Documented, viewed first hand by me, verifiable. I think her Open Carry handgun, on her hip, in her vehicle would NOT be considered:
concealed, or hidden from ordinary view—meaning it is indiscernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.
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State v. Walls, 1994 courts 526 N.W.2d 765 at 72 clarified crime of concealed carry for jury instruction:
http://scholar.google.com/scholar_c...4&q=526+N.W.2d+765&hl=en&as_sdt=4,50&as_vis=1
A lesser known exceprt from State v. Walls, gives insight into the point of view of the judges when this opinion was written (1994).
The usual case law citation, which actually became a jury instruction, I believe, follows:
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Does anyone know of anyone in Wisconsin being charged or convicted of 941.23, when Open Carry, wearing a conventional exposed hip holster,
NOT in a vehicle, (no overclothes of any kind)
but in a situation where 3rd party view of the weapon in the holster, was obscured, such as?
1. carrier sitting in a booth at a restaurant with the holster side against the wall.
2. carrier with holster side leaning against the outside of a car/truck/building.
3. LEO approaches opposite the holster side of a person and does not/cannot see the holster on opposite side of carrier.
4. Any other similar situation, NOT inside a vehicle.
Thanks, for any response you might have.
