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.

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.

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:

1. Respectfully decline to answer any questions unless & until you contact your attorney. This is your right. Assert it.


2. 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.


3. 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

Van Wagner & Wood

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

Felon In Possession Laws

Felony Conviction & Firearm Hunting

Q: If I have been convicted of a felony, can I still buy a hunting license in the state of Wisconsin, and hunt during the 2011 deer season?

If you are asking if you can rifle hunt deer, the answer is no; however, you can hunt deer with a long bow and arrow, recurve bow, compound bow or composite bow. Crossbows are illegal in the State of Wisconsin, with an exception for handicapped people.

A person with a felony conviction is legally able to purchase a hunting license in the State of Wisconsin even though they cannot hunt with a gun, nor tag a deer, bear or other game that has been killed with a gun.

More short hunting answers:

• Can a convicted felon buy a hunting license? Yes.


• Can a convicted felon possess a rifle, handgun or muzzleloader? No.


• Can a convicted felon join a hunting group? No.


• Can a convicted felon use a bow and arrow to hunt? Yes.


• Can a convicted felon hunt? Yes, so long as he or she does not possess a firearm to do so.


• Can a convicted felon hunt deer? Yes, but not with a firearm (only with a bow & arrow).


• Can a convicted felon hunt with a compound bow? Yes, during bow & arrow season.


• Is a BB gun a firearm? No; BB guns are expressly excluded by Wisconsin legislation as firearms.

Under Wisconsin laws, it is illegal for a felon to possess a firearm, or for any person to provide a felon with a firearm. Wisconsin Statute 941.29(2) expressly prohibits any person who has previously been convicted of a felony offense in any state from possessing a firearm at any time, for any purpose, while in the state of Wisconsin.

A felon is a person who has previously been convicted of any felony offense in this or any other state. A felony conviction includes being found guilty of a felony at trial, pleading ‘guilty’ to a felony offense, and pleading ‘no contest’ to a felony charge and being found guilty of a felony. Additionally, if you plea bargained for a lesser offense, and the lesser offense was a felony, it is still a felony conviction.

A felony conviction in another state equally prohibits that felon from hunting in Wisconsin.

Helpful information:

• Felon Possession Firearm, Wisconsin Statute 941.29(2)


• Wisconsin Hunting Laws, Rules & Regulations


• Felon Firearm Possession In Other States


• BB Guns


• Wisconsin No Firearm School Zone

Hunting, Fishing & Trapping Licenses

• Licensing Requirements


• Armed Forces Privileges


• Antlerless Deer (Bonus) Carcass Tag Availability


• Bow Hunter Safety Education Certification


• Conservation Patron License Nonresident


• Conservation Patron License Resident


• CWD Carcass Tag Agents


• DNR Service Center Locations


• Duplicate Safety Education Certificate


• Earn a Buck Prequalification


• Fishing Regulations


• Hunting and Fishing License Fees and Information (Resident)


• Hunting and Fishing License Fees and Information (Non-Resident)


• Hunting Regulations


• Hunter Safety Education Certification


• Licenses and Permits for People with Disabilities


• License Sales Locations


• Safety Education Instructor Certification


• Hunting & Trapping Seasons Dates


• Setline and Bank Pole Licenses


• Trapper Education Certification


• Trapping Information

OWI Initial Appearance Hearing

Appearance Not Required

I’ve been charged with a misdemeanor, and my initial hearing is coming up. Will I need to appear in court? By the way, it was a drunk driving third offense.

Under Wisconsin law, an attorney can appear on behalf of his or her client on a misdemeanor charge at the initial hearing if the client gives written permission. An OWI 3rd offense is a misdemeanor although there is now-pending legislation that would make a third OWI a felony in Wisconsin.

At Van Wagner & Wood, our attorneys always appear on behalf of our clients at the initial hearing in misdemeanor cases.

Attorneys cannot appear at the initial hearing in the place of a person who has been charged with a felony offense. A person charged with a felony must appear in court for all hearings unless specifically excused by the court.

Helpful information:
Wisconsin Drunk Driving Defense
Criminal Trial Procedures
Misdemeanor Offenses
Felony Offenses

Amber Alerts

What Should You Do in Case of an Amber Alert?

J.B. Van Hollen, Wisconsin Attorney General, provides a website about steps to take to help with an amber alert. http://amberalertwisconsin.org/content/whatdo.asp

Sign Up For Amber Alerts

Amber Alerts are available on the web (at http://www.amberalertwisconsin.org/default.asp) and can be added to cell phones (at https://www.wirelessamberalerts.org/index.jsp).

The Wisconsin Clearinghouse for Missing and Exploited Children and Adults is available online (at http://www.missingpersons.doj.wi.gov/).

The National Center For Missing & Abducted Children is available online (at http://www.missingkids.com/).

Sexual Exploitation

A special section about sexual exploitation of children is available online (at http://www.missingkids.com/missingkids/servlet/ResourceServlet?LanguageCountry=en_US&PageId=1442).

Sexual Assault

Definitions of the crime of sexual assault of a minor child, penalties.

Jurors In Mark Jensen Murder Trial Return Guilty Verdict

The jurors in the Mark Jensen trial returned their verdict: murder. Mark Jensen was convicted of First Degree Intentional Homicide, a Class A Felony in the state of Wisconsin punishable by a mandatory life sentence to prison.

Under Wisconsin's sentencing laws, Jensen may be eligible for parole after serving at least 20 years. Parole is at the court's discretion.

Triple Murder Charges Filed

One Year After A Triple Murder, Charges Are Filed

One year ago, on January 11, 2007, a triple murder took the lives of three people at their Janesville, Wisconsin home. Today, charges were filed against a suspect.

When charges lagged and were not immediately filed after the killing, the public began asking questions. As the weeks passed, many people were very upset over the district attorney's failure to file charges. In a Madison TV 3000 special segment, we discussed the burden of proof in a criminal trial, and compared that to the burden of proof required for an arrest. (The Burden of Proof - Beyond A Reasonable Doubt)

Today, the focus is on a one year delay in criminal charges. Why do prosecutors delay charging a person? What happens in the time between the crime and the date on which criminal charges are filed against a suspect?

In some instances, prosecutors choose to delay charges for a particular reason. While in other instances, a delay may be caused by some circumstance outside of the prosecutor's control. It could never be said that the act of filing charges on the one year anniversary date of a crime is not without impact, or that charges filed on the fifth anniversary of a crime send a very different message.

In some cases, a delay is a legal strategy, but most delays are caused by circumstances beyond the prosecutor's control such as when criminal records are not readily available, or the crime lab is backed up (see Wood Speaks Out On Criminal Lab Delays).

Whether criminal charges are filed immediately, the single most important factor to keep in mind is that everyone is innocent until proven guilty. Whether a prosecutor is quick to file charges or waits to file charges for some certain event to occur should not be construed as an inference of guilt or innocence.

Helpful information:
Wisconsin Criminal Trials - Proceedings explains the criminal trial process and jury selection
Wisconsin Circuit Court Access provides access to some circuit court records including criminal charges, arrests, and convictions
WIBA - Madison 1310
Wisconsin Statutes
Wisconsin Circuit Courts

What is an illegal act?

What is an illegal act?

An illegal act is any action proscribed by law. In other words, in order for an act to be a crime, and therefore an illegal act, it must be prohibited under the laws of the state (or federal government), and there must be a penalty provided by law if someone is convicted of committing that act. If the law does not prohibit the act, theoretically then it is not a crime.

However, Wisconsin law has a catch-all statute that provides that if some act is not proscribed by law, but it nevertheless wronged another person or society, the state government can still prosecute the person for committing that act. On the other hand, it is unconstitutional for a person to be charged criminally for any act that is not proscribed by law, properly written as law and communicated to the public at large.

Each state is responsible for its criminal code. The legislature can make whatever law it elects.

Helpful information:
Criminal Law Overview

O. J. Simpson - If Charged Under Wisconsin Law

Perhaps very similar to the laws of Nevada where O. J. Simpson was arrested on multiple felony counts for robbery and assault with a deadly weapon, under Wisconsin law, O. J. would face felony charges.

Under Wisconsin law, a robbery charge is a felony. The felony classification is determined by the type of force used during the robbery. If a deadly weapon is used, the felony is a Class C; otherwise, it is a Class E.

Helpful information:
Robbery - Wisconsin Law Statute 943.32
Felony Classification Under Wisconsin Law
Possible Wisconsin Felony Penalties - Jail, Fine, Probation