Open Carry Laws--On Swords

[Swordsman_Dan]

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Pretty much, my forum name says it all. I'm more of a fan of bladed weapons as opposed to firearms, but finding any information about whether or not open carry of blades is legal is proving very challenging.

This link ( http://knife-expert.com/wi.txt) seems to indicate that as long as the sword isn't concealed, it's legal.

This link ( http://www.handgunlaw.us/documents/USKnife2.pdf, scroll down to Wisconsin) seems to indicate that any blade over 3" in length is illegal. Is this only referring to concealed blades, or all blades?

You guys know all about wanting to own a weapon for self-defense. And I know a lot of you have hands-on experience with weapons laws. Iknow these aren't the firearm laws you have the most experience with, but I'm hoping someone has some information to help me out.

Best Regards,
Dan

 

[Master Doug Huffman]

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Very often the prohibition is against "dangerous weapons".

Here is a link URL to all Wisconsin Statutes and Administrative Regulations

http://www.legis.state.wi.us/rsb/stats.html

http://opencarry.mywowbb.com/forum1/1.html:

11) This web site is focused on the right to openly carry properly holstered handguns in daily American life. Do not start OFF TOPIC threads or discussions such as promoting the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the folks on this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry.

 

[Swordsman_Dan]

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Mmm, my apologies. Feel free to have an admin delete this thread if it's off topic. Thanks for the link.

 

[Shotgun]

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Sword and other knives-- other weapons of any sort, for that matter-- are largely subject to local restrictions as to whether you can carry them. Statewide there are few restrictions, but there a some, e.g. Chapter 948.61 "Dangerous weapons other than firearms on school premises."

 

[Dustiniac]

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Its not exactly off topic. Unless there is an open carry forum for swords, you did come to the best place you could find. I apologize for the reaction you got .

 

[paul@paul-fisher.com]

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Dustiniac wrote:

Its not exactly off topic. Unless there is an open carry forum for swords, you did come to the best place you could find. I apologize for the reaction you got .

While I don't mind that it is off topic, it is off topic as the forum rules that Doug mentioned above.

 

[Master Doug Huffman]

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Searching on "blade" ...

§ 941.24 Possession of switchblade knife. (1) Whoever
manufactures, sells or offers to sell, transports, purchases, possesses
or goes armed with any knife having a blade which opens
by pressing a button, spring or other device in the handle or by
gravity or by a thrust or movement is guilty of a Class A misdemeanor.
(2) Within 30 days after April 16, 1959, such knives shall be
surrendered to any peace officer.
History: 1977 c. 173.

Only on point mention of "blade" in my copy of the statutes. There are two mentions of a case with "Blade" as the name.

Searching on "knife" ...

§ 940.08 Homicide by negligent handling of dangerous
weapon, explosives or fire. (1) Whoever causes the death of
another human being by the negligent operation or handling of a
dangerous weapon, explosives or fire is guilty of a Class G felony.
(2) Whoever causes the death of an unborn child by the negligent
operation or handling of a dangerous weapon, explosives or
fire is guilty of a Class G felony.
History: 1977 c. 173; 1985 a. 293; 1987 a. 399; 1997 a. 295; 2001 a. 109.
Judicial Council Note, 1988: The definition of the offense is broadened to include
highly negligent handling of fire, explosives and dangerous weapons in addition to
firearm, airgun, knife or bow and arrow. See s. 939.22 (10). [Bill 191−S]
The common law “year−and−a−day rule” that no homicide is committed unless the
victim dies within a year and a day after the injury is inflicted is abrogated, with prospective
application only. State v. Picotte, 2003 WI 42, 261 Wis. 2d 249, 661 N.W.2d
381, 01−3063.

See § 941.24 above.

§ 134.71 on Pawnbrokers.

§ 904.04 Character evidence not admissible to prove conduct; exceptions; other crimes. A comment in the annotations.

§ 906.13 annotation repeats the comment.

§ 948.61 Dangerous weapons other than firearms on school premises.
[ ...]
(3) This section does not apply to any person who:
[ ...]
(f) Possesses or uses a bow and arrow or knife while legally
hunting in a school forest if the school board has decided that hunting
may be allowed in the school forest under s. 120.13 (38).

Searching on "sword" ... no on point mention.

 

[Kondreckus]

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941.24 Possession of switchblade knife. (1) Whoever
manufactures, sells or offers to sell, transports, purchases, possesses
or goes armed with any knife having a blade which opens
by pressing a button, spring or other device in the handle or by
gravity or by a thrust or movement is guilty of a Class A misdemeanor.

Wisconsin wording on this is very odd to me.......

SO......if I'm understanding this correctly....carrying of any and all knives regardless of size..shape...length..Etc...is illegal.....?????

As it takes movement (of some kind) to deploy any knife.

Hmmmmmmmmmmmm....??????

 

[Shotgun]

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Kondreckus wrote:

941.24 Possession of switchblade knife. (1) Whoever
manufactures, sells or offers to sell, transports, purchases, possesses
or goes armed with any knife having a blade which opens
by pressing a button, spring or other device in the handle or by
gravity or by a thrust or movement is guilty of a Class A misdemeanor.

Wisconsin wording on this is very odd to me.......

SO......if I'm understanding this correctly....carrying of any and all knives regardless of size..shape...length..Etc...is illegal.....?????

As it takes movement (of some kind) to deploy any knife.

Hmmmmmmmmmmmm....??????

It doesn't say "movement to deploy" it says "having a blade that opens.... by gravity or by a thrust or movement." Fixed blade knives don't open at all. But you're right, they do need to clean up the language because similar verbage has been misinterpreted to include a balisong or butterfly knife as a "gravity knife" in some jurisdictions. Only someone ignorant of knives would classify a balisong as a gravity knife, but then legislators are generally ignorant of knives-- and a whole lot more.

 

[bnhcomputing]

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Wisconsin State Statute 66.0409 preempts local ordinances relating to firearms but says nothing about other "dangerous weapons." Many if not all municipalities have a "dangerous weapons" ordinance that may prevent one from carrying a sword.

You would need to check local ordinances.

 

[Swordsman_Dan]

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Alright, so it looks like it's mostly up to the local municipalities about whether it's legal.

Now the issue is how to pose the question to the proper authorities without the whole of the known universe assuming I'm going to go on a homocidal rampage.

Thanks so much for the input, everyone. I really appreciate it.

Best Regards,
Dan

 

[J.Gleason]

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IMHO, I think you are going to have an issue simply because a sword would be so noticeable. I think if you are a fan of bladed weapons a knife may be more suitable and allow you to be more discrete and covert.

It would be the same as BNH walking down the street with a holstered handgun. Many people will not even notice and even those who do will more than likely not cause any alarm.

If I walked down the street open carrying an AR-10 with all the goodies on it, I would be willing to bet my own money that I will not get far without police contact.

Does carrying a sword fall under your right to bear arms? Certainly.

Will you be harassed by the police? Definately, and don't take this as an insult or as disrespect but because it is almost unheard of to see someone walking down the street carrying a sword (Other than parades) I would think and this is only MHO that an officer may question your mental status. Which could cause a lengthy detainment and possible the confiscation of your sword until that staus is determined. Keeping that in mind IMHO a judge would more than likley side with the cops. Qualified Immunity.

Just my .02

 

[Doug Huffman]

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Swordsman_Dan wrote:

Now the issue is how to pose the question to the proper authorities without the whole of the known universe assuming I'm going to go on a homocidal rampage.

Do not ask them any question to which you don't already know the answer else how will you know the lie? Your local ordinances must be available even if you have to FOIA them.

There are a couple or three old nuke sailors here. This one was taught never to ask a question that you couldn't at least detect a lying answer - I was assigned to attend the Code 300 production department morning liars club meeting.

 

[Glockface]

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Dan, Check out my U.S.NAVY hat from my squadron i was in.

 

[Swordsman_Dan]

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Heh heh. Righteous.

!..!(^_^)!..!

[Translation: Rock out loud ]