Legal Question in Criminal Law in Wisconsin

What are the legal ramifications for carrying a UNconcealed ASP baton (collapsable baton) in Wisconsin. Do you need a permit? How do you get one if needed? If one were strapped to your leg while on a motorcycle would that cause any problems with Wisconsin/Motor Vehical laws?

Asked on 1/27/10, 4:22 pm

1 Answer from Attorneys

Jay K. Nixon NIXON LAW OFFICES
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Regardless of the legalities of openly carrying this or any other weapon, WI has an extremely broad disorderly conduct statute which prohibits any conduct under circumstances which are "likely to provoke a disturbance." If a DA can prove this to a jury beyond any reasonable doubt, you could be convicted and fined up to $1,000.00 and/or imprisoned for up to 90 days for each behavior. Many municipalities also have unique weapons ordinances of doubtful constitutionality which are often enforced against persons who carry weapons openly at "the wrong place and the wrong time" in the opinion of a police officer. The only way to find out for sure if such laws violate your second amendment constitutional rights is to litigate them fully through the court system. Win, lose or draw, this could prove to be a very expensive proposition for you. My comments here are not intended as legal advice except in the extremely limited fashion outlined in your agreement with law guru, which does not limit me from representing opposing interests against you (particularly since I do not even know the name of the adverse party. My response here is therefore not intended to create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.

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Answered on 2/01/10, 6:37 pm

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