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Cars Off Limits

Malum Prohibitum

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Is it true that all motor vehicles are off limits in Wisconsin? If so, how could one open carry regularly, unless he walks everywhere and never drives, rides a bus, ortakes a train?
 

UTOC-45-44

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Malum Prohibitum wrote:
swatpro911 wrote:
Do you have any links?
To the statute?

Summary
Wisconsin is an open carry state. They have complete state preemption for firearms laws. However, you may not openly carry a firearm in a vehicle



This statement is straight from the www.opencarry.com website as one looks up Wisconsin.



on www.packing.org it states for Wisconsin

Car/Gun law summary

Date updated: Jul 29, 2005 @ 1:04 am

Do not drive with an unloaded firearm on the car seat. This has been held to be concealed from ordinary observation. (State vs. Walls 1994) You must unload it and then either place it on the dash (now unconcealed) or store it out of reach.

Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A



 

Malum Prohibitum

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So, you would be fine if, for instance, you unloaded it whenever you got into your car and loaded it upon exiting?

Makes you kind of vulnerable when getting in and out of your car, doesn't it?
 

Smurfologist

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Malum Prohibitum wrote:
Is it true that all motor vehicles are off limits in Wisconsin?
It is my understanding that a handgun can be unloaded in "plain view" inside the vehicle (car). Has this changed? I personally think this is not practical if you need to use your handgun.....Oh well!!

2nd Amendment.........Use it.......Or, lose it!!:X
 

UTOC-45-44

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Malum Prohibitum wrote:
So, you would be fine if, for instance, you unloaded it whenever you got into your car and loaded it upon exiting?

Makes you kind of vulnerable when getting in and out of your car, doesn't it?

This is from www.packing.org under Wisconsin



167.31(2)(b) You can not open carry a loaded firearm in a car.

This was very helpful to me and very clear message for


Carrying without a Permit/License

Date updated: Dec 7, 2005 @ 3:59 pm

Open Carry is legal but you will attract the attention of every police officer in the area. As opposed to the southern states Open Carry is prohibited in cars but OK on the body! Here are the limits:
941.235 You cannot open carry in a government building.
941.237 You cannot open carry a LOADED FIREARM in a place that sells liquor.

167.31(2)(b) You can not open carry a loaded firearm in a car.

167.31(3)(a) In an airplane. The chamber must be empty and the magazine out or empty itself.

Wisconsin Statute 941.291 covers the possession and use of body armor.

Electric Weapons laws are found in Chapter 941.295.




Admin note
Additional Electric Defensive Weapon Information. can be found at this link.
 

Malum Prohibitum

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If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

But I'm not. :cry:

Maybe somebody in Wisconsin will get the same idea. :D
 

Shotgun

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Malum Prohibitum wrote:
So, you would be fine if, for instance, you unloaded it whenever you got into your car and loaded it upon exiting?

Makes you kind of vulnerable when getting in and out of your car, doesn't it?

Presumably this is what you are supposed to do in Wisconsin. You're right, it makes you vulnerable. Not to mention the attention you may draw (no pun intended) when you're handling a firearm upon exiting your car. If somebody has a fit about it, just say "Sorry, I'm forced to do this by the idiotic law."

You cannot have a loaded firearm in your car, period. It has to be unloaded AND encased. I keep a Glock in the original case it came in because the latches can be unsnapped quickly and a magazine inserted in seconds, and with one hand. You can have a loaded magazine, and the gun is consider unloaded as long as there's no loaded magazine in the gun itself (and obviously nothing in the chamber.) But one can go from "legal" to "loaded" in about 5 seconds. If you keep the slide locked back it will save even more time, but I do not do that.

Some of the the justices on the Wisconsin Supreme Court have recognized that there are definite problems with the current laws regarding transporting firearms, but nothing has been done about it yet. Personally I cannot understand why anyone would think our right to bear arms is somehow muted upon entering a vehicle, but obviously there are plenty of people willing to put forward all sorts of specious argumentation to accomplish that.
 

Shotgun

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Malum Prohibitum wrote:
If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

But I'm not. :cry:

Maybe somebody in Wisconsin will get the same idea. :D
A couple weeks ago I had lunch withBriqdh and we discussed doing exactly that. It may only turn out to be the two of us, but that may be all it takes to get the ball rolling. My goal is to get OC in Wisconsin well established. Clearly the local constubulary, and many citizens, are in need of much education.
 

Doug Huffman

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Malum Prohibitum wrote:
If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

Maybe somebody in Wisconsin will get the same idea. :D
Will Wisconsin Gun Owners do?

Or must we be approved by the NRA's monkey-jack leg assilliate Wisconsin Concealed Carry Organization (or whatever they're nom-de-'net is currently)?


The constabulary is quite proof from local influence. Beyond the turgid Wisc. Statutes there is another layer of regulation by the Department of No Rights. Knock one down and the other pops-up. Whack-A-Mole.

The conspiracy of ignorance masquerades as common sense.
 

UTOC-45-44

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Malum Prohibitum wrote:
If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

But I'm not. :cry:

Maybe somebody in Wisconsin will get the same idea. :D

"Is it true that all motor vehicles are off limits in Wisconsin?"



You are not in Wisconsin ???

Why these Q's then ???
 

Malum Prohibitum

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Doug Huffman wrote:
Malum Prohibitum wrote:
If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

Maybe somebody in Wisconsin will get the same idea. :D
Will Wisconsin Gun Owners do?
I don't know. Will they? I know nothing about Wisconsin organizations. Please let us know about what organizations are organizing open carry efforts combined with aggressiveeducation efforts for the police to avoid the harassment issues that worry everybody there.
 

Brigdh

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Malum Prohibitum wrote:
Doug Huffman wrote:
Malum Prohibitum wrote:
If I were in Wisconsin, I would start a group dedicated to openly carrying pistols in holsters whenever and wherever legal, with a goal of educating the local constabulary.

Maybe somebody in Wisconsin will get the same idea. :D
Will Wisconsin Gun Owners do?
I don't know. Will they? I know nothing about Wisconsin organizations. Please let us know about what organizations are organizing open carry efforts combined with aggressiveeducation efforts for the police to avoid the harassment issues that worry everybody there.
The only organization i know of is the WCCA, run by monkeyleg. Shotgun and I are citizens who are attempting to do something, but we have yet to form an actual organization.
 

UTOC-45-44

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Malum Prohibitum wrote:
UTOC-45-44 wrote:
You are not in Wisconsin ???

Why these Q's then ???
Curiosity. Did I unintentionally violate a forum rule? :shock:

Just wondered. That's all. You might have a Friend you are asking these Q's for :D.

Just glad if we all can help to answer any Q's you have at ANY time
 

apjonas

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As pointed out in the past - an encased firearm, even if unloaded, is prohibited by the concealed weapons law (Wis. Stat. 941.23). There is no way to carry (at least in the passenger compartment) without violating the law. If I had to choose, I would not encase because the rap for that will probably be less than the concealed carry charge (although I don't know for sure). I understand that 167.31 states "encased." However, the law is granting a "defense" to itself not another statute. It is possible to comply with both laws. Now I think that 167.31 is unconstitutional on its face but the WiSupCt has not dealt with that question (which is another good reason to carry openly (as case law defines it). You know what the answer on a challenge to 941.23 will be (probably). You have a better chance with a challenge to 167.31 - especially because legal carry is impossible (and thus the constitutional right is rendered nugatory - at least for vehicles, which ain't hash in this country).
 

Malum Prohibitum

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apjonas wrote:
As pointed out in the past - an encased firearm, even if unloaded, is prohibited by the concealed weapons law (Wis. Stat. 941.23). There is no way to carry (at least in the passenger compartment) without violating the law. If I had to choose, I would not encase because the rap for that will probably be less than the concealed carry charge (although I don't know for sure). I understand that 167.31 states "encased." However, the law is granting a "defense" to itself not another statute. It is possible to comply with both laws. Now I think that 167.31 is unconstitutional on its face but the WiSupCt has not dealt with that question (which is another good reason to carry openly (as case law defines it). You know what the answer on a challenge to 941.23 will be (probably). You have a better chance with a challenge to 167.31 - especially because legal carry is impossible (and thus the constitutional right is rendered nugatory - at least for vehicles, which ain't hash in this country).
Is there a definition of encased? I have not researched this. A lawyer who lived in Wisconsin (now in Georgia) told me a bag with a draw string would qualify because of the expansive definition. I have not looked it up. Is there any case law or statutory definition?
 
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