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  • #31
    Alright, here we go.

    Starting with Chapter 134.58, Wisconsin Statutes (Annotated)
    134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, is guilty of a Class I felony.

    This makes it illegal to raise a private army or police force (police does not imply public officer in this state, strangely), who are armed in their course of their duties, to protect or break strikes. "not being authorized by the laws of this state" means that they are not: 1) A public law enforcement officer in a law enforcement agency raised by the state or subdivision (A cop), 2) A private security or private police officer raised by a corporation pursuant to Chapter 440 of Wisconsin Statutes, or a soldier of the Wisconsin National Guard or Wisconsin Air National Guard.

    If you are not protecting any thing or suppressing strikes, this law does not apply to you.

    Article 1, Chapter 25 of the Wisconsin State Constitition reads:
    The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

    Our state constitution is law. We have the right to keep and bear arms for "any lawful purpose."

    Purposes and situations that make carry unlawful:
    941.235 Posession of a firearm in a government building w/o permission.
    941.237 Posession of a loaded firearm in a tavern or other place that serves liquor.
    167.31(2)(b) DRL's rule that says hunters (read anybody) may not carry a loaded gun in a car.

    Preemption by towns is illegal...
    66.0409(2) Except as provided in subs. (3) and (4), 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.

    Disorderly Conduct, the only charge that some Attorney General's staffer came up with to "counter the gun threat" is as follows:
    947.01 Disorderly conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

    Chapter 941.20, Subchapter 3, Weapons, governs going armed while in public. There's a whole bunch of rules about where you can't go armed, but it doesn't specifically outlaw "going armed" in public.

    If you can show me a specific statute that makes open carry illegal in this state, I'll conceed the point. However, it has been proven time and time again that one simply doesn't exist.

    Yes, you may be arrested for disorderly conduct. However, no judge has found a person guilty of disorderly conduct for peaceably going armed in public.

    You realize there was open carry at the NRA convention last year, correct? No headlines about people being arrested for it.
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law


    • #32
      Sorry but you are wrong.

      Sorry to burst your bubble but what you posted above don't mean squat! It has nothing to do with going armed in public.

      Section 105-34 City & County of Milwaukee ordance says:

      It is unlawful for any person to go armed with a firearm in public (on or about the person) unless the firearm is unloaded and fully incased. The case must be zippered, buttoned, ect. completly and no part of the firearm can be exposed.

      165.85 states the only exception is if you are a peace officer, private investigator or security person (while on duty), and posess a valid, current firearms "Blue Card" issued by the Department of Regulation & Licensing under the authority of the Wisconsin Dept of Justice.

      This applies to any town, city or community.

      Yes, you may be arrested for disorderly conduct. However, no judge has found a person guilty of disorderly conduct for peaceably going armed in public.

      You realize there was open carry at the NRA convention last year, correct? No headlines about people being arrested for it.
      I WAS at the NRA convention for 2 days and NOBODY was armed. If they did, they would of been arrested, had their firearm taken away and they wouldn't of gotten it back. And I say this as a former Milwaukee police officer who still has contacts and friends currently on the department. The convention center is County property and you cannot go armed on any property owned, leased or rented by city, county or US government unless your on public land engaged in lawful hunting. Period!

      You usally can walk down the side of a highway in a rural area, up north, ect., while engaged in lawful hunting and get away with without getting arrested.

      You will be arrested and charged for D.C. under 947.01 and found guilty. I've personaly arrested and know of dozens of people who have been CONVICTED.

      I've gotten in a few arguements over this issue on several other boards and I was right every time. If you don't believe me, then I challange you to go armed and walk down a public street, park, city/county property, etc. Walk past a police station while your firearm is on your hip openly displayed. See how far you get. Then again just go to a district station and ask a police supervisor there. Remember, firearms ARE regulated.

      Let me ask you, if I may, are you currently working as a security guard someware? Where and for whom?
      "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

      ~~George Orwell.


      • #33
        Special Investigator

        We've had the same problem with the same poster on, although over there "Special Investigator" is "Bunker."

        Some of what "Special Investigator" says is true, and I won't argue that. Judges in Milwaukee can, for the most part, do what they want, and the police will let it slide. Conversely, police will, in many cases, arrest everyday people for open carry, even if there is no law against it.

        However, the core of what "Special Investigator" says is false. Openly carrying a firearm in Wisconsin is legal, as long as the many restrictions are followed. People open carry in public, have been stopped by police, and carried on without problem, depending on the officer. I open carry daily and have had no problems with police, and have seen them pass by on many occasions, usually when I'm carrying a full-size .45.

        I don't open carry at the fair or at malls, because that will lead to significant problems during police interaction, namely a wrongful arrest, as detailed in reply letters from police departments to OpenCarry members. (Letters are found in the Wisconsin forum.) The police or department opinion is just that, but the law is the law, even if it is ignored. "Parabellum" (OpenCarry member) was arrested for legally openly carrying a firearm in Milwaukee, but has not been charged by the DA. We'll have to wait to see how this all pans out.

        Meanwhile, the Wisconsin Patriots are holding an open carry picnic, and have held other public open carry events successfully, and without problem. Loaded firearms are secured in positive-retention holsters, openly, without causing panic, arrest, or endangering public safety, even that of "the children." Most people don't even notice anyone is armed, such as at the petition signing event, until they ask if it's legal and they're told that open carry is legal in Wisconsin, "just as I'm doing right now." Their eyes usually light up for a few seconds, but that's it.

        Hopefully this insight helps people understand Wisconsin's laws as they currently stand, not as they stood years ago. This information should in no way be taken as an attack on any member's viewpoints, and expresses my own thoughts on the topic, not the thoughts of any other individual or group.

        OpenCarry Thread:
        Last edited by Pointman; 07-21-2008, 02:15 PM. Reason: Added intentions of the post.


        • #34
          wisconsin in the hizzie