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Old February 25, 2009, 03:03 PM   #16
ssilicon
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Join Date: May 5, 2005
Posts: 459
Quote:
I could understand this if he was walking down the street, but being in his own yard baffles me. He wasn't brandishing this gun, it was in his holster and he was in his yard. Unreal.
I am not a lawyer, but I did stay a a Holiday Inn Express last night.... actually I can read plain English and read the statutes. Anyway, with that caveat out of the way...

It is completely lawful to walk down the street that way also, just as in your own yard. Wisconsin has a preemtion clause which states that lower order governments cannot restrict firearms in a way that is more restrictive than state law. According to the LAW in WI, about the only thing lower order govenrment units can do is ban "discharging" a firearm within city limts etc. State law only prohibits CONCEALED carry of weapons (including knives with blades over 3 inches etc.). The WI constitution is somewhat modeled after the USC and has a keep and bear arms clause. Since conceled bearing of arms is outlawed, then OPEN carry of arms MUST be allowed or else the state consitution is being violated.
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