doesn't apply to the gun debate.

Well stated.. I think that is my biggest concern.. TRUSTING someone else.. I'd hate to get cought up in something off duty, pull my duty issued firearm and get smoked by the "Wild West" individual who was just looking for a reason to use his firearm.. And use it for no other reason other than because it was there..

[juicedimpss]

Well stated.. I think that is my biggest concern.. TRUSTING someone else.. I'd hate to get cought up in something off duty, pull my duty issued firearm and get smoked by the "Wild West" individual who was just looking for a reason to use his firearm.. And use it for no other reason other than because it was there..

i think the "people" you speak of in this situation are already ILLEGALLY armed anyways.

[-stew-]

For the record: that pistol picture is teh awesomest wallpaper ever on my phone.

[ND4SPD]

You know, one of our firefighters just got mugged last night while he was out jogging (and this was in Madison!) I seriously think it's getting to be time for conceal carry in this state. A few 18 y/o punks get shot dead for trying to mug someone out walking... maybe the next few think twice about it.

The whole "Wild West" thing hasn't occurred in any of the states with CC legislation. Heck, don't Georgia, Alaska, and New Hampshire have no restrictions at all on CC (meaning you don't even need a permit) and I have yet to hear cops and other CC'ers getting smoked left and right. Not saying it can't or hasn't happened... but the number of incidents must be pretty low.

[Doc Brown]

I would like to see real statistics comparing the crime rates in states/cities with conceal carry legislation, open carry legislation, and places like Washington DC where you are not permitted to carry anything at all. I wonder what the facts would really show.

[LIL EVO]

Here's a good one:

"Fifteen years after DCs ban went into effect in 1977, the murder rate increased 300%. In 2006, police confiscated more than 2600 guns"

[MurphysLaw88GT]

Saw a guy open carrying a Glock in Pewaukee yesterday.

[LIL EVO]

yeah. i saw a guy and girl open carrying in sportland 2. thought it was kinda pointless walking in from their car but whatever lol. she had a pink gun too.

[1320PNY]

When I lived in Colorado I noticed that CC was the great social equalizer. We went Christmas shopping in Denver and with a leather jacket on, nobody approached me for anything. Even the pan handlers don't communicate with you. Everyone just minds their own business and everything is quite civil. It was like the Twilight Zone not getting asked for change or harrassed while shopping in a major city.

[GTSLOW]

The whole "Wild West" thing hasn't occurred in any of the states with CC legislation. Heck, don't Georgia, Alaska, and New Hampshire have no restrictions at all on CC (meaning you don't even need a permit) and I have yet to hear cops and other CC'ers getting smoked left and right. .

Smoked :rolf

[SSLEVO]

Yeah i really think CC is the way to go. For one, the people actually get some training on how to properly handle a gun, two, it doesn't disturb people that aren't comfortable with guns, three, the government gets to make money off of the permits. Seems like a win win to me. :guns1

[pOrk]

Wild West? How many freaking states have legal CC and don't have WILD WEST happening? Gimme a break...

[Goat Roper]

yeah. i saw a guy and girl open carrying in sportland 2. thought it was kinda pointless walking in from their car but whatever lol. she had a pink gun too.

I believe that by state law you cannot be in a vehicle and have the gun loaded, correct?

Not saying thats what they did, just a question.

[Rocket Power]

Wild West? How many freaking states have legal CC and don't have WILD WEST happening? Gimme a break...
48 I believe

[juicedimpss]

Here's a good one:

"Fifteen years after DCs ban went into effect in 1977, the murder rate increased 300%. In 2006, police confiscated more than 2600 guns"

im all for cc as well as open carry,but that figure seems to be completely useless. I mean,how much as population increased since 1977? doesnt seem right to make "facts" like that. I would like to see some comparisions like milwaukee vs another city that is of similar population to compare crime rates,to me that would seem to be better facts to compare.

[LIL EVO]

I believe that by state law you cannot be in a vehicle and have the gun loaded, correct?

Not saying thats what they did, just a question.


The gun has to be secured, unloaded in a case in the trunk and the ammo has to be separate.

Knowing this, I thought it was just pointless for them to go through the trouble just to walk into the store and walk out. Hardcore gun advocates/strong beliefs to go to that extent.

[Inspector13]

Not surprised by the city of Madison one bit. Fucking cry babies.



+6546143643684136081638403642140431036516515616516 487974964851361468



I hate that freaking town sometime. Well most of the time.




I'm all for CC. Not because I am paranoid, and I'd hope that I never have to ever even draw it if I had one. I like the idea of it. Hard thing to explain. Kinda like airbags in your car or a roll cage. It's there, you don't really think about it or worry about it and hope you never need it but if you ever do it is there.

[ND4SPD]

Oh, before you try to exercise your right to open carry... make sure there isn't a school within 1000 feet (good luck finding that in the metro area). That law will have to be repealed before any meaningful CC or open carry legislation can work.

[fivonut]

man i hope this really goes to court i wanna see the federal courts overturn it if it can go that far. it would really help the conceal and carry

I love how stupid these liberal gun haters are. The A.G's memo was a single move in a game of chess. All it's going to take is a few cases like this and Wisconsin is going to find itself next to Vermont as the only state in the union with completely unrestricted concealed carry. The state constitution guarantees us the right to self protection, the A.G. says it's not automatically disorderly conduct to open carry. The stage is set and the dumbass liberals are falling hook line and sinker!!!

[HP ADDICT]

I am all for CC but think open carry is pretty pointless in the situation given. Why the hell do you need to carry a gun in plain sight in a very public place. I own guns and hunt but I really don't want to see every rambo wannabe walking around public places with a loaded firearm on their side. At least with CC laws you need to pass a test etc so that may regulate some of the idiots who are carrying.

[fivonut]

I am all for CC but think open carry is pretty pointless in the situation given. Why the hell do you need to carry a gun in plain sight in a very public place. I own guns and hunt but I really don't want to see every rambo wannabe walking around public places with a loaded firearm on their side. At least with CC laws you need to pass a test etc so that may regulate some of the idiots who are carrying.

It's not about the need to carry, it's about the right to protect your own life in public. Wisconsin does not allow CC, so your only option for self protection in public is to carry openly. Believe me I'd love to conceal and agree there needs to be some training involved in the process, but until the liberal leaders in this state pull their heads out of their asses, I'm going protect my life the only way I legally can.

[HP ADDICT]

I guess I am not putting myself into the areas around here where I feel my life would be in danger walking from my car to my house. You can't carry a loaded weapon in your car and shouldn't need one in the grocery store etc. I run a store and if someone walked in carrying a firearm on their side my assumption would be they are going to attempt a robbery.

[fivonut]

I guess I am not putting myself into the areas around here where I feel my life would be in danger walking from my car to my house. You can't carry a loaded weapon in your car and shouldn't need one in the grocery store etc. I run a store and if someone walked in carrying a firearm on their side my assumption would be they are going to attempt a robbery.

My former boss had a saying that always stuck with me...

"Prepare for the worst, hope for the best."

It's as true in business as it is in life.

[Inspector13]

My former boss had a saying that always stuck with me...

"Prepare for the worst, hope for the best."

It's as true in business as it is in life.


They also drilled that saying into us in the police academy as well.

[Rocket Power]

They also drilled that saying into us in the police academy as well.
My favorite was "If you want Sympathy it is between shit and syphilis in the dictionary.":rolf

[Silver03SRT]

http://www.ci.mil.wi.us/ImageLibrary/Groups/cityFPC/agendas/090604_PD_E.pdf
Looks like city of milwaukee will let you do it without getting a disorderly conduct ticket.

[torque.hit]

I found this most interesting:

And “even when officers have no basis for suspecting a particular individual, they
may generally ask questions of that individual, [and] ask to examine the individual's
identification,” as long as the police do not convey a message that compliance is mandatory.
Florida v. Bostick, 501 U.S. 429, 434-35 (1991). The Fourth Amendment does not prevent
police from making voluntary or consensual contact with persons engaged in constitutionally
protected conduct. See United States v. Mendenhall, 446 U.S. 544, 553-54 (1980). Accordingly,
a law enforcement officer does not violate the Fourth Amendment by approaching an individual
in public and asking questions. Florida v. Royer, 460 U.S. 491, 497 (1983). An officer may
approach and question someone as long as the questions, the circumstances and the officer's
behavior do not convey to the subject that he must comply with the requests.

The person approached need not answer any questions. As long as he or she remains
free to walk away, there has been no intrusion on liberty requiring a particularized and objective
Fourth Amendment justification.

[xwing]

It's hilarious that the liberals and Government are AMAZED and offended whenever a normal, law abiding, NONcriminal decides to do something REAL to DEFEND themselves from the evil people in the world.

We are supposed to be Sheep, just let anyone do anything to us, and call the police AFTERWARD. This country was not founded by sheep, nor defended by sheep. I think it's GREAT that some decide not to keep or understand guns...it's a free country. I think it's GREAT that some decide TO keep and understand guns, and will defend themselves, their property,and their country via their use.

Weird when those who WANT to be sheep, suddenly feel powerful enough to DEMAND that WE be sheep just like them!

Of course, the Democratic party that defends criminals, illegals, promotes freeloaders sucking off the rest of us, makes Government workers essentially royalty via insurance and retirement benefits NOBODY else who works can possibly get, promotes anti-gun legislation, has terrorists and other countries DOCUMENTED to hate the USA promoting their candidates...KEEPS getting voted for. Depressing.
Look to your left and right, and see not just who YOU are, but who you are voting WITH that likes the party you've chosen.

Once more people are in the [freeloader/criminal/hates-USA/Government Dole/Sheep/My Parents Always Voted Democratic] voting block, the slide to socialism and thus FAILURE, is inevitable.
"You mean, if I vote for THIS guy, I won't have to pay ANY income taxes, he'll keep people from defending themselves if I choose to be a robber, if I get shot doing it their Lawyer Buddies will get me rich suing the guy I tried to steal from, if I get caught I will get out early--and he will POLITICALLY give me more free shit HE/his Party steals FOR me from other people? SURE I'll vote for him/his party!!" :chair:

If the country could UNIFY on SOME things, we could be great...one example is Flat Tax.
If EVERYBODY paid the same PERCENTAGE of income, ALL citizens would be unified and helped or hurt as a percentage the same. Billionaires would still have to bend over for millions, a guy making a dollar would pay 15 cents...but all would feel it and be in the same boat. Of course they don't WANT unity, because playing groups off against each other gets the give-away politicians POWER...to tell everybody else what to do.

[LIL EVO]

What part and how so?

[Silver350]

The gun has to be secured, unloaded in a case in the trunk and the ammo has to be separate.

Knowing this, I thought it was just pointless for them to go through the trouble just to walk into the store and walk out. Hardcore gun advocates/strong beliefs to go to that extent.


What is the ruling on a truck where you dont have a secure trunk.

[LIL EVO]

I think the "safe way" is to have it in the trunk, that way there are no questions. The law says that the gun must be unloaded, in a case, with the ammunition secured elsewhere which would apply to a truck.

The reason it must be in a case is because the gun would be considered a concealed weapon if it was loose in the passenger compartment.

[Silver350]

So if I lock my gun case and then lock it in my center console Ill be good as long as the ammo are in the bed?

[LIL EVO]

I'm pretty sure the ammo can be in the passenger compartment. It just can't be in the gun or gun case.

[pOrk]

Scott, ammo in glove box and gun in case under seat or in center console would be just fine.

[Russ Jerome]

Transporting firearms has rules obviously:
http://www.legis.state.wi.us/LRB/pubs/wb/00wb11.pdf

The WDNR role to there own beat, above the law I would keep the ammo away from the drivers compartment. I dont believe they think they are above the law, its just that the ones I have meet dont even know the law or what rights you have. Hard to rationalize with an armed and scared DNR woman as she clench's a 9mm two feet from you!

[fivonut]

Transporting firearms has rules obviously:
http://www.legis.state.wi.us/LRB/pubs/wb/00wb11.pdf

The WDNR role to there own beat, above the law I would keep the ammo away from the drivers compartment. I dont believe they think they are above the law, its just that the ones I have meet dont even know the law or what rights you have. Hard to rationalize with an armed and scared DNR woman as she clench's a 9mm two feet from you!


That release is 9 years old, so some of the info in it is outdated. But, all it says about transportation is that the weapon is unloaded and in a case. It says nothing of where the ammo has to be located.

I've been stopped by the DNR with my rifle in the case and unloaded with 6 rounds in a belt on the stock also in the case. They've never said a word.

[Rocket Power]

Scott, ammo in glove box and gun in case under seat or in center console would be just fine.
I would make it harder to get to, behind the seat in a regular cab or behind/under rear seat in ext cab pickup

[Russ Jerome]

I've been stopped by the DNR with my rifle in the case and unloaded with 6 rounds in a belt on the stock also in the case. They've never said a word.

Getting busted for gun violations is close to number one in Wisconsin....man you are lucky!
http://dnr.wi.gov/org/land/wildlife/hunt/deer/summary.pdf
Here is the kicker, you rarely ever get your gun back, unless you buy it at the Madison auction in July. They do random checks in several counties, ammo in the case and you will loose your priviledge to hunt for a few years.

[johnny--2k]

as far as I understood it, ammo and gun separate, both out of arms reach while driving or in the vehicle, so a truck would have to be in the bed no?

[Coops Brother]

[URL="http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates&fn=default.htm"]
The gun has to be secured, unloaded in a case in the trunk and the ammo has to be separate.

Knowing this, I thought it was just pointless for them to go through the trouble just to walk into the store and walk out. Hardcore gun advocates/strong beliefs to go to that extent.

Correction:

Gun cased and unloaded, unloaded defined as no live round in the chamber, and not having a loaded magazine attached to the gun. The loaded ammo can be right next to the pistol in the case, and it can also be sitting on your lap while you drive, law doesn't say it has to be in the trunk. Law doesn't say the ammo has to be in the trunk and the gun somewhere else, all myths people, use facts. Don't believe me look it up in the state statutes.

http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates&fn=default.htm

167.31(1)(b)
(b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

167.31(1)(g)
(g) "Unloaded" means any of the following:


167.31(1)(g)1.
1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm .


167.31(1)(g)2.
2. In the case of a cap lock muzzle-loading firearm , having the cap removed.


167.31(1)(g)3.
3. In the case of a flint lock muzzle-loading firearm , having the flashpan cleaned of powder.

[Russ Jerome]

That is exelent info! Im going to print it out and keep a copy in my vehicles. I'm gonna print 100 copies out and give them away at the bar up in marquet/green lake area, the DNR shines the inside of cars in the bar parking lot (Puckaway) and harrases the hell out of people up there.

[johnny--2k]

[URL="http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates&fn=default.htm"]

Correction:

Gun cased and unloaded, unloaded defined as no live round in the chamber, and not having a loaded magazine attached to the gun. The loaded ammo can be right next to the pistol in the case, and it can also be sitting on your lap while you drive, law doesn't say it has to be in the trunk. Law doesn't say the ammo has to be in the trunk and the gun somewhere else, all myths people, use facts. Don't believe me look it up in the state statutes.

http://nxt.legis.state.wi.us/nxt/gateway.dll/?f=templates&fn=default.htm

167.31(1)(b)
(b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

167.31(1)(g)
(g) "Unloaded" means any of the following:


167.31(1)(g)1.
1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm .


167.31(1)(g)2.
2. In the case of a cap lock muzzle-loading firearm , having the cap removed.


167.31(1)(g)3.
3. In the case of a flint lock muzzle-loading firearm , having the flashpan cleaned of powder.



Not according to this....

Firearms in vehicles
When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. Because of this statute firearms must be freqently and unnecessarily handed, loaded, and unloaded to comply with the state's laws. In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

[Al]

What about behind the seat in a truck.

Also, what happens when you own a hatchback or wagon?

[Silver350]

"Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

So then what if you have your gun in a case. Can you still have your ammo in the magazine as long as it is not inside the gun?

LOL IMO wisconsin laws sucks there are to many words that can give you multiple meanings and I am sure no matter what way you interpret the law your still wrong.

[Reverend Cooper]

you can have a weapon in its case,with a magazine that has shells in it in that same case,however the loaded magazine cant be in the weapon or attached to it.This is hunter safety 101. I have been pulled over with a weapon in its case with loaded mags in the same case behind my seat.
WISCONSIN GUN LAWS
« on: April 23, 2006, 01:43:26 AM »

--------------------------------------------------------------------------------


WISCONSIN GUN LAWS


PREFACE:
CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.


STATE CONSTITUTIONAL PROVISION
"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. WISC. CONST. art. 1, sec. 25"


Rifles and Shotguns:
Permit to Purchase: NO
Registration of Firearms: NO
Licensing of Owners: NO
Permit to Carry: NO

Handguns:
Permit to Purchase: NO*
Registration of Firearms: NO
Licensing of Owners: NO
Permit to Carry: NO
*Waiting period

PURCHASE:

A firearm dealer transferring possession of a handgun must have the transferee present identification and detailed information, complete a notification form, and pay a $8.00 fee. The information from the form is conveyed to the Department of Justice using a toll free telephone number for a background check for criminal history, involuntary commitment, domestic violence and tribal restraining orders. Forty-eight hours must elapse from the time that the dealer has received a confirmation number regarding the criminal history record search and the dealer has been notified that the transfer will not be in violation of law.

These provisions do not apply to antique handguns, transfers between wholesale or retail dealers, or to law enforcement or armed service agencies.

No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article, including firearms and ammunition, from a customer without first securing adequate identification from the customer and completing a form detailing a description of the firearm and identifying information on the person from whom received. Within 24 hours after purchasing or receiving a secondhand firearm or ammunition, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original completed form, or the inventory, whichever is appropriate.

Any person denied the right to purchase a handgun because the firearms dealer received a non-approval number may request a firearms restriction record search review under department of justice rules. If the person disagrees with the result of that review, the person may file an appeal under rules promulgated by the department.

POSSESSION:

No state permit is required to possess a rifle, shotgun, or handgun.

It is unlawful for a person under the age of 18 to possess a firearm unless that person is accompanied by a parent or guardian and is target shooting or participating in a firearms training course. Young hunters between the ages of 12 and 16 may possess firearms under the supervision of a parent or guardian while in the field and/or while enrolled in hunter safety classes.

It is unlawful for a person to possess a firearm if convicted of a felony or found not guilty of a felony by reason of mental illness, committed to a mental institution and ordered not to possess a firearm; subject of a domestic violence, child abuse or tribal restraining order, or if adjudicated delinquent on or after April 21, 1994, for an act that if committed by an adult would be a felony.

It is unlawful to possess a firearm in, on, or within 1,000 feet from the grounds of a school (school zone). Exempt are private property not part of school grounds, school security guards, law enforcement officers, use in a program approved by the school, unloaded and in a locked container or in a locked firearm rack that is on a motor vehicle, and unloaded and possessed while traversing school ground for the purpose of gaining access to lands open to hunting if the entry on school grounds is authorized by school authorities.

Any pupil determined to unlawfully possess a firearm while at school or while under the supervision of a school authority, will be suspended and be subject to expulsion proceedings.

CARRYING:

It is unlawful for any person except a peace officer to go armed with a concealed and dangerous weapon. There is no statutory provision for obtaining a license or permit to carry a concealed weapon. State law does not prohibit the open carrying of a firearm, but a person should exercise caution when carrying a firearm in public.

It is unlawful to go armed with a firearm in any building owned or leased by the state or any political subdivision of the state.

ANTIQUES AND REPLICAS:

Beginning November 1, 1992 it shall be a crime for a person to sell or distribute any look-alike firearm. Look-alike firearm means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica non-guns and air-soft guns firing nonmetallic projectiles. The crime does not apply to the restoration of any weapon by a person having a license to collect firearms as curios or relics issued by the U.S. Dept. of Treasury or to an imitation, non-firing, collector replica of an antique firearm developed prior to 1898, or any traditional bb, paint ball or pellet firing air gun that expels a projectile through the force of air pressure.

NATIONAL FIREARMS ACT FIREARMS:

The definition of a machine gun includes any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.

No person may sell, possess, use or transport any machine gun or other full automatic firearm. Exceptions include: the possession of a machine gun for scientific purpose; the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive; or any person duly authorized by the chief of police of any city or the sheriff of any county may sell, possess, use, or transport a machine gun.

"Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches. "Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.

No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short barreled rifle. Exceptions include armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.

MISCELLANEOUS:

It is unlawful to possess any firearm in a wildlife refuge unless the firearm is unloaded and in a case.

No person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a Certificate of Accomplishment. Exceptions are allowed if there is evidence that is satisfactory to the department indicating that he or she has completed in another state a hunter safety course and if the course is recognized by the department under a reciprocity agreement or if the person has successfully completed basic training in the U.S. armed forces, reserves or national guard.

Firearms kept for personal use are specifically exempt from personal property taxation. Consumer goods including firearms are also exempt from execution of a judgement if they do not exceed $5,000.00 in aggregate value.

It is unlawful to discharge any firearm within 660 feet of any public park, square or enclosure owned or controlled by any municipality .

It is unlawful to operate or go armed with a firearm while under the influence of an intoxicant. It is unlawful to go armed with a handgun on any premises for which alcoholic beverages are sold and consumed.

It is unlawful to possess, place, or transport in or on any aircraft, vehicle, ATV, or any motor-driven boat while the motor is running, any firearm unless such firearm is unloaded and in a case, and it is also unlawful to load or fire any firearm from such aircraft or vehicle.

It is unlawful to set a spring gun or set gun which may kill game.

It is unlawful to discharge a firearm while on the lands of another within 100 yards of any building devoted to human occupancy without the express permission of the owner or occupant. "Building" does not include any tent, bus, truck, vehicle or similar portable unit.

It is unlawful to shoot from or across a highway or within 50 feet of the center of a roadway.

It is unlawful to recklessly store or leave a loaded firearm within the reach or easy access of a person under 14 who obtains the firearm without lawful permission and possesses or exhibits the firearm in a public place or discharges the firearm so as to cause bodily harm or death to self or another. In a commercial transfer the buyer or receiver of a firearm shall be provided with a written warning: "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM."

No political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.


SOURCES:
Wis. Stat. Ann. Of 2003 secs. 23.33(3)(e), 29.091, 29.304, 29.591, 29.593, 29.927(5), 66.0409(2), 70.111, 120.13(1), 134.71, 167.30, 167.31, 175.35, 175.37, 815.18(3)(d), 885.235, 941.20, 941.23, 941.235, 941.237, 941.25 through 941.29, 941.297, 948.55, 948.60(3), 948.605.

The above content was taken from here

[Coops Brother]

Not according to this....

Firearms in vehicles
When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. Because of this statute firearms must be freqently and unnecessarily handed, loaded, and unloaded to comply with the state's laws. In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

Go to the WI statute site and READ 167.31....all of it, no where does it say "put of of reach whan in a vehicle"

Where do you guys find this stuff?? Read the laws, that is the only correct answer. Geez....:stare

[Coops Brother]

"Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

So then what if you have your gun in a case. Can you still have your ammo in the magazine as long as it is not inside the gun?

LOL IMO wisconsin laws sucks there are to many words that can give you multiple meanings and I am sure no matter what way you interpret the law your still wrong.

Correct, an empty chamber, a full mag, not in the firearm, next to the firearm, inside a case, is an unloaded firearm. Period. whether it is in the trunk or on your lap, it is still unloaded and within the law.

[Reverend Cooper]

It is unlawful to possess, place, or transport in or on any aircraft, vehicle, ATV, or any motor-driven boat while the motor is running, any firearm unless such firearm is unloaded and in a case, and it is also unlawful to load or fire any firearm from such aircraft or vehicle.

this is in the article above,Johnny yours is from wikipedi,unfortunately not even close to a reliable source for gun law.This is hunter safety 101

[Coops Brother]

It is unlawful to possess, place, or transport in or on any aircraft, vehicle, ATV, or any motor-driven boat while the motor is running, any firearm unless such firearm is unloaded and in a case, and it is also unlawful to load or fire any firearm from such aircraft or vehicle.

this is in the article above,Johnny yours is from wikipedi,unfortunately not even close to a reliable source for gun law.This is hunter safety 101

We live in WI, we need to look at the WI Statute site to view the up to date laws. Wilkepedia, if that is where it is from, is a collage of info from the 50 states. All of the states laws are not the same.

I am getting the vibe that some of you with pick ups think you need to buy a trailer, or have someone follow you in a car to bring your firearm while you carry the ammo.....

[70 cutlass 442]

You have to remember he was in a well-populated area (State St.), and if more thna a few people called to complain, it would be considered causing a public disturbance, thus resulting in a disorderly conduct ticket.

It was not like he was in his backyard doing yardwork where no-one else was around liek the case here. It would be like someone walking around downtown Milwaukee during a festival with a sidearm. You should fully expect a ticket in that case. Just because YOU wouldn't mind the "Wild West" to come back in full swing with everyone carrying a gun everywhere, there is a lot of society that don't trust damn near ANYONE else, outside of the police/military, to make proper decisions in regards to the use of a firearm in public.

Again, it comes down to using common sense. But then again, common sense doesn't apply to the gun debate.


Wild west? get real. this guy did nothing unlawful, and I understand the for every officer, a DC stop may be subjective, but if he was not violating any laws, its the duty of the PD to tell the callers that no law had been broke and that it is completely leagle for this person to carry. If the officers stoped the man, checked his ID and made sure that he was able to own a firearm that is one thing, but the stop should have gone no further then that.






I found this most interesting:

And “even when officers have no basis for suspecting a particular individual, they
may generally ask questions of that individual, [and] ask to examine the individual's
identification,” as long as the police do not convey a message that compliance is mandatory.
Florida v. Bostick, 501 U.S. 429, 434-35 (1991). The Fourth Amendment does not prevent
police from making voluntary or consensual contact with persons engaged in constitutionally
protected conduct. See United States v. Mendenhall, 446 U.S. 544, 553-54 (1980). Accordingly,
a law enforcement officer does not violate the Fourth Amendment by approaching an individual
in public and asking questions. Florida v. Royer, 460 U.S. 491, 497 (1983). An officer may
approach and question someone as long as the questions, the circumstances and the officer's
behavior do not convey to the subject that he must comply with the requests.

The person approached need not answer any questions. As long as he or she remains
free to walk away, there has been no intrusion on liberty requiring a particularized and objective
Fourth Amendment justification.

Are you saying that a Terry stop if unlawful then? Thats kind of what i gathered from this post........

[Coops Brother]

I think the gist of a terry stop is you are not free to walk away, I believe the officer will tell you thet you are being detained, not arrested. He needs to have some idea that you are about to, or have just commited a crime to to a pat down. During a questioning you are free to walk away and have the right not to talk to the officer, just as if someone walked up to you on the street and asked you your name, you could simply ignore him.
Seems as there is a fine line there, say an officer walks up to you and askes you something and you do or say something that leads him to believe you are up to no good, one might then be held under a Terry stop. Very gray area I say

[Silver350]

I am getting the vibe that some of you with pick ups think you need to buy a trailer, or have someone follow you in a car to bring your firearm while you carry the ammo.....


Not I. I just want to know the laws so I dont need to worry about getting arrested. A co worker of mine also stated his brother got his gun taken away for having a quick reloader for a revolver with his gun in his car.

[xopher]

Go to the WI statute site and READ 167.31....all of it, no where does it say "put of of reach whan in a vehicle"

Where do you guys find this stuff?? Read the laws, that is the only correct answer. Geez....:stare

Correct, an empty chamber, a full mag, not in the firearm, next to the firearm, inside a case, is an unloaded firearm. Period. whether it is in the trunk or on your lap, it is still unloaded and within the law.
Careful there. My dad was a Waukesha County Deputy Sheriff and stressed keeping the unloaded and cased firearm out of reach because if it is within reach, it could still be construed as either a concealed weapon or brandishing a firearm. I would feel uneasy about someone next to me at the bus stop with a rifle or pistol case in their lap, so the same logic applies to vehicles.

Also, you might not break that specific law, but the presence of firearms can escalate circumstances for a law enforcement officer, so don't push your luck like this idiot: http://www.todaystmj4.com/news/local/58583422.html If you press your luck, you'll spend time in a cop car, jail cell, tazer seizure, or worse. Some people insist on being macho, when they should be reasonable.

[Irish]

...

[johnny--2k]

yes, its from wikipedia, under the wisconsin section on gun laws....

[MurphysLaw88GT]

Read the law and do what it says

[LIL EVO]

I think the gist of a terry stop is you are not free to walk away, I believe the officer will tell you thet you are being detained, not arrested. He needs to have some idea that you are about to, or have just commited a crime to to a pat down. During a questioning you are free to walk away and have the right not to talk to the officer, just as if someone walked up to you on the street and asked you your name, you could simply ignore him.
Seems as there is a fine line there, say an officer walks up to you and askes you something and you do or say something that leads him to believe you are up to no good, one might then be held under a Terry stop. Very gray area I say

Terry stop is different from a frisk. Not everyone that is stopped can automatically be frisked. The officer must be able to justify a frisk (which is outer layers of clothing and for weapons ONLY). They must also have reasonable suspicion to make the stop in the first place. If you refuse questioning during a stop, that puts the officers safety in jeopardy which could escalate to a frisk.

[tommyt5078]

The good old Terry stop..............helped me out once :banana1:

[Coops Brother]

Careful there. My dad was a Waukesha County Deputy Sheriff and stressed keeping the unloaded and cased firearm out of reach because if it is within reach, it could still be construed as either a concealed weapon or brandishing a firearm. I would feel uneasy about someone next to me at the bus stop with a rifle or pistol case in their lap, so the same logic applies to vehicles.

Also, you might not break that specific law, but the presence of firearms can escalate circumstances for a law enforcement officer, so don't push your luck like this idiot: http://www.todaystmj4.com/news/local/58583422.html If you press your luck, you'll spend time in a cop car, jail cell, tazer seizure, or worse. Some people insist on being macho, when they should be reasonable.

Well I can see from your dads perspective that he'd rather have someones legally cased, (unloaded) gun away from their reach, it makes him feel more safe (comfortable), during a stop. BUT, I would hazzard a guess that he has never, nor any of his colleuges ever had a gun pulled on them when it was legally cased. I suspect they are more worried about the ones that are concealed, and by definition a cased unloaded firearm is not concealed. When was the last time a criminal unloaded and cased his weapon to go for a walk or drive?? As for the bus thing, if I have no car, and I take the bus to a gunsmith shop with my legally cased gun, you would be uncomfortable? You should be worried everytime you are in a public place, ya know why...because you don't have a gun, it is illegal, and therefore only the criminals that don't care about the law will be packing.

In short, I will have no problem with anyone going about his/her business, while within the law, this includes open carry. Law abiding people don't kill.

[Reverend Cooper]

i have been stopped with my weapon in case,with 2 loaded mags in that same case,weapon unloaded,laying in plain view on the rear seat easily in reach of myself. the officer simply asked what it was,I told him and all he asked was for his safety if I would step from the car to his patrol car. I agreed,he wrote me a warning ticket and apologized for the inconvienece. I said I understood. and have a great night.
It is not ILLEGAL to have the weapon in the case with ammo or loaded mags,the gun just can not be loaded.

[70 cutlass 442]

Terry stop is different from a frisk. Not everyone that is stopped can automatically be frisked. The officer must be able to justify a frisk (which is outer layers of clothing and for weapons ONLY). They must also have reasonable suspicion to make the stop in the first place. If you refuse questioning during a stop, that puts the officers safety in jeopardy which could escalate to a frisk.


Wrong. A Terry stop means you can be asked simple questions, and searched for items that may be deemed dangerous to the officer. IE, Guns, Knives, Clubs, Etc...... The whole basis od the Terry stop is to detect dangerours items, But if the Offier finds a Crack Pipe, He must look the other way. \


i have been stopped with my weapon in case,with 2 loaded mags in that same case,weapon unloaded,laying in plain view on the rear seat easily in reach of myself. the officer simply asked what it was,I told him and all he asked was for his safety if I would step from the car to his patrol car. I agreed,he wrote me a warning ticket and apologized for the inconvienece. I said I understood. and have a great night.
It is not ILLEGAL to have the weapon in the case with ammo or loaded mags,the gun just can not be loaded.

This is the problem I see, /\/\ Answered all the questions the officer had asked, and agreed to step to the patroll car for further questioning. He obviously had nothing to hide, and was not up to no good, many OC people are saying to simpally ignore any law enforcement that questions them.... which to me would only raise further question....... Why not just anser the basic questions that he/she may have, furnish them with an ID to make sure everything is ok, then be on your way......... The officer should know that if everything checks out, that there is nothing more to investigate....

[Coops Brother]

Wrong. A Terry stop means you can be asked simple questions, and searched for items that may be deemed dangerous to the officer. IE, Guns, Knives, Clubs, Etc...... The whole basis od the Terry stop is to detect dangerours items, But if the Offier finds a Crack Pipe, He must look the other way. \



This is the problem I see, /\/\ Answered all the questions the officer had asked, and agreed to step to the patroll car for further questioning. He obviously had nothing to hide, and was not up to no good, many OC people are saying to simpally ignore any law enforcement that questions them.... which to me would only raise further question....... Why not just anser the basic questions that he/she may have, furnish them with an ID to make sure everything is ok, then be on your way......... The officer should know that if everything checks out, that there is nothing more to investigate....

Well put, I think also if you are asked some simple questions that you feel comfortable answering, answer them, reply with the request to get out of the car, you probably don't have to, but I imagine this would make the officer a bit more suspicious of why you wouldn't comply with a simple request. It all comes down to common sense, on our part and the lawmans part. Now if we could just get the politicians to use some common sense.......

[Reverend Cooper]

^ your asking the lawyers (politicians) to use common sense,lol thats a good one

[Coops Brother]

We asked in years past, I fear that in the future we will need to make them use common sense.