cirrusly
Regular Member
This discussion and explanation is appropriate to the Wisconsin forum. Links to Wisconsin Department of Justice documents, as well as Wisconsin forum Open and Concealed Carry guides are there.
The Wisconsin "Castle Doctrine" law does not affect the legality of Open Carry in a vehicle.
The definition of what is "Open Carry" in a vehicle in Wisconsin, is what is not clear. What many people would normally call open carry, may be considered concealed in a vehicle, in Wisconsin.
The story regarding Pulaski Wisconsin was from 2010, long before our "Handgun Carry" law was changed, including new limits on what can be considered Disorderly Conduct, when carrying a handgun.
Interesting. It was my understanding the Castle Doctrine was the catalyst for the legality changes around vehicle carry. After further review it looks like Castle Doctrine adopted civil and criminal immunity for certain self-defense encounters, Wis.Stats. 895.62, and Wis. Sec. 939.48, respectively. I (wrongly) assumed that it had something to do with extending a person's "abode" to their vehicles for the specific purpose of open carry.
Whereas WI statues relating to vehicle carry is:
Wis. Stats. § 167.31 Safe use and transportation of firearms and bows:
(b) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies: 1. The firearm is unloaded or is a handgun.
I'm guessing given the lack of clarity around "open carry" in vehicles (for state of WI) is because there is no definition such as "clearly visible" within the statues specifically relating to persons in vehicles? I'm just curious at this point. It's a moot point for me, as I now finally applied for my Utah CCW and live in VA. So I'm not frequenting WI as much as I'd like.
In a thread on a different thread I inquired about "open carry" in a vehicle (quoted above). I have heard conflicting information regarding the legalities of: OC in vehicle without a permit. Specifically:
I called the Wisconsin State Patrol and spoke with a Sargent whom was very polite and informative. He when he was answering my question about open carry on the Bearskin trail he had also remarked the laws "been changing a lot on us" and that open carry in a vehicle is legal, but not if the gun is concealed.
In another positive conversation between my mom and a local PD in Wisconsin she was initially told OC in a vehicle is not legal. But I encouraged her to have a follow-up conversation and cited the Wis. Stats. § 167.31(2)(b) The local detective admitted, yes, this would permit open carry in a vehicle without a permit. He recalled it may have become legal with the adoption of the Castle Doctrine. I also believed the OC without a permit was due to the Castle Doctine, something about extending a person's "abode" to their vehicles.
So my question being: Why the confusion around the legality of OC without a CCW in a vehicle? Wis. Stats. § 167.31(2)(b) seems pretty straightforward to me. Yet, even on this website for WI it states "You may NOT open carry in a car."