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Thread: Traveling in Wisconsin with out of state permit, Valid?

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    Traveling in Wisconsin with out of state permit, Valid?

    I looked on the DOJ website and Inread that Wisconsin only issues permits to residents or non-resident military residing in the state. I looked at their reprocity on the state website and from what I gather, my Florida resident permit would NOT be valid. However, my Pennsylvania non-resident permit would be valid. Is that correct? Also, I read that open carry is legal, no permit required. The permit is only for concealed and car carry. Am Inalso correct. Please correct me if I am wrong because I want to make sure I have to correct info before I carry there. Thanks!

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    Open carry is legal for other than prohibited persons, and regulated in Wisconsin.

    Yes, a Wisconsin concealed carry license is required to carry concealed or to conceal in a vehicle. About the only way to not legally conceal in a car in Wisconsin is to velcro it to the top center of the dashboard - and then I would still not trust a cop with a quota.
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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by thejax View Post
    I looked at their reprocity on the state website and from what I gather, my Florida resident permit would NOT be valid. However, my Pennsylvania non-resident permit would be valid. Is that correct?
    According to www.handgunlaw.us and http://www.doj.state.wi.us/dles/cib/...ry/reciprocity, that is correct.
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    Quote Originally Posted by JustaShooter View Post

    Read the linked DOJ site FAQ specifically page 44, bottom half under HANDGUNS.

    Then explain it to me!!

    Pay special attention to the IMPORTANT NOTE: towards the bottom of page 44.


    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.

    What exactly does that last sentence mean? It must not be hidden, concealed, or within reach? Velcroed on the dash would be within reach. This seems really unclear to me.

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    Quote Originally Posted by Wstar425 View Post
    Read the linked DOJ site FAQ specifically page 44, bottom half under HANDGUNS.

    Then explain it to me!!

    Pay special attention to the IMPORTANT NOTE: towards the bottom of page 44.


    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.

    What exactly does that last sentence mean? It must not be hidden, concealed, or within reach? Velcroed on the dash would be within reach. This seems really unclear to me.
    Regarding your questions----
    What exactly does that last sentence mean? It must not be hidden, concealed, or within reach?
    Move your "or" from its present position to just prior to the word "concealed"----

    Without a permit, the handgun cannot be:

    Hidden
    OR
    Concealed and within reach!

    Yes, on the dash is in reach BUT it isn't concealed so there is NO PROHIBITION.

    Now I see a potential problem with the Federal Safe Passage Act which requires that it be lawful for one to possess a firearm at the beginning of the journey and the end AND said gun must be in a secured container and unloaded. Would Wisconsin consider that an unloaded firearm within a secured container be considered "HIDDEN"?
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    A conclusion drawn from case law on Wisc. Stats. 941.23

    Quote Originally Posted by Wstar425 View Post
    [ ... ]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.

    What exactly does that last sentence mean? It must not be hidden, concealed, or within reach? Velcroed on the dash would be within reach. This seems really unclear to me.
    It is a conclusion drawn from case law on Wisc. Stats. 941.23:

    To "go armed" does not require going anywhere. 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).

    http://docs.legis.wisconsin.gov/stat...tes/941/III/23
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    Quote Originally Posted by JustaShooter View Post
    Ok thank you.

    It just seems incredibly odd to me that when applying for my Florida resident permit, I was required to take a course requiring classroom and live fire, get fingerprinted, and wait and wait to receive my permit in the mail when my PA non-resident permit was a quick stop at a PA Sheriffs office, gave them my FL DL and FL permit, no class, no live fire, and no fingerprints, and in and out with the permit in less than 30 minutes.

    I mean great because I have it'd but doesn't make sense. Also doesn't make sense to me why the website says that Virginia resident permits are NOT valid in Wisconsin but a Virginia non-resident permit is.

    I am just saying...

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    Quote Originally Posted by Nightmare View Post
    Open carry is legal for other than prohibited persons, and regulated in Wisconsin.

    Yes, a Wisconsin concealed carry license is required to carry concealed or to conceal in a vehicle. About the only way to not legally conceal in a car in Wisconsin is to velcro it to the top center of the dashboard - and then I would still not trust a cop with a quota.
    It should read Yes, a concealed carry license recognized by Wisconsin is required to carry concealed or to conceal in a vehicle. About the only way to not legally conceal in a car in Wisconsin is to velcro it to the top center of the dashboard - and then I would still not trust a cop with a quota.

    It doesn't have to be a Wisconsin CCL.

    So, to answer the OP question, as long as you have a valid CCL from a state that Wisconsin recognizes, you are OK to carry open or concealed. The only places you need to be careful about are in the magical 1000' gun free school zone. Federal law indicates that you must have a license from the state that the school is in, however, WI statute says that regarding that Federal law, non-resident licenses are considered licensed by WI. That has not been litigated in court so there is a possibility it might not pass legal muster.

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    Quote Originally Posted by paul@paul-fisher.com View Post
    [ ... ] ... there is a possibility it might not pass legal muster.
    As I said, by a cop with a quota. One may beat the rap, but you will not beat the ride.
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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Wstar425 View Post
    Read the linked DOJ site FAQ specifically page 44, bottom half under HANDGUNS.

    Then explain it to me!!

    Pay special attention to the IMPORTANT NOTE: towards the bottom of page 44.


    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.

    What exactly does that last sentence mean? It must not be hidden, concealed, or within reach? Velcroed on the dash would be within reach. This seems really unclear to me.
    IANAL, but 167.31 was amended that says a loaded firearm is not prohibited in a vehicle. It doesn't say anything about open or concealed. Some say a firearm on your hip (openly carried) is concealed because you can't see it from the outside, but if someone had some weed on the seat and a cop walked up, that would be in the open.

    Yes, the law makes perfect sense. /sarcasm
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by protias View Post
    IANAL, but 167.31 was amended that says a loaded firearm is not prohibited in a vehicle. It doesn't say anything about open or concealed.
    It no longer prohibits a loaded handgun but still prohibits a loaded firearm which is not a handgun. You must comply with All statutes, not just 167. That means it may not be hidden and it must still be unloaded and encased if you are traveling through a GFSZ and you are not a licensee.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by thejax View Post
    Ok thank you.
    Also doesn't make sense to me why the website says that Virginia resident permits are NOT valid in Wisconsin but a Virginia non-resident permit is..
    The only requirement for WI to recognize a license/permit issued by another State is if they perform a NICS check as part of the application process. No NICS check = No recognition.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    It no longer prohibits a loaded handgun but still prohibits a loaded firearm which is not a handgun. You must comply with All statutes, not just 167. That means it may not be hidden and it must still be unloaded and encased if you are traveling through a GFSZ and you are not a licensee.
    I had to look into this again. Gotta love all the gotchas, 941.23 (3) (d)

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    https://scholar.google.com/scholar_c...=4,50&as_vis=1
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    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

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