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Simple Question (but there may be no "simple answer")

Sven

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I have a carry permit in Minnesota. Coupled with my non-resident permit from Florida, I can legally carryin 31 states.

So, here's my question: What the heck is the law in Wisconsin regarding transporting a weapon through the state of Wisconsin in my vehicle??

For the life of me, I cannot seem to find a definitive answer, despite my search. :banghead:

By the way, I'm an attorney (although not a criminal attorney) and the state of the law in Wisconsin seems unusually (and frustratingly) ambiguous. :cuss:

Thanks!

Sven
 

Brigdh

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Sven wrote:
I have a carry permit in Minnesota. Coupled with my non-resident permit from Florida, I can legally carryin 31 states.

So, here's my question: What the heck is the law in Wisconsin regarding transporting a weapon through the state of Wisconsin in my vehicle??

For the life of me, I cannot seem to find a definitive answer, despite my search. :banghead:

By the way, I'm an attorney (although not a criminal attorney) and the state of the law in Wisconsin seems unusually (and frustratingly) ambiguous. :cuss:

Thanks!

Sven
Although pkbite's post is valid, I think there is a federal transport law that covers this (are you passing though WI or ending up in WI?). Not sure the specifics, but it goes something like as long as its legal where you live and where you want to end up, you may transport a firearm locked and unloaded in the trunk. Others on this fourm should know more
 

Sven

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Brigdh wrote:


Although pkbite's post is valid, I think there is a federal transport law that covers this (are you passing though WI or ending up in WI?). Not sure the specifics, but it goes something like as long as its legal where you live and where you want to end up, you may transport a firearm locked and unloaded in the trunk. Others on this fourm should know more

Oh, just passin' through. If I'm on vacation in Michigan, for example, I may want to carry in Michigan but have to pass through Wisconsin.

I drive down to Indianapolis every year. Same thing. I almost always pass through Wisconsin on the way there.

Side Question: Is there any likelihood that the Wisconsin state legislature will seriously consider a conceal carry law for that state?

Thanks!
 

Sven

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pkbites wrote:
It has to be unloaded and encased. You cannot open carry in a vehicle unless you fall within the exception (police officer, etc..)


See Wisconsin State Statute 167.31




http://www.legis.state.wi.us/statutes/Stat0167.pdf

That was helpful. Thank you.

Researching Wisconsin state statutes (at least on a free site like FindLaw) is very cumbersome. Maybe for those who are familiar with Wisconsin's system find it easy but for someone just going there for the first time, it was ugly!! :p

Sven
 

johnfenter

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The Federal law is found at 18 USC 926a. To wit:

Sec. 926A. Interstate transportation of firearms
Code:
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to
transport a firearm for any lawful purpose from any place where he
may lawfully possess and carry such firearm to any other place
where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment the
firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.

EFFECTIVE DATE                          
Section effective on date on which Firearms Owners' Protection
Act, Pub. L. 99-308, became effective, see section 2 of Pub. L.
99-360, set out as an Effective Date of 1986 Amendments note under
section 921 of this title.

SO, in theory, this supersedes any WI law on transporting firearms THROUGH
the state.
 

pkbites

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Sven wrote:
Side Question: Is there any likelihood that the Wisconsin state legislature will seriously consider a conceal carry law for that state?

They did twice. Both times the bill passed the Governor vetoed it. Both times the veto was upheld by the slimmest margin possible.

Now that the Dems control the State Senate (thanks to the hissy fit the country had in 2006) there is no chance for another crack at it until at least 2010.
 

Interceptor_Knight

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Wisconsin is relatively unrestrictive assuming it is not in the passenger compartment. If you place your firearm in the trunk in a gun case (a container made for the explicit purpose of encasing a firearm" which completelyencloses the firearm, you are set. It does not have to be locked. The magazine can be loaded and in the same container as the firearm as long as it is not inserted in the weapon. You can have 10K rounds loose in the container with it.

In the passenger compartment, they are picky. You can not have it in a case within your reach which includes your "lunge" reach. It is pretty much considered concealed if you know it is there, you can reach it and it is not readily viewable from outside the vehicle. It could be lit up in the neon letters GUN and the officer could claim it was not easily viewable.
 

Rick Finsta

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Iron Powered is correct - there is no exception to the CCW prohibition in WI if the firearm is unloaded. Technically, under the case law (WI Supreme Court), carrying a gun in your range bag meets the three-pronged test for a concealed weapon in this state. Keep it unloaded and in the trunk and you'll be fine.
 

Shotgun

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In my opinion they can be picky all they want about it being in the passenger compartment-- there's no legal requirement for it to be in the trunk. Some vehicles don't even have a trunk, e.g., a pickup. Too bad if the case conceals it, it is legally concealed because it's REQUIRED by law to be concealed in a case when in a vehicle. Not every instance of concealment is illegal, and certainly not an instance where one is required to conceal it. The statute says that no part of the firearm shall be visible when in a vehicle. If it meets the definition of "unloaded" and "encased" then end of story!
 

1FASTC4

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One of my cars is a corvette.... I wonder where they would expect me to carry it then. I'll be moving to Wis in 2 years. It'll be quite a change, 2nd amendment wise, for me.
 

Lammie

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There is no requirement under Wisconsin state law that a firearm must be carried "out of reach" in or on a venicle. If the weapon is unloaded and encased as required by statute 167.31(2)(b) you can carry it on your lap. In a pick up you can carry a firearm in a cab gun rack if it is encased in accord with 167.31(2)(b).
 

Rick Finsta

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I agree with you, Shotgun and Lammie, I'm just saying that the police have the overlap between two asinine laws with which to detain/arrest you, if they decide to be jerks. I will withold comment on how likely I think that instance would be...
 

Shotgun

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It's one of many things that require education among LEOs, well, make that everyone.

Even more to the point, it's one of the dumb laws that should be top priority to be done away with in Wisconsin!
 

Brigdh

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Lammie wrote:
There is no requirement under Wisconsin state law that a firearm must be carried "out of reach" in or on a venicle. If the weapon is unloaded and encased as required by statute 167.31(2)(b) you can carry it on your lap. In a pick up you can carry a firearm in a cab gun rack if it is encased in accord with 167.31(2)(b).
True, although I think the federal law does (i'll probably be proved wrong). The trunk (if available) is a good place however because you don't even half to tell the officer. On your lap however could lead to a rather interesting discussion
 

Shotgun

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I think if you need/want the protection of the federal law, it needs to be either in the trunk or, if there is no trunk, a locked container (other than the glove compartment).

But one would not need nor want, presumably, the federal protection unless one is traveling through a state or municipality that would otherwise prohibit possession of a firearm, e.g., Chicago, New York City, Washington, D.C. You ought to have it in a trunk anywhere in Illinois it appears, or for that matter in any state that requires licensing that you don't have-- states that don't give licenses to people from other states or don't recognize the license you have.

But Wisconsin doesn't ban or license guns, so the federal protection wouldn't be required here.

Unless the passenger seat is occupied, my gun's in the case on that seat. It's not unusual for it to be on my lap. Granted if I was pulled over I'd probably leave it on the seat rather than the lap, but I don't care if it's seen on the seat in Wisconsin. Only last week I was sitting in a parking lot at a restaurant using an unmistakable Glock pistol case as an impromptu desk to write a note when an unmarked police car pulled next to me. The officer got out, took a fairly long look at me, and walked into the restaurant without a word. We ate a few tables apart in peace.

Madison police do seem savvy in regards to legal transport in a vehicle. I've had the opportunity to mention my mode of transport a couple of times over the years and the worst I've ever gotten in reply was a mild expression of disapproval with an admission of the legality.

Prairie du Chien officer didn't seem to notice my handgun case next to me during a stop, nor did he take any notice of multiple long gun cases in my trunk when I opened it to retrieve my D.L.

Platteville officer never noticed my case.

County deputy in Minnesota pulled me over for doing 83 in a 65 zone, saw my Florida concealed permit as I got my DL out, and told me to have a nice day.

No tickets from any of the above stops, in case you are wondering.
 

Brigdh

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Interesting. Good to hear at least.

The one time I was pulled over was near Kewaskum (rural area) a few years back for doing 37 in a 35 (just changed from a 25 which is where the LEO claimed he clocked me). I was going home from a paintball game so I had a large rifle case in the back seat and was wearing camouflage (on top of being very dirty). After getting my DL, the LEO asked what was in the case, where I was going, where I came from, was there anything I'd like to let him know and several other specific questions more related to paintball and the contents of my vehicle than the suposed speeding violation. I got off with a warning, but the entire situation felt very weird.
 

Lammie

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I believe Shotgun's assesment of the fed. law 926A is correct. When the law was being debated it was known as the "pass through" law. It's intent was to give people a way to transport a firearm through a state or community that would normally restrict or not allow transport of the firearm into it's jurisdiction. It's probably questionable in light of the U.S. Supreme Cpurt decision in the Heller case whether or not it is now needed. Most of the locations the law was directed at California, L.A., New York, Illinois, Chicago and other s that have ownership licencing and/or right to purchase laws are being challenged in court as a result of the Heller case.
 

smithman

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I keep my pistol encased and unloaded in my passenger compartment. I keep a magazine in the case but not in the gun. The pistol is stashed underneath the passenger seat so I can get to it relatively quickly with a small reach but not have it in view of a cop should I be stopped.

Nobody should ever consent to a search but it is all the more important NOT to consent when you have a pistol in your car. By keeping the pistol case out of sight in the passenger compartment and never consenting to a search you will ALWAYS be fine, regardless of whoever stops you.

If you ever have to keep a loaded gun in the car place it on the dash so now it is unconcealed. This eliminates being charged with carrying concealed since the gun is unconcealed...and may subject you only to a $100 max fee based on the law.

Also, it is my understanding that an LEO cannot open a locked container of any kind in your car (including one with a gun in it) unless he has a search warrant (NOT just probable cause). So a loaded gun in a locked container would require much more paperwork for the LEO to prove that it is loaded....
 
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