Wisconsin open carry laws?

[Revolver M65]

Hi I work at The Makajawan Boy scout reservation in Pearson Wisconsin for 8 weeks every summer, There we have shooting ranges where we keep some of my revolvers,

I do not plan to carry on the reservation but we have town runs to Antigo and Rhinelander usually for (Laundry food etc.) and am wondering about the open carry laws, because I do not live in Wisconsin I am from Illinois in my years of working up there I have never seen anyone open carry. I believe this to be because of new laws allowing it.

Can't really find much on line and trying to sort through Wisconsin Statutes is like finding a particular needle in a pile if needles


Thanks for your time and advice.

Greg R.
Eagle Scout

 

[tomcatt51]

Look at:
http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf
Scroll down to "CCW AND OPEN CARRY".

Also: WI Department of Justice - Law Enforcement Services

 

[vista461]

because I do not live in Wisconsin I am from Illinois in my years of working up there I have never seen anyone open carry. I believe this to be because of new laws allowing it.

Open Carry has always been legal here. Concealed carry is new. I've lived here my entire life (40 years) and have never seen anyone open carry other than LEO and that has only been a few times ( I mean out of uniform of course). You do have to obey the no firearms signs that places may have. Being that Antigo and Rhinelander are more rural than say Madison and Milwaukee,it may be more accepted there than a larger city. But be aware its not common, and may not be welcomed. Also I wouldn't carry in your car either.

 

[tomcatt51]

Also I wouldn't carry in your car either.

From the Wi DOJ's FAQ's:

"The law now allows a person to do the following without a CCW permit:
 place, possess, or transport a handgun in a vehicle without being unloaded or encased. Wis. Stats. § 167.31(2)(b).
 load a handgun in a vehicle. Wis. Stats. § 167.31(2)(c)."

 

[vista461]

From the Wi DOJ's FAQ's:

"The law now allows a person to do the following without a CCW permit:
 place, possess, or transport a handgun in a vehicle without being unloaded or encased. Wis. Stats. § 167.31(2)(b).
 load a handgun in a vehicle. Wis. Stats. § 167.31(2)(c)."

But it still can't be concealed w/o permit. That's a can of worms I wouldn't want to open. Your armrest being in the way, coat falling down, lots of things could happen and "conceal" the gun.

I don't have to worry because I have a permit..... finally.

 

[Nemo288]

I would suspect a holster mounted on the steering column would
count as open carry. You could also just get our carry license
and pretty much be free of worry.
I open carry on my property but here in the PDR of Dane county
I have not tried to push it.
With the new law specifying the freedoms, I think things will get better
for open carry as well as concealed.

---
Nemo

 

[Revolver M65]

Open Carry

Well I am 19 and not able to get a CCW yet but to open carry the age is 18. I am not so much worried about the car because I could just keep the holster and speed loader case on and put the gun in the trunk, (its a shot walk) but what I am more worried about is do I have to be a citizen of Wisconsin to carry because I know that is a law in Michigan.


Greg R.

 

[tomcatt51]

All the phone #'s are here: WI Department of Justice
Call and ask. It's much better than listening to "internet experts".

 

[Fat B]

You can open carry all you want (except loaded in a vehicle) but you're open to people questioning you and having the police called. Businesses can also post signs just like concealed carry.

There is a group that pushes the issue then turns and sues law enforcement if it turns into and arrest or a ticket.

Here is an incident at a Culver's restaurant

Restaurant incident reveals confusion over open carry

Here is the groups take on the situation:

Wisconsin [Open] Carry: Update on Culvers Arrest | The Truth About Guns

Then the city of Madison ended up paying $10,000 in the civil case and it was not the first city to have to pay.

City of Madison to pay $10,000 for Open Carry incident at Culver’s Restaurant

To be honest, I'm not too sure how I feel about the situation.

 

[Fat B]

Let me clarify, I'm 100% for open carry but to get irritated at the police for asking for id after they've gotten a call about someone with a gun is something that I've thought about for a while and haven't reached a conclusion about.

 

[Revolver M65]

Let me clarify, I'm 100% for open carry but to get irritated at the police for asking for id after they've gotten a call about someone with a gun is something that I've thought about for a while and haven't reached a conclusion about.

There are many videos of this on youtube, lots of the people are jerks to LEO who ask for ID, I can see there reasoning but I think it would be easier to give ID let them run you clear you and then let you go on your way, then dispatch will know your not a threat and will tell callers, as for citizens I would love to talk to them about why I carry and help them understand the law

 

[tomcatt51]

You can open carry all you want (except loaded in a vehicle) but you're open to people questioning you and having the police called.

Maybe you should read the concealed carry law. You won't make so many incorrect statements.

Prior to the concealed carry law passage there were incidents to push a legal ruling on open carry. The concealed carry law, at minimum, discourages, and actually provides sanctions against the use of dis-orderly conduct charges (which was the police fall back position) for open carry.

Once again, read the law.

 

[SoleShtr]

You can open carry all you want (except loaded in a vehicle) but you're open to people questioning you and having the police called. Businesses can also post signs just like concealed carry.

With the new law you can have a loaded and uncased handgun in a vehicle so long as it is not hidden and within reach. OC allows just about everything CC does, the big difference is OC has to be in the open obviously. One difference is OC is illegal in taverns even if you have CC permit. If you carry in a tavern you must be a CC permit holder and the weapon must be concealed and you can't consume alcohol.

 

[Fat B]

Maybe you should read the concealed carry law. You won't make so many incorrect statements.

Prior to the concealed carry law passage there were incidents to push a legal ruling on open carry. The concealed carry law, at minimum, discourages, and actually provides sanctions against the use of dis-orderly conduct charges (which was the police fall back position) for open carry.

Once again, read the law.

Ouch! Bad day? And I don't see any misinformation. In Wisconsin we can open carry all we want without a permit (except the usual restictions: While intoxicated, as a felon, in a school, etc..)

But to walk into a store, have someone think you may be robbing the place or causing trouble of some sort, and be and then be distraught and offended when the police show up and try to sort things out because they got a call about someone with a gun? Especially when you put the gun on initially to push some buttons? Seems to conflict with my common sense.

And if you're referring to carrying a loaded handgun in the car, I have read the law plus most of the case studies. Can you openly carry loaded in a vehicle? Yes, but.... the Wisconsin Supreme Court ruled that almost anything in your car is going to be considered concealed unless it is obvious to the person outside of the car. And I doubt a law enforcement official would think the pistol on my right hip is obvious.

If I were giving advice to someone open carrying in wisconsin without a CC permit, I would advise to still transport a handgun unloaded.

To site my facts here is the link on the Wisconsin Government Web page to the Wisconsin Legislative Council Information Memorandum concerning Senate Bill 93, the law which changed the transportation requirements. Near the bottom, if you are not a CC permit holder:

"Does the bill allow me to place, possess, or transport a loaded, unencased handgun in a vehicle?

As described above, the bill does allow the placement, possession, and transportation of handguns in a number of different types of vehicles, regardless of whether a person is a licensee. However, if a person is not a licensee, the handgun cannot be concealed in the vehicle and, as noted above, Wisconsin courts have taken a broad view of what constitutes the concealment of a firearm in a vehicle."

http://legis.wisconsin.gov/lc/publications/im/im2011_10.pdf

Has something changed and I'm still misinformed?

 

[Revolver M65]

Ouch! In Wisconsin we can open carry all we want without a permit (except the usual restictions: While intoxicated, as a felon, in a school, etc..)

If I were giving advice to someone open carrying in wisconsin without a CC permit, I would advise to still transport a handgun unloaded.

OK this is all really Great stuff. The one thing I can not find anywhere on the books still is that if I need to be a Wisconsin citizen to carry

as to carry in a car I will just keep it in the trunk and some speed loaders on me until I am out of the car

Thanks for the Advice
Greg

 

[bobkarno]

Open carry up in the great white north of Wisconsin may be just fine. Based on my personal experience, the gun culture is just a lot different when you get out of the metropolitan areas. But I just feel that to walk around Milwaukee, Madison, or any of the other metro areas and their suburbs with a gun hanging openly on your hip is nothing more than trying to be cocky and intimidating. All that really seems to be accomplished is that you turn more people against the rights of gun owners because they are scared when they see someone who is not a LEO walking around with a gun, however legal it may be. I have been carrying concealed for some time now and people aren't running away from me, pointing at me, or calling the cops on me because they simply don't know I have a gun. But, if I were to walk around with my pistol hanging out on my hip, I'm sure it would cause quite the ruckus. My advise to people is to pay the $50 and get a permit. It gives more flexibility to carry, open or concealed. I would not want to be testing the limits of the law by open carrying on the seat of my car and then getting pulled over withing 1000 feet of a school, a felony that will cost you all of your gun rights, simply because I didn't want to mess with getting a permit. Just try driving anywhere around any metro area with a loaded gun while trying to avoid school zones; it is nearly impossible. And what some have wrote about keeping the gun in the trunk and all of that just means you will be unprepared to react when the you-know-what hits the fan. If you have a permit, you can put the thing on the front seat of your car, under your jacket or out in the open, drive and park just about anywhere, be prepared to defend yourself quickly if the need arises. I just feel that in the end concealed carry is just better for everyone, and if we can prove to all the people in this state with irrational fears about guns and ordinary citizens carrying them that we can carry safely, we may see an expansion of our rights as has taken place in other states. However, if we feel the need to walk around with guns on our hips all we are doing is putting more fear into the already fearful and we will certainly see efforts arise to take out rights away.

 

[SoleShtr]

Open carry up in the great white north of Wisconsin may be just fine. Based on my personal experience, the gun culture is just a lot different when you get out of the metropolitan areas. But I just feel that to walk around Milwaukee, Madison, or any of the other metro areas and their suburbs with a gun hanging openly on your hip is nothing more than trying to be cocky and intimidating. All that really seems to be accomplished is that you turn more people against the rights of gun owners because they are scared when they see someone who is not a LEO walking around with a gun, however legal it may be. I have been carrying concealed for some time now and people aren't running away from me, pointing at me, or calling the cops on me because they simply don't know I have a gun. But, if I were to walk around with my pistol hanging out on my hip, I'm sure it would cause quite the ruckus. My advise to people is to pay the $50 and get a permit. It gives more flexibility to carry, open or concealed. I would not want to be testing the limits of the law by open carrying on the seat of my car and then getting pulled over withing 1000 feet of a school, a felony that will cost you all of your gun rights, simply because I didn't want to mess with getting a permit. Just try driving anywhere around any metro area with a loaded gun while trying to avoid school zones; it is nearly impossible. And what some have wrote about keeping the gun in the trunk and all of that just means you will be unprepared to react when the you-know-what hits the fan. If you have a permit, you can put the thing on the front seat of your car, under your jacket or out in the open, drive and park just about anywhere, be prepared to defend yourself quickly if the need arises. I just feel that in the end concealed carry is just better for everyone, and if we can prove to all the people in this state with irrational fears about guns and ordinary citizens carrying them that we can carry safely, we may see an expansion of our rights as has taken place in other states. However, if we feel the need to walk around with guns on our hips all we are doing is putting more fear into the already fearful and we will certainly see efforts arise to take out rights away.

I agree that going concealed is the way to go. Just makes it easier on everyone involved. In my posts I am in no way endorsing OC. I just have taken the time to read what the new laws are and just commenting on what OC allows you to do and not to do. Is paying $50 to wear a jacket or a t-shirt to cover a weapon in the spirit of the 2nd Amendment? No, but I think it is to the benefit of every gun rights advocate to do it discreetly so as not to give left-wing media who want to take away 2nd Amendment rights "ammunition" by reporting stories about how there goes another "gun nut" with a weapon openly on his or her hip.

 

[bobkarno]

I think it was good that they added clarification to the open carry laws as well so that if you are out somewhere and are either printing severely or exposing your gun inadvertently you do not get into trouble. I have heard, and would appreciate some clarification, that in some states a permit holder can be cited for not keeping their weapon concealed. I guess my main point was to ensure that we carry with respect to others so we don't lose this right which we have waited so long for. I believe that in time Wisconsin permit holders will prove that we are in fact not a bunch of gun nuts but rather some of the most decent, honest, law abiding members of our communities.

 

[venomballistics]

that's where I used to call home for the most part.
open carry is a bad idea in any of the area towns ... back country in between .. sure, go for it but not in town.
while the states open carry policy is not supposed to be superseded by local authority, it has not stopped them from enacting local ordinances to the contrary.
Sure, to the letter of the law these can be overturned in higher courts but the 100 grand to do so would be better spent on guns ammo and concealed carry holsters. As always .. silence is free.

 

[Fat B]

Open carry up in the great white north of Wisconsin may be just fine. Based on my personal experience, the gun culture is just a lot different when you get out of the metropolitan areas.

For sure. I grew up in Madison and moved to central Wisconsin for college and ended up staying. I can say from experience that the culture is so polar opposite, it's unbelievable.

I believe that in time Wisconsin permit holders will prove that we are in fact not a bunch of gun nuts but rather some of the most decent, honest, law abiding members of our communities.

Excellent point! Cheers!