Caller: What is the definition of the word threatened? What does it mean? When can you pull the gun?
If a person is carrying concealed, they will be more likely to use a gun to protect themselves.
There are two elements to self defense. The first is that you sincerely believe that you are in a situation in which you will be killed, nearly killed or very seriously injured. The second is that your belief that you were at great risk was reasonable under the circumstances.
The type of situation then that might give rise to that type of situation for pulling the gun is one in which there is eminent danger such that you believe you will be killed or gravely injured. It means that your life, or the life of someone else in your presence, is in immediate deadly danger.
Every person in possession of a concealed weapon should have a number handy of a criminal defense lawyer who is experienced in both defending people against criminal charges and with Wisconsin's various gun laws so that you can call them if ever you should use your gun to protect yourself.
Showing posts with label Carrying Concealed Weapon. Show all posts
Showing posts with label Carrying Concealed Weapon. Show all posts
Friday, November 4, 2011
Carrying Concealed Weapon Law & Protecting Family, Home & Property
Caller: Can I use a gun to protect my family in my home and my property with the new CCW law?
Let’s break that down into two questions. First, does the new concealed carry law allow you to protect your family in your home?
You have always had a right to protect your loved ones in your home. If you are in your home, and someone puts you into a situation in which you believe your life or the life or lives of your family are in peril, in very immediate danger of death or very serious bodily injury, and your beliefs are reasonable under the circumstances, you have a right to defend yourself or another.
Under Wisconsin law, your right to defend yourself by use of up to blunt force is extended to those people in your presence whom are in the same danger. Be careful in how you read this, and know that it is not legal advice. If you are in a situation in which your wife's life, for example, who is lying in bed next to you, or your daughter's life who is in bed in the room across the hall, and a person has placed their lives in immediate danger by pointing a weapon at them with an apparent intent to take their life, your right to defend yourself extends to your right to defend them.
If you are in your home and your home is surrounded by a dozen people even if they are carrying guns, you wouldn't open fire on them; you would call 911. Twelve to one odds are just not good odds to hope to protect yourself against them.
And second, does the new law allow you to protect your property?
Your property includes your home and the land surrounding it, as well as any real or personal items on it. So, your question is if the new law allows you protect personal and real property?
Clearly, the new law isn’t meant to encourage people to patrol their property and shoot anyone that crosses the line, and it isn’t meant to encourage folks to take up weapons to resolve conflicts. The best way to resolve conflicts is to talk through them. It also isn’t wise to brandish a handgun without cause.
The intent of the new law is to allow people to carry a weapon on their person or in their proximity to protect themselves if the situation arises, and we all hope it won’t arise for anyone.
Helpful information:
Self defense
Criminal property damage
Self defense is an affirmative defense, which means that it is an omission to having committed murder which you claim to be a justifiable homicide.
Let’s break that down into two questions. First, does the new concealed carry law allow you to protect your family in your home?
You have always had a right to protect your loved ones in your home. If you are in your home, and someone puts you into a situation in which you believe your life or the life or lives of your family are in peril, in very immediate danger of death or very serious bodily injury, and your beliefs are reasonable under the circumstances, you have a right to defend yourself or another.
Under Wisconsin law, your right to defend yourself by use of up to blunt force is extended to those people in your presence whom are in the same danger. Be careful in how you read this, and know that it is not legal advice. If you are in a situation in which your wife's life, for example, who is lying in bed next to you, or your daughter's life who is in bed in the room across the hall, and a person has placed their lives in immediate danger by pointing a weapon at them with an apparent intent to take their life, your right to defend yourself extends to your right to defend them.
If you are in your home and your home is surrounded by a dozen people even if they are carrying guns, you wouldn't open fire on them; you would call 911. Twelve to one odds are just not good odds to hope to protect yourself against them.
And second, does the new law allow you to protect your property?
Your property includes your home and the land surrounding it, as well as any real or personal items on it. So, your question is if the new law allows you protect personal and real property?
Clearly, the new law isn’t meant to encourage people to patrol their property and shoot anyone that crosses the line, and it isn’t meant to encourage folks to take up weapons to resolve conflicts. The best way to resolve conflicts is to talk through them. It also isn’t wise to brandish a handgun without cause.
The intent of the new law is to allow people to carry a weapon on their person or in their proximity to protect themselves if the situation arises, and we all hope it won’t arise for anyone.
Helpful information:
Self defense
Criminal property damage
Self defense is an affirmative defense, which means that it is an omission to having committed murder which you claim to be a justifiable homicide.
Permits For Prior Law Enforcement Officers
Caller: Will I have an advantage in getting a concealed weapons permit because I have prior law enforcement training?
According to the State of Wisconsin Department of Justice website, prior law enforcement training is one of the criteria for proving that a person has had prior gun safety training.
Notably, there may be instances in which a person with previous law enforcement training might not be able to obtain a concealed carry permit.
According to the State of Wisconsin Department of Justice website, prior law enforcement training is one of the criteria for proving that a person has had prior gun safety training.
Notably, there may be instances in which a person with previous law enforcement training might not be able to obtain a concealed carry permit.
Accidental Death with Concealed Weapon Usage
Caller: What happens if you miss and do property damage or kill or injure another person?
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
Is an empty gun in a case concealed?
Caller: I have a question about concealed carry. If you have an empty gun in a case, is it still considered to be a concealed weapon if I am in a car with it or walking around with it? Is a fully encased and unloaded weapon still a concealed weapon?
Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are 'carrying a weapon' if it is within your proximity. Even fully disassembled weapon has been considered to be a weapon by the Supreme Court.
Notably, you might not want to cruise around with a gun on your front seat.
Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are 'carrying a weapon' if it is within your proximity. Even fully disassembled weapon has been considered to be a weapon by the Supreme Court.
Notably, you might not want to cruise around with a gun on your front seat.
Carrying Concealed in a Vehicle
Caller: Can I carry concealed in a vehicle?
If you have a license to carry a concealed weapon, it applies to carrying a concealed weapon in your vehicle.
Under Wisconsin laws, you can be charged with carrying a concealed weapon if you do not have a license to carry a concealed weapon and the weapon is concealed in your vehicle, in the glove box, under the seat, in the truck or on your person.
Wisconsin's Carrying a Concealed Weapon law does not apply to long guns or sawed off guns; it only applies to handguns and the right to carry a handgun in a concealed manner.
If you have a license to carry a concealed weapon, it applies to carrying a concealed weapon in your vehicle.
Under Wisconsin laws, you can be charged with carrying a concealed weapon if you do not have a license to carry a concealed weapon and the weapon is concealed in your vehicle, in the glove box, under the seat, in the truck or on your person.
Wisconsin's Carrying a Concealed Weapon law does not apply to long guns or sawed off guns; it only applies to handguns and the right to carry a handgun in a concealed manner.
Using Your Carrying Concealed Weapon License
Caller: If you have a CCW license, do you have to use the license when carrying?
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
Carrying Concealed Weapon: Use & Judges
Who decides who will judge you? The caller states, "If I use my concealed weapon, who will judge whether it was reasonable?"
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
Carry Concealed with Florida permit?
Can I carry concealed in the state of Wisconsin if I have a concealed carry permit from Florida?
No. According to the State of Wisconsin Department of Justice website, Wisconsin does not recognize permits from any other state. Any person who wishes to carry concealed within the state of Wisconsin must apply for, be granted and carry a permit issued by the state of Wisconsin before they carry concealed.
No. According to the State of Wisconsin Department of Justice website, Wisconsin does not recognize permits from any other state. Any person who wishes to carry concealed within the state of Wisconsin must apply for, be granted and carry a permit issued by the state of Wisconsin before they carry concealed.
Castle Doctrine & Concealed Carry
Caller: What is my castle? I live in low income housing and manage the complex. Is it the apartment complex I manage my castle? Can I carry concealed on the complex?
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Carrying and Using Concealed Weapon in Self Defense
Suppose I protect myself and shoot and kill an attacker? I assume the police will confiscate my firearm, and I'll be arrested. True?
After shooting, you would holster your weapon, call 911 and explain that there has been a shooting in which someone was attacking you and you were forced into a situation of self defense or be killed and you used your handgun to protect yourself; in the process of defending yourself, the attacker was shot and (injured/is believed to be dead/killed, depending on the situation).
In the situation in which you feel you did what you believed was right, if you can state the facts under the stress of the situation, then you would call 911.
The reality is that most people won't be able to state the facts of a very stressful situation after having shot and killed another person and not make statements or use wording that may get them charged with a crime. For example, if a person broke into a lawyers' home and the lawyer shot and killed the intruder, the lawyer would - without a doubt - call 911 and state the above information as it applied to the situation and then call his or her criminal defense attorney before answering any questions. Remember, EVERYTHING you say WILL BE HELD AGAINST YOU IN A COURT OF LAW.
Whether the police will confiscate your weapon will depend upon the situation. You should be prepared to have your weapon confiscated, and you should if you plan to carry concealed have the name and number of a criminal defense lawyer with you for situations such as this.
Live BLOGGING Vicki McKenna and Attorney Christopher T. (Chris) Van Wagner on WIBA. Join the streaming live talk show now at http://www.iheart.com/.
After shooting, you would holster your weapon, call 911 and explain that there has been a shooting in which someone was attacking you and you were forced into a situation of self defense or be killed and you used your handgun to protect yourself; in the process of defending yourself, the attacker was shot and (injured/is believed to be dead/killed, depending on the situation).
In the situation in which you feel you did what you believed was right, if you can state the facts under the stress of the situation, then you would call 911.
The reality is that most people won't be able to state the facts of a very stressful situation after having shot and killed another person and not make statements or use wording that may get them charged with a crime. For example, if a person broke into a lawyers' home and the lawyer shot and killed the intruder, the lawyer would - without a doubt - call 911 and state the above information as it applied to the situation and then call his or her criminal defense attorney before answering any questions. Remember, EVERYTHING you say WILL BE HELD AGAINST YOU IN A COURT OF LAW.
Whether the police will confiscate your weapon will depend upon the situation. You should be prepared to have your weapon confiscated, and you should if you plan to carry concealed have the name and number of a criminal defense lawyer with you for situations such as this.
Live BLOGGING Vicki McKenna and Attorney Christopher T. (Chris) Van Wagner on WIBA. Join the streaming live talk show now at http://www.iheart.com/.
Is Open Carry Legal?
Caller: Is open carry legal?
Open carry has always been legal. You have a right to carry openly. Keep in mind that you might violate DNR rules. The new concealed carry law does not apply to long or sawed off guns; it only applies to handguns.
But what happens if you are in a situation in which a disorderly situation arises? For instance, say that you have a weapon on your person in a public place and someone near you is offended by the sight of the gun and creates a disorderly situation. Under Wisconsin disorderly conduct laws, you may have created an 'other disorderly conduct' situation. You would then have to defend yourself against the disorderly conduct charges.
Attorney Christopher T. (Chris) Van Wagner was a guest on Vicki McKenna's Upfront Talk show on WIBA.
Open carry has always been legal. You have a right to carry openly. Keep in mind that you might violate DNR rules. The new concealed carry law does not apply to long or sawed off guns; it only applies to handguns.
But what happens if you are in a situation in which a disorderly situation arises? For instance, say that you have a weapon on your person in a public place and someone near you is offended by the sight of the gun and creates a disorderly situation. Under Wisconsin disorderly conduct laws, you may have created an 'other disorderly conduct' situation. You would then have to defend yourself against the disorderly conduct charges.
Attorney Christopher T. (Chris) Van Wagner was a guest on Vicki McKenna's Upfront Talk show on WIBA.
Carrying Concealed in Wisconsin with Iowa Permit?
Caller: I am a resident of Iowa, moving to Wisconsin. I have an Iowa permit. Can I carry concealed in Wisconsin with my Iowa permit? Under Iowa law, you can use your DD214; does that apply in Wisconsin?
Let's separate these questions.
Can a person with a permit to carry concealed from Iowa carry concealed in Wisconsin?
No. Wisconsin law requires a person who wishes to carry concealed in Wisconsin to apply for, be approved for and carry a license issued by the State of Wisconsin Department of Justice to carry a concealed weapon.
The State of Wisconsin Department of Justice has identified the states that require similar background checks. In the future, the Wisconsin DOJ may enter into reciprocity agreements with those states, but you should not rely upon rumor or websites to verify whether such privileges exist; everyone should check the laws of the state in which they wish to carry concealed.
Does a DD214 qualify one for a concealed carry license?
A DD214 is the form giving to people when they separate from a military position.
According to the State of Wisconsin Department of Justice website, one of the valid proofs of having completed gun safety training is a DD214. In cases where a DD214 is accepted as proof of having completed a gun safety training course, there are other background checks that must be conducted before an application is approved. Notably, there may be situations in which a DD214 will not suffice.
Helpful information:
State of Wisconsin Department of Justice website
Let's separate these questions.
Can a person with a permit to carry concealed from Iowa carry concealed in Wisconsin?
No. Wisconsin law requires a person who wishes to carry concealed in Wisconsin to apply for, be approved for and carry a license issued by the State of Wisconsin Department of Justice to carry a concealed weapon.
The State of Wisconsin Department of Justice has identified the states that require similar background checks. In the future, the Wisconsin DOJ may enter into reciprocity agreements with those states, but you should not rely upon rumor or websites to verify whether such privileges exist; everyone should check the laws of the state in which they wish to carry concealed.
Does a DD214 qualify one for a concealed carry license?
A DD214 is the form giving to people when they separate from a military position.
According to the State of Wisconsin Department of Justice website, one of the valid proofs of having completed gun safety training is a DD214. In cases where a DD214 is accepted as proof of having completed a gun safety training course, there are other background checks that must be conducted before an application is approved. Notably, there may be situations in which a DD214 will not suffice.
Helpful information:
State of Wisconsin Department of Justice website
Can I carry a concealed long gun?
Caller: Does a long gun on the rack in my truck constitute a gun under the concealed carry law?
Wisconsin's new concealed carry law does not apply to any type of long gun (including sawed off guns, shot guns, or rifles); the new law only applies to handguns.
Wisconsin's new concealed carry law does not apply to any type of long gun (including sawed off guns, shot guns, or rifles); the new law only applies to handguns.
Can I keep a loaded gun in my home?
Caller: Can I keep a loaded gun in my home?
Yes, the concealed weapon law didn't give you that right; you have always had that right.
The risk you take with a loaded gun in the home is that it may be used inappropriately, such as if children are present.
"Protect children from loaded weapons."
Yes, the concealed weapon law didn't give you that right; you have always had that right.
The risk you take with a loaded gun in the home is that it may be used inappropriately, such as if children are present.
"Protect children from loaded weapons."
Carrying Concealed Weapon on Business Premises
Caller: If I own a store and allow people to come in with concealed carries and someone gets shot, am I, as the business owner, liable for the shooting or killing? Am I responsible for searching people for concealed weapons to ensure they aren’t carrying?
If you didn’t do anything wrong, you would not have any liability.
Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you aren’t required to do so. You can also post a sign prohibiting concealed weapons, but you wouldn’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.
I, personally, would not attempt to search people for a concealed weapon.
Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?
So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.
Helpful information:
Ordinary care
Criminal negligence
Self defense
Attorney Chris Van Wagner was a guest on Vicki McKenna's Friday, November 4, 2011 show. They took questions from callers and Sigma One Group BLOGGed the answers live.
If you didn’t do anything wrong, you would not have any liability.
Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you aren’t required to do so. You can also post a sign prohibiting concealed weapons, but you wouldn’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.
I, personally, would not attempt to search people for a concealed weapon.
Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?
So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.
Helpful information:
Ordinary care
Criminal negligence
Self defense
Attorney Chris Van Wagner was a guest on Vicki McKenna's Friday, November 4, 2011 show. They took questions from callers and Sigma One Group BLOGGed the answers live.
Can Holdover Tenants Shoot Landlords Under Castle Doctrine?
More Blogging Live with Vicki McKenna and Attorney Christopher T. Van Wagner
Caller: Chris, you touched on the landlord situation, but I have more questions on it. If I have a problem tenant and give him a 10 day notice, and I go to inspect the property after giving proper notice, and he shoots me for going into his home, what is the situation there with the new Castle law?
First, the Castle Doctrine (Wisconsin Legislative Bill AB69) has not yet passed at the time of this broadcast, and Attorney Van Wagner has not read the bill in its entirety.
Under current Wisconsin law, your remedies do not include your own use of force against the tenant; you would have to call upon the Sheriff to assert your right to inspect the property.
A tenant has a legal right to be on the property until such time that the tenant's right to possess has ended; a tenant's right to hold possession can be extinguished by notice upon the date on which that right ends.
VWW is not a landlord-tenant law firm, but speaking from the criminal aspects of the question, a landlord shouldn't go into an apartment outside of law. If I had an apartment to show, I would ask permission to show the apartment and set a time to show it so that my visit wasn't a surprise.
Here you are asking if the holdover tenant can shoot you for entering the apartment without prior and proper notice to the tenant even if a holdover tenant. The answer would be no. There is nothing in current law that would protect the tenant if the tenant shot you if s/he knew that you were coming in to show the apartment.
If you know that the tenant is a problem person, taking any unnecessary risk such as entering the apartment without prior notice would be very risky on your part, and you do not have a right to protect that apartment as though it were your home and go in brandishing a weapon or even with a concealed weapon with an intent to use it.
Helpful information:
Self Defense Laws in Wisconsin
Carrying A Concealed Weapon License
Caller: Chris, you touched on the landlord situation, but I have more questions on it. If I have a problem tenant and give him a 10 day notice, and I go to inspect the property after giving proper notice, and he shoots me for going into his home, what is the situation there with the new Castle law?
First, the Castle Doctrine (Wisconsin Legislative Bill AB69) has not yet passed at the time of this broadcast, and Attorney Van Wagner has not read the bill in its entirety.
Under current Wisconsin law, your remedies do not include your own use of force against the tenant; you would have to call upon the Sheriff to assert your right to inspect the property.
A tenant has a legal right to be on the property until such time that the tenant's right to possess has ended; a tenant's right to hold possession can be extinguished by notice upon the date on which that right ends.
VWW is not a landlord-tenant law firm, but speaking from the criminal aspects of the question, a landlord shouldn't go into an apartment outside of law. If I had an apartment to show, I would ask permission to show the apartment and set a time to show it so that my visit wasn't a surprise.
Here you are asking if the holdover tenant can shoot you for entering the apartment without prior and proper notice to the tenant even if a holdover tenant. The answer would be no. There is nothing in current law that would protect the tenant if the tenant shot you if s/he knew that you were coming in to show the apartment.
If you know that the tenant is a problem person, taking any unnecessary risk such as entering the apartment without prior notice would be very risky on your part, and you do not have a right to protect that apartment as though it were your home and go in brandishing a weapon or even with a concealed weapon with an intent to use it.
Helpful information:
Self Defense Laws in Wisconsin
Carrying A Concealed Weapon License
Attorney Chris Van Wagner Guest on Vicki McKenna's Upfront Talk
Attorney Christopher T. (Chris) Van Wagner will be on WIBA with Vicki McKenna at 5 PM today talking about Wisconsin's Carrying Concealed Weapon law and cautions you should take if you should be stopped by police while carrying concealed. You can listen live on WIBA at http://www.wiba.com/main.html. Great BLOG Post at http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html.
WIBA-AM
www.wiba.com
News/Talk 1310..
To read all of the live BLOG posts from the show, select Carrying Concealed to the right.
WIBA-AM
www.wiba.com
News/Talk 1310..
Prudent Cautions When Carrying A Concealed Weapon
CCW: Carrying A Concealed Weapon - Wisconsin Law
On November 1, 2011, Wisconsin joined 48 other states in becoming a concealed carry gun law state. All Wisconsin residents who wish to carry a concealed weapon in Wisconsin MUST have a Wisconsin Concealed Carry License, even if that individual holds a valid concealed carry license from another state (DOJ).
Carry Concealed Weapon Licenses
The Concealed Carry Application Form is available online. See DOJ site for printing instructions.
Applicants are required by Act 35 to provide proof of firearms safety training, such as the hunter education program established under Wisconsin Statute 29.591 or a similar program, or an valid (not revoked) concealed carry license from another state or jurisdiction, or proof of military, law enforcement or security firearms training, or a Department of Justice Firearm Safety Course certificate issued by a DOJ certified instructor, or a firearms safety or training certificate.
The Wisconsin Department of Justice (DOJ) estimates that it will issue a minimum of 100,000 permits in 2011, and approximately 50,000 in 2012.
Individualized Prohibitions to Concealed Weapons Property owners and lease holders may declare prohibitions of concealed weapons on their premises. Many businesses throughout the state of Wisconsin have already taken a position on the question of whether or not a person may carry a concealed weapon on the premises, so you should look for postings on the front door such as, "Concealed Weapons Prohibited", as well as signs stating, "Warning: Concealed Weapons carried on these premises" or similar wordings.
In some situations, there may be contradictory permits and prohibitions of carrying concealed weapons. For example, The Senate wants to prohibit concealed carry in its galley, but visitors to the Assembly would be permitted to carry concealed weapons.
If you are carrying a concealed weapon in an area which does not prohibit doing so, and you need to enter an area that does prohibit carrying of a concealed weapon, you may not enter the prohibited zone with the concealed weapon on your person or in your proximity.
In your proximity means that you can reach it. Reaching it can mean by exerting minimal effort, such as if the gun is located in the back seat of a car and you need to get out of the driver's seat and reach it by opening the back door. 'In your proximity' also includes your glove box of a vehicle, as well as the satchels on the back of a motorcycle. Carrying a weapon on your person falls under the rules for carrying the weapon concealed: if carrying concealed is prohibit on the premises, then one may not carry a weapon exposed on their person such as on a hip belt.
Carrying Concealed Weapon In Another State
The State of Wisconsin Department of Justice has identified the other states that conduct similar background checks and administrate similar rules to those of Wisconsin, and for which they will accept a non-revoked concealed weapon license as part of the application process for those wishing to obtain a license to carry concealed in Wisconsin. Those states are:
Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, and the U.S. Virgin Islands.
Notably, a Wisconsin resident must have a Wisconsin concealed Carry license to carry in Wisconsin, even if that person holds a valid concealed carry license from another state. The Wisconsin Department of Justice may form reciprocity agreements with other states, in which instance a Wisconsin license to carry a concealed weapon would be honored by another state or another state's license would be honored by Wisconsin without a separate Wisconsin license, but those reciprocity agreements have not yet been established and nobody should rely upon rumor, websites or any other unofficial material.
Whether or not a resident of Wisconsin may also carry concealed in another state depends entirely on the laws of that state. A Wisconsin Carry Concealed Weapon license holder should always check with the other state in which they want to carry concealed on the most current laws of that state.
Concealed Weapon Used In Self Defense
Previously, a self defense article was posted in this BLOG.
Like most responsible armed citizens, you are unlikely ever to need the services of a Criminal Defense Attorney. Nonetheless, if you should ever feel the need for our help, due to a police contact, the best things to do include the following:
- Respectfully decline to answer any questions unless & until you contact your attorney. This is your right. Assert it.
- Be respectful & cooperative if police have a search warrant, but respectfully & expressly decline to give consent to any search of any place, any thing or any vehicle. This too is your right but is always better to say it, so that your failure to do so cannot be interpreted as tacit assent or consent to any search.
- Call us promptly & formally retain us to represent you in regard to any such investigation. This not just your right but it is also just plain smart. Unfortunately, at least in regard to police investigations of firearms, it is NOT necessarily true that "good things come to those who wait."
The best way to reach us, regardless of the time or day, is to call our main telephone number, (608) 284-1200 or toll free at 1-866-262-4599. And feel free to forward a link to this page or our website, http://www.vanwagnerwood.com/, along with our contact information, to anyone else who you think might have similar concerns.
Helpful Online Information:
Attorney Christopher T. (Chris) Van Wagner
Wisconsin Criminal Defense Lawyers
Concealed Carry License Application
Concealed Carry Law 2011 Wisconsin Act 35
Concealed Carry Senate Bill history
Summary & History of States with Concealed Carry Provisions
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