Please update site and anyone who open carrys!!!!!

TRANSPORTINGWEAPONS
If I have a CCW license can I transport the weapon on my person in a vehicle?
Yes. Current law generally requires that firearms other than handguns being transported in or on a vehicle, or placed inside a vehicle be unloaded, and not hidden or concealed when within reach of any occupants of the vehicle. In regard to other weapons not authorized under a CCW license, 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 unloaded and not hidden when 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 who can legally possess a handgun 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 loaded uncased 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 loaded uncased 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.

This information is as of June 23, 2014. I have had personal experience while getting pulled over. Make sure you inform the officer(s) right away of any weapons in the vehical as soon as he gets out of his. I informed the sheriff of my pistol and he said thank you for informing me never asked for the pistol. He originally pulled me over for an expired tag on the truck, but that quickly turned into friendly gun talk after i told him what kind of pistol i had. Gave us a warning for the tag and said have a nice day.

Savage14 said:

...Make sure you inform the officer(s) right away of any weapons in the vehicle as soon as he gets out of his...

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Please be specific.

Is this legal advice, or personal opinion?

Personal opinions are certainly valid, especially with experiences and reasons as you've noted, but it needs to be clear. AFAIK, Wisconsin law does not require notification, and there are advantages and disadvantages to notifying.

Savage14 said:

TRANSPORTINGWEAPONS
If I have a CCW license can I transport the weapon on my person in a vehicle?
Yes. Current law generally requires that firearms other than handguns being transported in or on a vehicle, or placed inside a vehicle be unloaded, and not hidden or concealed when within reach of any occupants of the vehicle. In regard to other weapons not authorized under a CCW license, 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 unloaded and not hidden when 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 who can legally possess a handgun 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 loaded uncased 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 loaded uncased 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.

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Would this now mean the idea of an OC'd handgun in a vehicle is no longer considered 'unlawfully concealed'? I hate legalese and struggle to interpret the 'language'. Incidentally Wis. Stats. § 167.31(2)(b). says

(c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

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I don't see anything about the method of carry so not sure where the ban on vehicular CC without a permit is.

MAC702 said:

Please be specific.

Is this legal advice, or personal opinion?

Personal opinions are certainly valid, especially with experiences and reasons as you've noted, but it needs to be clear. AFAIK, Wisconsin law does not require notification, and there are advantages and disadvantages to notifying.

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Sorry i should have been more clear and thank you for pointing it out. It's my personal opinion and the sheriff that pulled us over really appreciate people informing them of a weapon(s) inside just so there not blind sided.

rightwinglibertarian said:

Would this now mean the idea of an OC'd handgun in a vehicle is no longer considered 'unlawfully concealed'? I hate legalese and struggle to interpret the 'language'. Incidentally Wis. Stats. § 167.31(2)(b). says



I don't see anything about the method of carry so not sure where the ban on vehicular CC without a permit is.

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The sheriff told me so i could even understand all the mumble jumble is that if the weapon can be seen from any view around the vehicle your fine. If the weapon can not be seen as far as pistols go, not including long guns, than you need to be carrying the ccw permit.

I do have the PDF file and i would put it on here but the file is to large. Here is the HTTP thingy hopefully this will work:

http://www.doj.state.wi.us/sites/default/files/dles/ccw/ccw-faq.pdf

Savage14 said:

The sheriff told me so i could even understand all the mumble jumble is that if the weapon can be seen from any view around the vehicle your fine. If the weapon can not be seen as far as pistols go, not including long guns, than you need to be carrying the ccw permit.

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Best peice of advice I can give is never take an LEOs word for it. He is 100% wrong

State v Walls

.....Handgun lying on front seat of automobile in which defendant was passenger was “concealed” within meaning of concealed weapons statute, although police officers were able to observe handgun after stopping vehicle, where handgun was concealed to ordinary observation as automobile traveled down the street prior to being stopped.

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rightwinglibertarian said:

Best peice of advice I can give is never take an LEOs word for it. He is 100% wrong

State v Walls

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Have you had any experience or just going but what you find in someone elses situation.You going around telling people not to listen to cops is not by any means a good idea. you sir would end up getting some young man or women killed by the law or thrown in jail because they took your advice.

So how about you keep reading the State vs walls and you will see that under Weapons 406-10 i clearly agrees to what ive stated ealier. If you read, than you shall learn.

Always follow the law, always know the law. Do NOT make up your own variation, which means in a state in which there is no notification required, do NOT notify. Neither should you lie.

Also be aware that the ONLY requirement (except for one state) is to show a permit IF CONCEAL CARRYING. It does not have any provision to declare anything about the firearm. You only need to show the PERMIT and a picture ID.

If asked about the firearm, I would suggest you say nothing, or ask if the request (if any) is a demand or a request. If the reply is 'a request' you should say nothing about it. The point is NOT to empower the officer, and not to TEACH them that they have a right to demand something which they do NOT.

Savage14 said:

Have you had any experience or just going but what you find in someone elses situation.You going around telling people not to listen to cops is not by any means a good idea. you sir would end up getting some young man or women killed by the law or thrown in jail because they took your advice.

So how about you keep reading the State vs walls and you will see that under Weapons 406-10 i clearly agrees to what ive stated ealier. If you read, than you shall learn.

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i'm going by the law and by advice I've read here on OCDO. Incidentally if you like being lied to and having your rights stolen feel free to carry on but this is not the site for you and you'll get no support. Cops are subject to the law and resisting unlawful searches, seizures is quite common if not here, a myriad of activist groups, many of which have youtube accounts. Cops can and do lie and it's up to you to know what is a lie and what is law. Educate yourself then come back when you've learned a thing or two about reality.

rightwinglibertarian said:

i'm going by the law and by advice I've read here on OCDO. Incidentally if you like being lied to and having your rights stolen feel free to carry on but this is not the site for you and you'll get no support. Cops are subject to the law and resisting unlawful searches, seizures is quite common if not here, a myriad of activist groups, many of which have youtube accounts. Cops can and do lie and it's up to you to know what is a lie and what is law. Educate yourself then come back when you've learned a thing or two about reality.

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This is not the site for me? Really by who's account?...its a free site and anyone person may be on it and if no one supports me than so be it, i dont support you and the words you speak. I do educate myself unlike you who i doubt that you read under the Weapons 406-10 in the State vs Wals

I've said my piece. If a moderator or other experienced member wishes to contradict me then I shall retract.

Yes, we're aware of the laws regarding transporting firearms in WI, thank you.
For new people, there's a sticky at the top of the forum titled "New to OC in WI? Here's what you should know" which has lots of useful information.
http://forum.opencarry.org/forums/s...rrying-(OC)-In-WI-Here-s-what-you-should-know

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

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Not sure where you're getting this info, but anyone who calls it a "CCW license" doesn't know what they're talking about.
CCW is a crime, and you can't get permission to commit a crime.
WI sells concealed carry licenses (ccl).
Having a ccl is a defense against a charge of CCW.
Yes, I'm aware that someone at the DOJ calls a ccl a "CCW" in official documents. That doesn't make me feel very good about the DOJ.

Savage14 said:

This information is as of June 23, 2014. I have had personal experience while getting pulled over. Make sure you inform the officer(s) right away of any weapons in the vehical (sic) as soon as he gets out of his. I informed the sheriff of my pistol and he said thank you for informing me never asked for the pistol. He originally pulled me over for an expired tag on the truck

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Did you notify him of all other personal property you had in the car? Why or why not?
Why would you encourage a LEO to expect that people will give up their rights?
And what does your pistol have to do with having an expired tag? Why would you even mention it?

Most sheriffs will have more citizen-friendly responses & policies than most police chiefs,
and most rural areas will have more citizen-friendly responses than most cities.
So making a blanket assertion that LACs should inform a LEO of being armed when they're being investigated for an offense is off-base.
In Milwaukee, you're likely to get your gun stolen, the serial # run (hello, you now have a "crime gun" registered to you), and have to go to court to get it back, even though you've done nothing wrong.

The last 2 times I got pulled over, they didn't ask & I didn't tell, even though 1 time I was OC & both times I was cc.
That being said, I did once inform a LEO I was armed & tried to show him my WI ccl (he refused it), but his partner was leaning in my passenger window grinning at me & could already clearly see the pistol on my hip, and neither of them was freaking out, so I figured it wasn't going to be a problem. (This was in a rural area of WI.) I was also cc, which is why I offered the ccl.
I'd called 911 to report a dangerous driver, and they wanted my contact info in case it went to court. Wish I'd had a cell phone camera back then, 'cause that would have made prosecution lots easier!

Savage14 said:

The sheriff told me so i could even understand all the mumble jumble (sic) is that if the weapon can be seen from any view around the vehicle your (sic) fine. If the weapon can not be seen as far as pistols go, not including long guns, than you need to be carrying the ccw permit (sic).

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Walls is an old decision by a judge, not based on current law.
The actual law has changed several times in important ways since that old ruling.
And it was bad to begin with, the lawyer should have challenged it right away.
If the officers saw a baggie of marijuana sitting on the front seat next to the pistol, they would claim that the drug was in plain sight. So of course the pistol was in plain sight too. Use a little common sense.

Savage14 said:

This is not the site for me? Really by who's (sic) account?... its (sic) a free site and anyone person may be on it and if no one supports me than so be it, i dont (sic) support you and the words you speak. I do educate myself unlike you who i doubt that you read under the Weapons 406-10 in the State vs Wals (sic)

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What is this "Weapons 406-10" of which you speak?
Here's where you can search WI statutes, by number or key word: http://legis.wisconsin.gov/RSB/STATS.HTML
There is no chapter 406.

I think that most of the people here are more freedom-loving and more knowledgable about the laws, so we would not choose to give up our rights, would not choose to inform a LEO of what personal property we were carrying.

...and (3) the weapon was concealed, or hidden from ordinary view, meaning it was indiscernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle. Because we conclude a weapon located in the above manner is "concealed" within the meaning of § 941.23, we reject Walls' argument and affirm.[1]

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Same idea, different words. Fact is open carry without a permit is deemed illegal.

rightwinglibertarian said:

Same idea, different words. Fact is open carry without a permit is deemed illegal.

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So your saying that everyone on this site including myself in the state of Wisconsin that open carrys there pistol without a ccl, are committing an illegal act?!

Nightmare said:

You were doing so well. One aww-shite wipes out a thousand atta-boys.

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Why pray tell? The language is different but the mesning is the same

Savage14 said:

So your saying that everyone on this site including myself in the state of Wisconsin that open carrys there pistol without a ccl, are committing an illegal act?!

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No, only OCing in a vehicle is deemed illegal. I say deemed as I am a firm believer in Constitutional carry and believe it to be an infringement and the judge was wrong to make that ruling. The ruling was made however and we're saddled with it for now.

rightwinglibertarian said:

Why pray tell? The language is different but the mesning is the same



No, only OCing in a vehicle is deemed illegal. I say deemed as I am a firm believer in Constitutional carry and believe it to be an infringement and the judge was wrong to make that ruling. The ruling was made however and we're saddled with it for now.

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IT IS NOT BY LAW ILLEGAL TO OPEN CARRY A FIREARM IN YOUR VEHICLE.

Handguns vs Long Guns in Vehicles[edit]
Beginning November 1, 2011, it is legal to load a handgun, or to transport a loaded handgun cased or uncased, in a vehicle without a license. NOTE: This does NOT apply to long guns; they still must be unloaded, but now may be uncased. There is still some confusion as to whether or not an encased gun is concealed, so if it is cased, best practice is to keep the long gun out of reach. Long guns must be "discernable to ordinary observation", since a conceal carry license does not apply. Previously all firearms had to be unloaded & encased (per the transport statute), & out of reach (derived from the concealed carry statute). Those with a concealed carry license may conceal a pistol in a vehicle.

WI statute 167.31[16]

Savage14 said:

IT IS NOT BY LAW ILLEGAL TO OPEN CARRY A FIREARM IN YOUR VEHICLE.

Handguns vs Long Guns in Vehicles[edit]
Beginning November 1, 2011, it is legal to load a handgun, or to transport a loaded handgun cased or uncased, in a vehicle without a license. NOTE: This does NOT apply to long guns; they still must be unloaded, but now may be uncased. There is still some confusion as to whether or not an encased gun is concealed, so if it is cased, best practice is to keep the long gun out of reach. Long guns must be "discernable to ordinary observation", since a conceal carry license does not apply. Previously all firearms had to be unloaded & encased (per the transport statute), & out of reach (derived from the concealed carry statute). Those with a concealed carry license may conceal a pistol in a vehicle.

WI statute 167.31[16]

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167.31 sub (16) doesnt exist it only goes to 5. LEOs have made up more believable stories. Or you may be an LEO trying to see how much we know. I can promise you if a common citizen with no special knowledge can refute your statements then you don't stand a chance with seasoned members. I'm gonna call it. Troll.

Nightmare said:

Square brackets - [ ] - are not used to specify Wisconsin Statutes subsections. What ever is being referred to is not Wisc. Stats.

https://docs.legis.wisconsin.gov/statutes/prefaces/toc

Here is Wisc. Stats. Chapter 990 CONSTRUCTION OF STATUTES
https://docs.legis.wisconsin.gov/statutes/statutes/990

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I had thought the brackets was a typo. In any case of course it's not a part of W. statutes and my previous post stands.

rightwinglibertarian said:

167.31 sub (16) doesnt exist it only goes to 5. LEOs have made up more believable stories. Or you may be an LEO trying to see how much we know. I can promise you if a common citizen with no special knowledge can refute your statements then you don't stand a chance with seasoned members. I'm gonna call it. Troll.

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The '[16]' is a wikipedia footnote link.

http://en.wikipedia.org/wiki/Gun_laws_in_Wisconsin#Handguns_vs_Long_Guns_in_Vehicles

footnote 16 is a link to WI 167.31.

http://docs.legis.wisconsin.gov/statutes/statutes/167/31

I suppose you can argue the point somehow, but not legitimately.

You MIGHT be able to check the actual reference that wikipedia cites, and use information at the wisconsin.gov website to confirm or refute the wikipedia statement he quoted but failed to cite.