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Thread: inherited guns and transport pistol by pickup

  1. #1
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    If you inherit a pistol, is there anything special you have to do with regards to WI law? I looked in the statutes and searched through this and other forums. I'm pretty certain that there is not, but thought I'd get some other opinions regarding this situation.

    Now, comes the really hard one: transport pistol by truck. What the heck is going on with this crazy state (I'm not from here so it's extra confusing.)? Is there a legal way to transport a pistol by pickup in WI or am I just supposed to tie it to the bumper like I just got married? Surely this place can't be as stupid as DC, where I would have had to disassemble it and throw away half the parts before Heller. What seems to be the common tactic for dealing with this and has anyone had any problems?

    As a newbie, I say thanks for the help. I hope to meet some of you folks around sometime.

  2. #2
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    I am not a lawyer. Believe nothing that you read or hear (from me) without verifying it yourself unless it fits your preexisting world view.

    There is no requirement to register any aspect of gun possession in Wisconsin - that I know.

    I believe that a pistol may be legally transported by vehicle by boxing it unloaded.

    The Wisconsin Statutes and Codes are bloated and turgid, aren't they? More than 2,000 chapters of laws telling a free people what they cannot do! Then the enforcement agencies to what they will.

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    Wedrive vehicles that do not have trunks or storage area's outside of the passenger compartment. (Tahoe, Silverado, Blazer, Corvette) So yes the fireamrs are in the passenger compartment, The only thing I have seen some overzealous LEO get his panties in a bunch over was that one of the 4 latches on my hard rifle case was not fully closed. And if you have a zippered soft case, make sure it is fully zipped.

    The law as written does not allow for a firearm in the passenger compartment, but it is flawed. If I was worried about it, I would case the pistol, and have a trigger lock on it for transport. It could then be shown it was not in reach for immediate use.

    I keep my firearms cased andbehind the front seats, and have not had any problems, Maybe a clarification from your local LEO may help?



  4. #4
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    Nutczak wrote:
    The law as written does not allow for a firearm in the passenger compartment, but it is flawed.
    I agree the law is constitutionally and tactically flawed (insofar as it does not allow us to have a loaded readily available firearm next to us in a vehicle), but I disagree that is does not allow for a firearm in the passenger compartment. There's nothing in the statute that prohibits transporting a firearm in the passenger compartment. That is a commonly held myth.

    The statute reads "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."

    Edit: Clarification from the local LEO? Good luck with that! In my conversations with police over the years I've found that it's about a 50/50 chance on a good day that any individual policeman will know the law. The Madison police, so far, seem to know it. On an episode of "Cops" I saw once, a Wisconsin State Patrol Trooper knew it when he stopped a trucker and found an unloaded and encased shotgun next to him in the cab. At least one county deputy and small municipal department LEO I've spoken with recently seemed ignorant. The Chief and Assistant Chief of Police in Beloit apparently do not know the law, based on some recent news reports and my personal correspondence.
    A. Gold

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    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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    Thanks for all your help. I agree that the laws in WI are confusing and inconsistent. Having lived in DC (pre-Heller) for a few years though, I appreciate that I can even own a gun again. The last thing I want is some half-brain celled LEO shooting me or arresting me on firearms charges. Not my idea of fun and way out of my price league right now. Thanks again, you guys have been helpful.

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    Shotgun, many cops I've met in WI confuse the State transport statute with the Federal Amnesty Statute. The federal statute says unloaded and locked up or in the trunk with no ammunition in the same case, whereas state law says unloaded and encased, and by the statutory definition of "unloaded," you can have a loaded magazine in the same case, just not inserted into the weapon.

    The trouble here, is that the CCW prohibition's accompanying case law gives us the three-point test for CCW that doesn't take into account whether or not the weapon is loaded. So, if you have an unloaded and encased firearm next to you in your car, then it is concealed from ordinary view, within easy reach, and you know it's there. So the (******) judicial test means that it's probably CCW.



  7. #7
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    Doug Huffman wrote

    The Wisconsin Statutes and Codes are bloated and turgid, aren't they? More than 2,000 chapters of laws telling a free people what they cannot do! Then the enforcement agencies to what they will.



    Mr. Huffman, very well said.

  8. #8
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    Rick Finsta wrote:
    Shotgun, many cops I've met in WI confuse the State transport statute with the Federal Amnesty Statute. The federal statute says unloaded and locked up or in the trunk with no ammunition in the same case, whereas state law says unloaded and encased, and by the statutory definition of "unloaded," you can have a loaded magazine in the same case, just not inserted into the weapon.

    The trouble here, is that the CCW prohibition's accompanying case law gives us the three-point test for CCW that doesn't take into account whether or not the weapon is loaded. So, if you have an unloaded and encased firearm next to you in your car, then it is concealed from ordinary view, within easy reach, and you know it's there. So the (@#$%ty) judicial test means that it's probably CCW.

    Well, if the three-point test was strictly applied it wouldn't matter if you were in a vehicle, you wouldn't ever be allowed to have an encased firearm (by definition and by requirement "concealed") within your reach. You could be arrested just leaving the gun shop with your new rifle in the box!
    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  9. #9
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    That 3-prong concealment test is absolute CRAP! It's as murky as some of the multi-prong "tests" that Sandra Day OConnor managed to inflict upon us during her time at SCOTUS. I'm convinced that to become a supreme, you have to dismiss all reasonable thought so you can concoct worthless opinions.

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