Saturday, September 22, 2012

Part of Wisc. open carry law - wrong?

A part of Wisconsin's open-carry law may be seriously wrong. Illegal? Unconstitutional?

Wisconsin has had an open-carry law on its books for years. This means that a person, who is not otherwise prohibited from possessing a loaded handgun, can carry that gun "openly", such as in a holster on his belt unconcealed by a shirt or jacket. It has to be in the open.
 
When I read the law last year, before the new concealed-carry law went into effect in Wisconsin in November 2011, I was particularly concerned about a driver or occupant of a motor vehicle who might be wearing a gun openly. A close reading of the law revealed that it wouldn't be in the "open", after all. Carrying it "openly" in a motor vehicle was not permitted.

What about on a motorcycle, where it would be clearly visible? Probably illegal, because a motorcycle is a motor vehicle.

From the NRA's magazine, America's 1st Freedom (October 2012 issue, Page 14), comes this information.

"In late July, a Milwaukee police officer testified in court that "her training told her that presence of NRA gear makes it more likely the person might have a gun," according to the Milwaukee Journal Sentinel. The officer looking into a parked car and, seeing an NRA hat, investigated further and found the driver had a firearm in a holster. The officer claimed the gun was concealed, but a jury agreed the gun was being carried openly and found the owner not guilty." (Emphasis in the original.)

So, even though State law said it was illegal, the jury decided that it wasn't illegal.

Now, before you run off to Wisconsin and strap on the ol' Buntline special right after you cross the State line, keep in mind that this was the result in one case, in Milwaukee, with specific details and circumstances. It won't apply elsewhere in the State of Wisconsin or with a different type of weapon or holster or vehicle.

Know the law. You might not be lucky enough to get a jury that is similarly minded. I wonder just how much it cost the gun-owner to defend himself.

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