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OC on a motorcycle?

husaria

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This is my first post, but I've read a lot of them so far. My first question is: I wonder if anyone's had experience with OC on a bike, here in wisconsin. Just for the record, ain't no way I'm gonna be the first. OC is trouble, in the eyes of law enforcement, motorcycles perhaps a bit less so, but I don't want to combine the two, but AM curious. Of course carrying in a car is automatically CC, but I would think a motorcycle would not (necessarily) be.
 

Agent1187

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Sorry to rain on the parade, but in pretty much any case, it's illegal to have an uncased firearm in/on a vehicle.
Wisconsin Statutes: 167.31(2)(b)
(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 the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
 

Shotgun

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Agent1187 wrote:
Sorry to rain on the parade, but in pretty much any case, it's illegal to have an uncased firearm in/on a vehicle.
Wisconsin Statutes: 167.31(2)(b)
(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 the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
But, importantly, the fine for violation of 167.31, I remembercorrectly,is a maximum of $100. Whereas a concealed weapons charge is quite a bit more.
 

smithman

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Once you find the definition of the word Vehicle" this will answer itself"

340.01(74)
(74) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile or electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

Since a bike cannot be taken on a highway, then the definition does not count. Since a Motorcycle can, I think that it does apply. Good news for handicapped people...they can OC on their mobility device without violating the statute.:lol:

Shotgun, you are correct. To add some more details:

Carrying a gun on your dashboard in plain view is not concealed weapons in a car. But it would subject you to a $100 fine since it is not encased. Whenever I go to an ATM in my car (big targets for theives, esp at night) I uncase and load my firearm, and place it on my dashboard. This way if I ever had to use it, I would not be charged for CCW but only for the $100 fine.
 

husaria

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Thanks for all the replies guys, I'd come to the same conclusion myself after more research. Like I said though, I wasn't gonna be the first to do it anywy.

Scott
 

pkbites

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Rick Finsta wrote:
CCW isa misdemeanor with a $100 maximum fine, so it's a wash..

This is incorrect.

While CCW is a misdemeanor, a state charge of carrying a concealed weapon in Wisconsin is punishable by a fine up to $10,000, 9 months imprisonment, or both.

Local ordinances of CCW include fines but no jail time because ordinance violations are infractions, not crimes.

HOWEVER, no municipality that I know of will charge a local ordinance when the concealed weapon is a firearm. It's always prosecuted as a state crime.
 

Rick Finsta

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You're right - I had gotten the two mixed up, but found the penalties for the different misdemeanor levels, and Class A is exactly as you have listed. These convoluted laws make me want to write nasty (but non-threatening) letters to the governor.

I like to end most of those with "This only goes to prove, that you are the leading #%&hole in the State." God Bless Mel Brooks!
 
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