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Thread: Question about pistol in car

  1. #1
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    Question about pistol in car

    I have a quick question. What are the laws about having a pistol in your car out in the open in Sheboygan? Is it like most states where your car is an extension of your home?

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    Quote Originally Posted by Torquemaster69 View Post
    I have a quick question. What are the laws about having a pistol in your car out in the open in Sheboygan? Is it like most states where your car is an extension of your home?
    Act 35 of 2011 made it legal to transport a handgun loaded un-encased, however there is Wisconsin case law that would allow an officer to arrest and charge you with concealing a handgun if it is not decernable from normal observation, such as sitting on the seat. The common recommendation is to have it on the dashboard but beware of sliding handguns. Also, if you do not have a Wisconsin CCL, you need to stay out of Gun Free School Zones (1000 feet of school property) with a loaded un-encased firearm on public property.

    http://www.handgunlaw.us/states/wisconsin.pdf
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    Regular Member MKEgal's Avatar
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    Here's a good place to start looking for WI statutes:
    http://legis.wisconsin.gov/RSB/STATS.HTML

    I don't know why, but right now tonight it's messed up & not doing anything past the front page.
    But you can search by keyword, phrase, or statute number.

    IIRC, 167.31 is the transport statute and 941.23 is the ccw statute.
    167.31 says that it's legal to have a handgun in a car even if it's not in a case, and even if it's loaded. It does not specifically say that doing so is not concealing. We need to get that cleaned up.

    One of the case law cites under 941.23 says that a gun on the seat of a car was "indiscernable to ordinary observation by a person outside the car" and therefore was concealed.
    (Never mind that in order to see a pistol sitting on the seat someone would either have to have x-ray vision - not normal observation - or do something sensible like look in the window. And never mind that a baggie of drugs sitting on the seat next to the car would be argued to be in "plain sight".)
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    Regular Member MKEgal's Avatar
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    BTW, for the purposes of self-defense, yes - your car is just like your home (or business).

    If you are in the car (or your business, or your home - which includes a hotel room) & someone is using force to try to unlawfully enter, it's legal to use deadly force to defend yourself and the court must presume that you felt that you were in fear of death or great bodily harm. (DorGBH)

    Again IIRC, 939.48 is our self-defense statute.
    Castle doctrine is part of that.

    You may use force or the threat of force as you judge to be necessary to terminate unlawful interference with yourself or an innocent third person.
    You may only use deadly force to avoid imminent threat of DorGBH.
    You only get the presumption of reasonableness if you are in your home, car, or business.

    Don't take anyone's word for anything. Once that state legislature / law site is functioning again, go read them for yourself.

    You might also benefit from reading the sticky post in this forum titled something like "new to OC in WI? here's what you need to know". It's long, but useful.
    Last edited by MKEgal; 07-08-2013 at 12:32 AM.

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    Torquemaster69: I have a quick question. What are the laws about having a pistol in your car out in the open in Sheboygan?

    941.23 Carrying concealed weapon. (2) Any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor: (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of−state licensee, ...

    The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).

    A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994). https://docs.legis.wisconsin.gov/doc.../ch.%20941.pdf
    This is precedential Wisconsin case law, stare decisis. A decision on appeal by a superior court is required to overturn it. Someone is going to have to take one for the Gipper.
    Last edited by Nightmare; 07-08-2013 at 06:51 AM.
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    Regular Member Plankton's Avatar
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    Quote Originally Posted by Nightmare View Post
    Torquemaster69: I have a quick question. What are the laws about having a pistol in your car out in the open in Sheboygan?



    This is precedential Wisconsin case law, stare decisis. A decision on appeal by a superior court is required to overturn it. Someone is going to have to take one for the Gipper.
    Go for it, Doug.
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    Forget about the complexities. Just get a CCL. Problem over about concealed, X ray vision etc... Otherwise leos (rouge ones) will try every trick in the book to disarm you.

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    Quote Originally Posted by Law abider View Post
    Just get a CCL.
    Torquemaster69 Location Joplin, Missouri.

    As of 03/27/13 - http://www.doj.state.wi.us/dles/cib/...ry/reciprocity

    Permit(s) Honored In Wisconsin:

    Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Puerto Rico, Tennessee, Texas, Utah, Virgin Islands, Washington, Wyoming


    Permit(s) Not Honored In Wisconsin:

    Alabama, Delaware, District of Columbia, Florida, Guam, Maine, Massachusetts, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, American Samoa, Illinois, N. Mariana Islands, Vermont
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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Law abider
    Forget about the complexities. Just get a CCL.
    Unfortunately, it is the easiest solution, though it will take time & money he may not have if he's already planned a visit (or is already here).

    Here's the DOJ reciprocity page / list.
    http://www.doj.state.wi.us/dles/cib/...ry/reciprocity

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