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Thread: Question for the experts

  1. #1
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    My question is: May I carry my firearm in a case, in a backpack?

    Thanks in advance for the expert advice

  2. #2
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    A backpack, no. A case no also exept in your car and in state parks, and it MUST be unloaded. I have asked the question isn't carrying a gun around in a case concealed carry? and I believe it is. I am not a lawyer so take my answer for what it's worth, a fellow gun owner who gains more and more legal knowledge every day.

    ben

  3. #3
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    It is illegal to carry a concealed gun in Wisconsin in a holster or a backpack or a grocery sack or a ziploc baggie. Applying the seemingly required negative-logic, to carry a gun it must be obviously a gun.

  4. #4
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    Spongebob wrote:
    My question is: May I carry my firearm in a case, in a backpack?

    Thanks in advance for the expert advice
    Wait a minute...one can possess an unloaded/encased gun anywhere in the state, including inside a school zone. If your gun is unloaded/encased (encased on a container designed to hold a firearm) it doesn't matter where you carry the case whether in a backpack or in your hand, it is legal.

    Does someone else see if I am missing anything?

  5. #5
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    BJA wrote:
    A backpack, no. A case no also exept in your car and in state parks, and it MUST be unloaded. I have asked the question isn't carrying a gun around in a case concealed carry? and I believe it is. I am not a lawyer so take my answer for what it's worth, a fellow gun owner who gains more and more legal knowledge every day.

    ben
    Hello Ben, if carrying a gun in a case is CCW, there is no way to legally leave a gun store from picking up your gun. All an LEO would have to do is wait outside a gun store and arrest everybody who walked out with an encased firearm....which is what they law tells us to do. The requirement is unloaded/encased, period. I have never found a state law which is more stringent that that. There is some debate among those on this forum on this issue you bring up. This will give us another thread to discuss it. Some on this forum say that carrying in a case meets the three prong test for CCW and they are right that technically it does. However as I pointed out in the above example this sheds some light on the issue. Maybe some others can weigh in on this. Thanks for the post though, gives us a chance to figure it out.

  6. #6
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    Yea, it always seemed sort of like a catch-22 to me.

  7. #7
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    if it is loaded, It cannot be cased and carried on your person or in a vehicle.
    some states allow fanny-pack carry but that is not a viable option here and backpack carry would most likely get you a concealed carry arrest and charge.

    My understanding is;
    If the gun is loaded it must be holstered and worn in plain view with no part concealed by clothing or accessories except the holster that is used to carry it and while the firearmis viewable from 3 sides while anyplace but your home or a business that you either own orwhere your employer gives permission for you to carry for protection.

    Now if it is unloaded, and in a proper case strictly designed to encase a firearm, it can then be carried in a backpack, in a car, truck bicycle, ATV, watercraft, on a train or evenin a plane (under certain circumstances during commercial travel) or even with green egg's and ham, in a box, with a fox Etc Etc Etc.(Although I am Sam and Sam I Am, I am not an attorney or a judge)

    To be safe, I would follow the regulations for transporting a firearm ina motor vehicle.



  8. #8
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    Nutczak wrote:
    My understanding is;
    If the gun is loaded it must be holstered and worn in plain view with no part concealed by clothing or accessories except the holster that is used to carry it and while the firearmis viewable from 3 sides while anyplace but your home or a business that you either own orwhere your employer gives permission for you to carry for protection.
    In fact, private security persons in state law, it simply states that the gun has to be in "plain view". We can debate whether that means 3 sides or not, but that depends on where the person carries it. A straight strong-side or cross-draw will result in 3-side viewing, but apex carry may not. In either case the gun is not concealed per the law. I propose to wear only an OWB holster instead of an IWB so there is no mistaking that the firearm is supposed to be in plain view. This way tucking in your shirt behind the gun will never conceal it.

    edit: added last sentence

  9. #9
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    My understanding is that an unloaded firearm can be carried ANYWHERE within the state so long as it is fullyenclosed in a case that is designed for the transportation of firearms. Hell, even the airports allow an unloaded; encased firearm.
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  10. #10
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    I want to keep my range supplies in a backpack, and sometimes I want to ride my bike to the range, or even if I drive, I want to have everything in one case. I dont know why people are talking about all this other stuff in my thread, lol. It just seems that the firearm case laws are in direct conflict with the cc laws. Has anyone else noticed this anomaly of WI law?

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