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EM87
Regular Member
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Posted: Wed Jun 17th, 2009 07:57 pm |
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I checked the stickies at the top of the page but didn't find what I was looking for. Sorry if this is a repeated question.
I'm planning on traveling to WI this summer for the Oshkosh air festival. I was wondering if someone could give me an idea of what the WI OC/CC laws are. I am a MI CPL holder, and I OC everywhere I go. I need to know where I can and cannot OC and CC in WI, and whether there is any kind of preemption law that applies to certain restrictive ordinances. Specific information would be nice, but I would rather not read large sections of law. I trust that the information I receive here will be accurate. Thanks in advance!
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autosurgeon
Regular Member
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Posted: Wed Jun 17th, 2009 07:59 pm |
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Wel I can answer one for you there is no CC allowed anywhere in WI. As for OC they are just getting started here and don't have case law on much to back them up. I will let someone from WI give the low down on OC
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logan
Campaign Veteran
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Posted: Wed Jun 17th, 2009 08:11 pm |
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This is taken from a few threads down.
pvtschultz wrote: 1. NO CC, period.
2. NO firearmes within 1000' of a school (having knowlege of said school) except unloaded and encased. It is lawful to OC on PRIVATE PROPERTY (business parking lots) within the 1000' GFSZ. (SS 948.605)
3. No handguns in taverns or restaurants that sell alcohol for CONSUMPTION.
4. No OC/CC in a vehicle. Firearm must be unloaded, encased, and in the farthest "out of reach" location in passenger compartment. DO NOT PLACE HANDGUN AND CASE IN GLOVE BOX OR OTHER "CONCEALED" LOCATION!.
5. No firearms in public buildings (courthouses, city hall, etc.)
Most cities and counties have a ban on firearms in parks. This is generally accepted to be preempted by state statute but has not been pressed in the courts (yet). OC in a park at your own risk. You won't (shouldn't) be arrested and/or charged with DC any longer in WI. If stopped, turn on your digital voice recorder, and ask if you are free to leave (setting stage for lawful Terry stop).
Should help 
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EM87
Regular Member
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Posted: Wed Jun 17th, 2009 08:19 pm |
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autosurgeon wrote:
Well I can answer one for you there is no CC allowed anywhere in WI. As for OC they are just getting started here and don't have case law on much to back them up. I will let someone from WI give the low down on OC
Oh, duh. I didn't even think about checking the reciprocity map. Silly me. I find it quite irritating that there are some states that don't honor other state's CPLs. However, this isn't the time or place to complain about that.
Well I can answer one for you there is no CC allowed anywhere in WI.
WI doesn't even have its own concealed licensing system? No citizens can CC at all?
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Nutczak
Regular Member
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Posted: Wed Jun 17th, 2009 08:20 pm |
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Funny coincidence here, I am trying to get MI non-resident OC laws figured out.
So far I am finding that a Wisconsin resident cannot legally carry any firearm in MI unless they're hunting with an appropriate hunting license or at an established shooting range. And that sucks! The state of MI is denying my or any other WI residents 2A rights!
In WI, All out of state CC permits do not apply, there is no legal CC provisions in WI for anyone except retired and active law enforcement with proper permits issued by the state. Open-carry is our only legal option, the only qualifying item is your legal ability to own or possess a firearm at the federal level, basically if your legal in MI, you can O-C in WI.
You'll need to steer clear of school zones, that means no firearms within 1,000 feet of school property, not just the building. Unless they are fully unloaded and in a case specifically made to enclose a firearm, . Any government-owned buildings are also off-limits. With you being at the Oshkosh airport, I think your chances of being able to legally carry are pretty slim. I may be wrong though. Even if you find you can carry there, You will not be able to enter any buildings.
You cannot legally transport a loaded or uncased firearm in or on any motorized vehicle. Even if the chamber is empty, an inserted magazine placed in the firearm is also considered loaded. The case has to be specifically made for a firearm. A glove compartment or console is not a legal case even if the gun is unloaded. Due to conflicting laws and relevant case-law, there is also some suggestion that carrying a fully cased, unloaded firearm in the vehicles passenger compartment is illegal and should be kept in the trunk unloaded and in a fully closed case specifically made to house a firearm. Any place that sells alcohol for on-premise consumption is also off limits too. Just watch your method of transport, and make sure no part of your clothing accidentally covers the gun at any time and you should be good.
But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
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EM87
Regular Member
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Posted: Wed Jun 17th, 2009 08:24 pm |
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logan wrote:
This is taken from a few threads down.
pvtschultz wrote: 1. NO CC, period.
2. NO firearmes within 1000' of a school (having knowlege of said school) except unloaded and encased. It is lawful to OC on PRIVATE PROPERTY (business parking lots) within the 1000' GFSZ. (SS 948.605)
3. No handguns in taverns or restaurants that sell alcohol for CONSUMPTION.
4. No OC/CC in a vehicle. Firearm must be unloaded, encased, and in the farthest "out of reach" location in passenger compartment. DO NOT PLACE HANDGUN AND CASE IN GLOVE BOX OR OTHER "CONCEALED" LOCATION!.
5. No firearms in public buildings (courthouses, city hall, etc.)
Most cities and counties have a ban on firearms in parks. This is generally accepted to be preempted by state statute but has not been pressed in the courts (yet). OC in a park at your own risk. You won't (shouldn't) be arrested and/or charged with DC any longer in WI. If stopped, turn on your digital voice recorder, and ask if you are free to leave (setting stage for lawful Terry stop).
Should help
Oh boy. It looks like I won't be carrying at all on this trip... too risky, especially at the airshow I'm going to. That's disappointing to say the least. Thanks for the post, I appreciate the information!
(And disregard the last question in my previous post.)
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EM87
Regular Member
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Posted: Wed Jun 17th, 2009 08:30 pm |
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Nutczak wrote:
But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
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Nutczak
Regular Member
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Posted: Thu Jun 18th, 2009 02:46 am |
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EM87 wrote: Nutczak wrote:
But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
there is no registration, licensing, or permission asking required to own and/or possess a firearm in WI, the closest we come to that is the NICS check when buying a firearm from a licensed dealer.
I have spent several hours of my time trying to find MI laws to verify I am legal in MI to open-carry when I am visiting the U.P. I have also spoke to the MSP about this and they tell me that I cannot, but they cannot come up with a statute stating that I cannot be armed in MI.
Everything always goes back to CCW and permitting from a home state. My argument that if Open-carry is legal for MI residents without any permits, and for non-residents having their CCW provisions, then why would it restrict people visiting from WI from exercising the same right? And immediately everyone I spoke to jumped to Concealed carry and/or a CPL (MI Concealed pistol License) All I want to do is carry my sidearm openly while I am picking friggin blueberries up there!! but becuase WI does not have CCW, this is the only prohibiting factor for me to carry openly in MI/
How F'ed up is that?!!!
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Pointman
Regular Member
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Posted: Thu Jun 18th, 2009 08:24 am |
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You can carry at the air show, but if you're arrested you'll have to come back to WI to fight it. We have no permit system, therefore no reciprocity for MI permits. The only requirements are you're not a prohibited person (like a felon or mentally deficient) and you can't carry in a prohibited place (like a school zone, car, or bar). Our laws aren't always enforced properly, so expect the police to do as they please.
My understanding is WI residents can't carry in MI because there is no method for their guns to be inspected, which is a requirement in MI for a MI permit holder. Out of state permit holders don't have that requirement (they're smarter, or something), but it has to be a home-state permit. WI doesn't have permits, so it's a no-go. I hear the MI legislature is trying to change that because they feel MI residents are as smart as out-of-state folks, but it hasn't passed yet, perhaps because they're actually not as smart as "normal people," evidenced by the fact they can't figure out how to turn left safely.
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NOTE: I'm not an attorney, and this ain't legal advice. The jabs at MI people being less intelligent than everyone else are in fun and because MI is a "nanny state" like WI, but with much nicer beaches.
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Generaldet
Regular Member
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Posted: Mon Jun 22nd, 2009 08:43 pm |
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I'm also making the Trip to Badger country for Summerfest, looks like I'll be leaving my guns at home too. 
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Pointman
Regular Member
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Posted: Tue Jun 23rd, 2009 09:57 am |
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| If you want to be safe during Summer Fest you avoid Summer Fest. There are so many people that if you did have to shoot in self-defense it would be near impossible to not hit a drunken by-staggerer.
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Passive101
Regular Member
| Joined: | Tue Oct 21st, 2008 |
| Location: | |
| Posts: | 60 |
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Offline
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Posted: Fri Jun 26th, 2009 07:38 pm |
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MI just recently dropped the inspection required on firearms.
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Pointman
Regular Member
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Posted: Fri Jun 26th, 2009 08:31 pm |
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I give them credit for backing off the nanny-state approach; if only we could do the same in Wisconsin.
Next they need to honor all out-of-state permits.
http://www.handgunlaw.us/states/michigan.pdf:
Michigan honors all Resident Permit/Licenses. No Non-Resident Permits/Licenses are honored.
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DrTodd
Regular Member
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Posted: Tue Jul 14th, 2009 08:02 pm |
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Nutczak wrote:
EM87 wrote: Nutczak wrote:
But hey, at least you can open-carry here, that's more than what a WI resident can do in MI!
As far as I know, if the firearm is legally registered to you, you can OC it in MI. However, I don't know if it has to be registered in MI, or if it can be registered anywhere. If you've been looking into this, then you probably know more than I do. That's really too bad. Thanks for the info!
there is no registration, licensing, or permission asking required to own and/or possess a firearm in WI, the closest we come to that is the NICS check when buying a firearm from a licensed dealer.
I have spent several hours of my time trying to find MI laws to verify I am legal in MI to open-carry when I am visiting the U.P. I have also spoke to the MSP about this and they tell me that I cannot, but they cannot come up with a statute stating that I cannot be armed in MI.
Everything always goes back to CCW and permitting from a home state. My argument that if Open-carry is legal for MI residents without any permits, and for non-residents having their CCW provisions, then why would it restrict people visiting from WI from exercising the same right? And immediately everyone I spoke to jumped to Concealed carry and/or a CPL (MI Concealed pistol License) All I want to do is carry my sidearm openly while I am picking friggin blueberries up there!! but becuase WI does not have CCW, this is the only prohibiting factor for me to carry openly in MI/
How F'ed up is that?!!!
What you may want to try is to get a copy of your Wisconsin
DOJ check that was done for the purchase of your handgun in Wisconsin. I think this may be able to be used as a license/permit to purchase. Or, you could open-carry a nice black-powder pistol or long arm, as these do not need to be registered.
Alternatively, you could look at getting a Michigan ID card, which allows you to get a pistol license. The problem there is that getting it into the state appears to be a legal problem. Or, you could get a Florida Concealed weapons permit (just requires a hunter's safety course anywhere) and submit a Declaration of Domicile in Florida, which shows you are a resident there. Remember, Michigan legally has no power to declare you a resident of anywhere but Michigan, only the state in which you choose to declare residency does.
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