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Thread: apologies. long gun transport question, or direct to correct place

  1. #1
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    apologies. long gun transport question, or direct to correct place

    so recently i ran into a little situation that made me wonder.

    i was out riding motorcycles with a friend when we stopped at gander mountain. while there, i decided to buy a 17HMR rifle, and suddenly my friend asked me: "how are you gonna get that home on your bike?"
    to which i replied without thinking: "buy a sling and strap it on my back."

    He didn't think that was legal, and it got me thinking.

    Isn't the new law that you can transport long arms UNCASED as long as they are UNLOADED???

    I was under the impression that that was legal, and so were several of the employees at gander, but now once again i'm doubting myself.

    But in the end i did just put a sling on it, threw it over my back and rode almost 1 hour home, and even past a cop on the way, and nothing happened.

    am i correct???

    Thanks.

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    Regular Member jeff niles's Avatar
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    Thumbs up oc rifle on bike

    It is OK you are right.
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    Founder's Club Member protias's Avatar
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    Act 51, so unloaded is a-ok.

    Oh, and why would you go to Gander after they kicked out the NRA-ILA for having a support Walker event 2 days before it was to happen?
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Campaign Veteran rcawdor57's Avatar
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    Be Aware Of The Gun Free School Zones.....

    Quote Originally Posted by scorpio_vette View Post
    so recently i ran into a little situation that made me wonder.

    i was out riding motorcycles with a friend when we stopped at gander mountain. while there, i decided to buy a 17HMR rifle, and suddenly my friend asked me: "how are you gonna get that home on your bike?"
    to which i replied without thinking: "buy a sling and strap it on my back."

    He didn't think that was legal, and it got me thinking.

    Isn't the new law that you can transport long arms UNCASED as long as they are UNLOADED???

    I was under the impression that that was legal, and so were several of the employees at gander, but now once again i'm doubting myself.

    But in the end i did just put a sling on it, threw it over my back and rode almost 1 hour home, and even past a cop on the way, and nothing happened.

    am i correct???

    Thanks.
    Unfortunately ACT 51 did not remove the gun free school zone requirements so...the firearm must be unloaded and encased or unloaded and locked in a gun rack on a motor vehicle UNLESS you meet one of the exemptions (one being that you possess a valid Wisconsin CWL).

    Snip:

    (2) Possession of firearm in school zone.
    (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.
    (b) Paragraph (a) does not apply to the possession of a firearm by any of the following:
    1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iv), (v), (vi), or (vii).
    1r. Except if the person is in or on the grounds of a school, a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
    2m. A state-certified commission warden acting in his or her official capacity.
    3. That is not loaded and is:
    a. Encased; or
    b. In a locked firearms rack that is on a motor vehicle;
    3m. A person who is 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).

    Link:https://docs.legis.wisconsin.gov/sta...atutes/948/605
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Regular Member HandyHamlet's Avatar
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    On a side note, supporting Gander Mountain is supporting WAVE.
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Campaign Veteran rcawdor57's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    I had posted this on a different forum but wasnt sure if i put it in here so here it is

    So today i emailed the Dept of Neverending Regulation (DNR) and the response I received was you have to call the DOJ so I called the DOJ and they told me that it is a dnr law but she gave me a number to call so i called it and the guy told me that you can transport an unloaded and uncased long gun thru school zones as long as you do not park on public property (side of the street) if you park it must be unloaded and cased

    also added on edit it does not matter if you have a CCL or not

    this makes me very happy im sure it will make others very happy BUT PLEASE DO NOT TAKE MY WORD FOR IT IF THERE IS ANY DOUBT IN YOUR MIND PLEASE MAKE THE CONTACT YOURSELF

    TIM LAWHERN 608 264 6133 HE IS THE HEAD OF SOMETHING OR ANOTHER AT THE DNR

    (sorry about all the caps)
    Sorry but I would never go by what "someone said" ...the statutes are very clear and IMO unconstitutional. Any LEO seeing an uncased firearm within a school zone can cite the person for it unless that person meets one of the exceptions in the law.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    it would have been best if you had purchased a inexpensive cloth case or gun sock put it in that and taken it home I carry one of these in the truck when going to gun shows and such , even though many sellers at gun shows are providing a very basic home made gun case with each purchase , one guy told me he buys the cheapest fabric he can get on sale then his mother makes them for him he pays her 1 dollar each so he has about 1.50 to 2 dollars in each one he said his mom can make them about 30 an hour. it is worth it to him to put an extra 2 bucks of his profit into making sure customers don't have a hassle taking their new gun home


    i thought there used to be something about taking the gun apart , so you could just remove the bolt of a bolt action rifle or on a shotgun remove the barrel and carry it as 2 pieces but i couldn't find anything about this now.

    This is from the DOJ faq , i know it is not the statute directly


    TRANSPORTING WEAPONS
    If I have a CCW license can I transport the weapon on my person in a vehicle?

    Yes. Current law generally requires that firearms being transported in a vehicle be encased and unloaded, not hidden or concealed and not within reach. In regard to other weapons, they could not be carried concealed and within reach.
    Under the new CCW law, a person with a CCW license may carry a concealed weapon (handgun, knife, electric weapon or billy club) in a vehicle.
    However, long guns are still subject to the requirement of being fully encased and unloaded, not hidden and not within reach.


    If I do not have a CCW license how do I transport weapons in a vehicle?
    A. Handguns
    The law now allows a person to do the following without a CCW permit:
     place, possess, or transport a handgun in a vehicle without being unloaded or encased. Wis. Stats. § 167.31(2)(b).
     load a handgun in a vehicle. Wis. Stats. § 167.31(2)(c).
     operate an all-terrain vehicle (ATV) with a handgun in the operator‘s possession. Wis. Stat. § 23.33(3)(a).
     place, possess, or transport a handgun in or on a motorboat with the motor running without being unloaded or encased. Wis. Stats. § 167.31(2)(a), (b), (c).
     place, possess, or transport a handgun in or on a noncommercial aircraft.
    IMPORTANT NOTE: Persons who do not have a CCW license may still not carry weapons concealed. In a vehicle this means that the firearm cannot be hidden or concealed and within reach.


    B. Long guns
    The law has been changed regarding hand guns but the requirements for transporting long guns still remains. A long gun being transported in a vehicle, boat, or non-commercial aircraft must be unloaded and enclosed in a case that is



    from the dnr hunting regs

    Arms Transportation
    • All firearms must be unloaded and completely enclosed within carrying cases
    designed to carry a firearm when in or on any vehicle, whether moving or stationary.
    A holster is not a legal carrying case for a handgun in a vehicle unless it completely
    encloses the handgun. All firearms must be unloaded when in or on any motor driven
    boat while the motor is running.

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    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by GreenCountyPete View Post
    from the dnr hunting regs

    Arms Transportation
    • All firearms must be unloaded and completely enclosed within carrying cases
    designed to carry a firearm when in or on any vehicle, whether moving or stationary.
    A holster is not a legal carrying case for a handgun in a vehicle unless it completely
    encloses the handgun. All firearms must be unloaded when in or on any motor driven
    boat while the motor is running.
    that was before act 51 here is act 51 FAQ sheet

    http://dnr.wi.gov/org/es/enforcement/act51_faq.htm

    also the dnr has updated their FAQ sheet for act 51 which now shows GFSZ laws must still be followed with long guns Q10
    i deleted my Op with the wrong info in it
    Last edited by oliverclotheshoff; 06-21-2012 at 02:37 PM.
    SCOTT

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    "Dialing 911 only takes seconds but waiting for help may take the rest of your life"

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    Quote Originally Posted by oliverclotheshoff View Post
    that was before act 51 here is act 51 FAQ sheet

    http://dnr.wi.gov/org/es/enforcement/act51_faq.htm

    also the dnr has updated their FAQ sheet for act 51 which now shows GFSZ laws must still be followed with long guns Q10
    i deleted my Op with the wrong info in it
    thank you for the link , i had been looking at the 2011 deer hunting regs , i will have to take notice if they make the change for the 2012 regs

  10. #10
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    Quote Originally Posted by protias View Post
    Act 51, so unloaded is a-ok.

    Oh, and why would you go to Gander after they kicked out the NRA-ILA for having a support Walker event 2 days before it was to happen?
    i didn't know about that. sorry. can't know everything that's going on. plus they had a deal i couldn't pass up, otherwise i wouldn't have been able to afford it.

    Quote Originally Posted by GreenCountyPete View Post
    it would have been best if you had purchased a inexpensive cloth case or gun sock put it in that and taken it home

    oops i forgot to write that detail. as a precaution i did end up buying a gun sock, sliding it over and cutting 2 holes for the sling to attach to the rifle. BUT, from my understanding that wasn't exactly necessary.



    This is from the DOJ faq , i know it is not the statute directly


    TRANSPORTING WEAPONS


    B. Long guns
    The law has been changed regarding hand guns but the requirements for transporting long guns still remains. A long gun being transported in a vehicle, boat, or non-commercial aircraft must be unloaded and enclosed in a case that is



    from the dnr hunting regs

    Arms Transportation
    • All firearms must be unloaded and completely enclosed within carrying cases
    designed to carry a firearm when in or on any vehicle, whether moving or stationary.
    A holster is not a legal carrying case for a handgun in a vehicle unless it completely
    encloses the handgun. All firearms must be unloaded when in or on any motor driven
    boat while the motor is running.
    i understand this is just the faq, not actually statue, but i have to wonder. trying to read through all the mumbojumbo, what in your guys/girls opinion is the final answer??? because reading these 2 faqs, you have to wonder if there are actually 2 different laws, or did one of them forget to update their faq, or actually put wrong info in???
    Last edited by scorpio_vette; 06-29-2012 at 04:43 PM.

  11. #11
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by scorpio_vette View Post
    i didn't know about that. sorry. can't know everything that's going on. plus they had a deal i couldn't pass up, otherwise i wouldn't have been able to afford it.
    No worries
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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