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Open Carry in Wisc
http://forum.twincitiescarry.com/viewtopic.php?f=2&t=11575
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Author:  GABCO [ Sat Jan 24, 2009 6:56 pm ]
Post subject:  Open Carry in Wisc

Anyone know what happens if one carries open around St. Croix Falls, Wisc?
I go to Walmat and Menards there and hate having to disarm every time we cross into Wis.

Author:  PocketProtector642 [ Sat Jan 24, 2009 7:39 pm ]
Post subject: 

Legal sheet http://www.handgunlaw.us/states/wisconsin.pdf

Recent article http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=8970

Author:  Binky .357 [ Sat Jan 24, 2009 9:46 pm ]
Post subject: 

Quote:
"They shortly discovered Brad had no criminal record and was lawfully openly carrying on his own property, but instead of releasing him and returning his weapon, they tried to figure out how to arrest him.


Wow. Painfully familiar. The "we don't enforce the law, we ARE the law" attitude. And people wonder why I don't trust (most) cops. This is why I keep a good lawyer on my cell phones speed dial.

Author:  Andrew Rothman [ Sat Jan 24, 2009 10:21 pm ]
Post subject: 

Binky .357 wrote:
This is why I keep a good lawyer on my cell phones speed dial.


`Cause a gun-confiscating cop surely won't take your cel phone. ;)

Carry the card, too.

Author:  certified angus [ Sat Jan 24, 2009 11:01 pm ]
Post subject: 

I hear ya, as I too have the same issues, living only 15 minutes away from St. Croix Falls. Do you disarm when you get there, or decide to just leave the gun at home? Niether option is any fun, but I would rather not leave my gun in the car.

Author:  certified angus [ Sat Jan 24, 2009 11:06 pm ]
Post subject: 

GABCO I see you are from Lindstrom too.

Author:  GABCO [ Sun Jan 25, 2009 8:54 am ]
Post subject:  Open-carry in Wisc re:Brad

I only pick battles when I have a stratagy to win and I don't at this time.
I understand that the NRA will not help Brad - please correct me if I'm wrong. He can use all the help he can get. I can't imagine how violated he must feel as he was on his own property.

Author:  bkrafft [ Mon Jan 26, 2009 7:21 pm ]
Post subject: 

Quote:
Indeed, Wisconsin remains one of only two states in the nation not to allow some form of concealed carry, and one of the most-repeated arguments used by concealed-carry opponents is that it is not necessary because citizens can openly carry their guns.

Then attorney general Jim Doyle used that precise argument before the state Supreme Court in Wisconsin v Hamdan, in which the state carved out a concealed weapon exemption for small business owners.

As governor, Doyle reportedly reiterated his belief at a Lake Delton press conference, in which The Wisconsin Dells Events quoted him as saying, "If you want to carry a gun in Wisconsin, wear it on your hip."


And in a follow-up piece found at http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=8985 we find out:

Quote:
As conflicts over of the open carry of firearms mushroom in the state, Wisconsin attorney general J.B. Van Hollen is declining to issue a legal opinion about whether the practice is legal.

In a Nov. 6, 2008, letter to then state Rep. Terry Musser (R-Black River Falls), deputy attorney general Raymond Taffora acknowledged a number of requests for just such an opinion, as well as a growing number of arrests for carrying firearms in plain view, mostly on the charge of disorderly conduct.

On behalf of an unnamed constituent, Musser had specifically asked for an opinion about the open carrying of firearms for personal defense, but Taffora told him there were prudent legal reasons for the attorney general not to get involved.


I wonder if a desire to be Governor some day is one of those "prudent legal reasons for the attorney general not to get involved"?

Quote:
First, he noted, state statutes provide that the attorney general can only provide formal opinions to the governor, the Legislature, state officers and agencies, corporation counsels, and district attorneys. The attorney general cannot issue formal opinions to cities, towns, villages or other municipal attorneys or private citizens.


Hmmm, okay so provide a formal opinion to the district attorneys that since

Quote:
the Wisconsin Supreme Court has determined that an otherwise reasonable exercise of police power cannot be invoked in a way that 'destroys,' 'frustrates,' or 'nullifies' the constitutional right to bear arms


open carry is perfectly lawful and <I>a civil right</i> and any LEOs or departments who act in such a way "that 'destroys,' 'frustrates,' or 'nullifies'" that right are to be brought up on charges for civil rights violations.

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