Wisconsin Open Carry Question

ecrist · October 30th, 2009, 10:31 AM

It is my understanding that Open Carry is *not* illegal in Wisconsin. The AG has apparently submitted an opinion that Open Carry is not against the law and persons open-carrying should not be harassed by law enforcement.

Wisconsin does not have a carry permit, and it is required that one not carry while driving a car. How does that apply to a motorcycle? Can I open-carry while on my motorcycle? There isn't a trunk on my bike, save a couple saddle bags.

Any advice?

logan · October 30th, 2009, 12:22 PM

Wisconsin Legislature Data

167.31(2)(b)
(b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

Other statutes: WI Department of Justice - Law Enforcement Services

Here's a OC Pamplhet for WI that I carry with me: http://opencarry.mywowbb.com/attachment.php?id=7901

On your bike, you would have to have it in a case, unloaded, and place the case in one of the saddle bags. That seems to be the best you can do.

Then should you decide to open carry in WI, make sure that when you holster up, you never set your gun on your bike, or in/on any other vehicle.

OC is not illegal, and there is no law saying it is legal. There is just a law saying concealed carry is illegal, and then the 5 places you cannot carry:

-No carrying of a firearm within 1000 ft of a school zone (unless on private property)
-No carrying of a handgun in a place that serves alcohol for consumption
-No carrying of a firearm in a state park or fish hatchery
-No carrying a firearm in a federal building
-Firearms in vehicles must be unloaded and encased, and should be in the farthest out of reach place in the vehicle

You shouldn't be harassed for carrying, but it's possible somebody might call the police to report a man with a gun. Hopefully the only thing that will happen then is that they police show up and question you for a short period of time. Be prepared for people to ask you why you have a gun. Having a pamphlet handy to give them would help.

walrusjax · October 30th, 2009, 06:28 PM

This is what I like about Florida's Law for carrying in a vehicle by a person without a permit. Under the Definitions in 790.001, it defines Securely Encased as "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access."

Even though I have a permit, I keep a copy of the law for carrying in vehicles and this definition in each of my vehicles. There are a lot of LEOs that will tell you "3 steps" to retrieve it or "locked in a case," which just isn't true. You should find the information for WI on Handgunlaw.us and print that part of the document to keep in your vehicles and with your bike.

Anubis · October 31st, 2009, 09:16 PM

Sounds like open carry in Wisconsin is permitted only to pedestrians.

bnhcomputing · November 3rd, 2009, 12:27 AM

That is correct. There are exceptions of course, but for the most part only pedestrians can carry firearms in Wisconsin.

dukalmighty · November 3rd, 2009, 02:08 AM

That'll cut down on driveby shootings,but the runby shootings will go up

logan · November 3rd, 2009, 02:26 PM

Quote:

Originally Posted by dukalmighty

That'll cut down on driveby shootings,but the runby shootings will go up

October 30th, 2009, 10:31 AM	#1
ecrist Member Join Date: Apr 2009 Location: Minnesota Posts: 72	Wisconsin Open Carry Question It is my understanding that Open Carry is not illegal in Wisconsin. The AG has apparently submitted an opinion that Open Carry is not against the law and persons open-carrying should not be harassed by law enforcement. Wisconsin does not have a carry permit, and it is required that one not carry while driving a car. How does that apply to a motorcycle? Can I open-carry while on my motorcycle? There isn't a trunk on my bike, save a couple saddle bags. Any advice? __________________ "You cannot invade the mainland United States. There would be a rifle behind each blade of grass." "A brilliant man would find a way not to fight a war." -- Admiral Isoroku Yamamoto

October 30th, 2009, 12:22 PM	#2
logan Member Join Date: Oct 2009 Location: Onalaska, WI Posts: 55	Wisconsin Legislature Data 167.31(2)(b) (b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case. Other statutes: WI Department of Justice - Law Enforcement Services Here's a OC Pamplhet for WI that I carry with me: http://opencarry.mywowbb.com/attachment.php?id=7901 On your bike, you would have to have it in a case, unloaded, and place the case in one of the saddle bags. That seems to be the best you can do. Then should you decide to open carry in WI, make sure that when you holster up, you never set your gun on your bike, or in/on any other vehicle. OC is not illegal, and there is no law saying it is legal. There is just a law saying concealed carry is illegal, and then the 5 places you cannot carry: -No carrying of a firearm within 1000 ft of a school zone (unless on private property) -No carrying of a handgun in a place that serves alcohol for consumption -No carrying of a firearm in a state park or fish hatchery -No carrying a firearm in a federal building -Firearms in vehicles must be unloaded and encased, and should be in the farthest out of reach place in the vehicle You shouldn't be harassed for carrying, but it's possible somebody might call the police to report a man with a gun. Hopefully the only thing that will happen then is that they police show up and question you for a short period of time. Be prepared for people to ask you why you have a gun. Having a pamphlet handy to give them would help. __________________ Logan NRA Member - FL, MN, and PA Carry Permits Glock 19 and Ruger LCP "Guns are dangerous. The only thing more dangerous is not having one." "You don't shoot to kill; you shoot to stay alive."

October 30th, 2009, 06:28 PM	#3
walrusjax Member Join Date: Sep 2009 Location: Jacksonville, FL Posts: 26	This is what I like about Florida's Law for carrying in a vehicle by a person without a permit. Under the Definitions in 790.001, it defines Securely Encased as "in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access." Even though I have a permit, I keep a copy of the law for carrying in vehicles and this definition in each of my vehicles. There are a lot of LEOs that will tell you "3 steps" to retrieve it or "locked in a case," which just isn't true. You should find the information for WI on Handgunlaw.us and print that part of the document to keep in your vehicles and with your bike. __________________ I am the Walrus...Goo Goo Goo Joob “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” –Benjamin Franklin

October 31st, 2009, 09:16 PM	#4
Anubis Distinguished Member Join Date: Dec 2004 Location: Arapahoe County CO Posts: 1,256	Sounds like open carry in Wisconsin is permitted only to pedestrians. __________________ "If you got to shoot, shoot! Don't talk!" -Tuco Ramirez-

November 3rd, 2009, 02:08 AM	#6
dukalmighty VIP Member Join Date: Feb 2008 Location: texas Posts: 6,383	That'll cut down on driveby shootings,but the runby shootings will go up __________________ I like Poetry,Long Walks On The Beach,And Poking Dead Things With A Stick

November 3rd, 2009, 12:27 AM	#5
bnhcomputing New Member Join Date: Nov 2009 Location: Wisconsin Posts: 1	That is correct. There are exceptions of course, but for the most part only pedestrians can carry firearms in Wisconsin.

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