Thanks for the report SAM.
I’m new to WI and was curious about the laws here regarding carrying. I understand that there is no concealed carry permitted, but I didn’t know about open carry. Is a permit required? There is no registration requirement as far as I could tell.
Well this is the reason why this case is important.
The WI Constitution says the only legal way to carry a firearm is out in the open. There is no concealed carry. Concealed carry has been rejected because of teh fact we have open carry, and therefore there is no need to carry concealed.
The problem is that the state Constitution says if you carry, you must do so in the open. However depending on your city or area’s law officers, they may be fine with it, or they may not and arrest you on disorderly conduct or disturbing the peace. They cannot arrest you for for carrying a firearm openly, because that would be unconstitutional, but they technically get you on an ordinance violation, but the end result of this is a de facto arrest for carrying a gun, because it’s carrying the gun that makes you disorderly.
So in certain areas of WI a local ordinance or law can allow police (if they are afraind of citizens using their 2A rights) to take away that 2A right if someone complains or if they see you and they themselves consider you dangerous or disorderly because you are wearing a firearm. It ends up giving you no legal way to carry a gun (you can’t carry concealed, and if you carry open you’re arrested) and that violates the WI constitution.
Open carry is legal in WI, but be prepared to be arrested for disturbing the peace, as in this case. Particularly in urban areas.