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OC in an RV...

vinchenzo

Regular Member
Joined
Dec 23, 2012
Messages
26
Location
Wisconsin
So, a friend of my dad's asked me about some open carry questions today, and he asked me one that kind of stumped me...

He bought an old Greyhound bus, and converted it into a camper/RV. His question was how can he open carry in his RV while driving. From what I understand, and please correct me if I'm wrong, in order for OC in a car to be considered open, it has to be visible without obstruction from a point outside the vehicle. With a bus, how exactly would this be possible? Would he be in the right to just keep it on his hip since more than likely in a LEO encounter, he would actually be leaving the bus? Or would he be better off to mount a holster on the dash and place it there while he's driving?

I don't believe he has his CCW permit, but I'm in the process of double checking to find out.

Any help would be greatly appreciated.
 
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Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,428
Location
northern wis
I think there would almost be two questions to be asked one when he is operating it on a highway the other when he is parked using it as his residence.
 

vinchenzo

Regular Member
Joined
Dec 23, 2012
Messages
26
Location
Wisconsin
I think there would almost be two questions to be asked one when he is operating it on a highway the other when he is parked using it as his residence.

I think the big concern for him is when he is operating it on a highway. Once it's parked and becomes residence and not transport, I would think that the same rules would apply as though he were sitting at home on his property, dependent of course on whether or not where he is parked allows carry.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Since we haven't gotten the legislature to correct the cc law to specifically say that a pistol carried/worn by a person who is in or on a vehicle is specifically NOT concealed (but simply following the transport law), there are still some LEO who would ticket him for having it concealed.
And honestly, I think they would have a better chance of winning than when my little car was involved.

Putting a holster on the dash would be the third-best way to take care of the problem.
Getting his ccl would be the second.
Getting the blippin' law corrected so that cc is not a crime (or at least so that OC in or on a vehicle is statutorily not cc) would be the best.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
167.31 was cleared up to remove the restriction of having a loaded handgun in the vehicle. However, our wonderful DAs try to use 941.23 to convict people. Might as well try to use the, "I came up to the person from the other side, so it must have been concealed" argument...
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
protias said:
Might as well try to use the, "I came up to the person from the other side, so it must have been concealed" argument...
It's been tried. By Milwaukee PD. In court. On me.
The officers standing behind the line of my front seats, behind my shoulders, tried to claim my pistol was concealed 'cause they couldn't see it from where they were standing.
No, the law says "concealed from ordinary observation".
It's not 'ordinary observation' to be able to see through a seat, or a car door, or a person. :banghead:
(I won't get into the multiple lies - deliberate factual inaccuracies - told by all 3 officers testilying against me. I wish there were a Pinnochio ray they had to sit under.)
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
It's been tried. By Milwaukee PD. In court. On me.
The officers standing behind the line of my front seats, behind my shoulders, tried to claim my pistol was concealed 'cause they couldn't see it from where they were standing.
No, the law says "concealed from ordinary observation".
It's not 'ordinary observation' to be able to see through a seat, or a car door, or a person. :banghead:
(I won't get into the multiple lies - deliberate factual inaccuracies - told by all 3 officers testilying against me. I wish there were a Pinnochio ray they had to sit under.)

But doesn't mean they won't continue to try... :rolleyes:
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
If police claim that the vehicle itself conceals a weapon, why aren't they claiming that sitting in a restaurant booth does the same thing? Perhaps the answer is "Because logic doesn't apply here!"
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
If police claim that the vehicle itself conceals a weapon, why aren't they claiming that sitting in a restaurant booth does the same thing? Perhaps the answer is "Because logic doesn't apply here!"

It's always a pleasure to receive wisdom, from Madison!

What do other states use for their definition of "concealed" weapon?

It has been an area that seemed to be obviously missing from the Wisconsin statutes.
 
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