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Thread: So I thought concealed carry was illegal...

  1. #1
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    So I thought concealed carry was illegal. Why then, must my firearm be concealed in a case in so many situations? The courts deemed that an open-gun on the front seat of your car is concealing it. How is it being encased on the front seat not concealing it then? WTF

    In a school zone where guns aren't allowed, they must be concealed in a case. WTF!

    Think about this....

    Just to paraphrase, the law says something along the lines of "The gun must be encased in a container designed specifically as a gun case."

    So..... If I buy a soft leather zipper gun case, and then add belt loops and wear it on my belt, Is that open carry? concealed carry? encased carry? WTF!!

    Lets say I take that same leather case with gun in it, and put it in a range bag with ammo and eye/ear protection. Did I conceal a deadly weapon? The case already conceals it 100%. What If I put the case in a backpack? What if I tucked the case into my pants and put my shirt over it? It's encased in a case designed for guns... WTF!!!


    I want to put my pistol in a case, and then carry it in my bookbag. Is this concealing? What a mess.

  2. #2
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    I believe the"vehicle considered concealment"issue came about as a way to combat poaching of game animals by the DNR. But I may be wrong too.
    I do know FL allows carrying of a loaded firearm in a vehicle without a CCW permit.
    It has to be cased in something though, a glove compartment or center console is acceptable. While a holster with the gun in plain view is not from the information I gathered while living and visiting that state. Their state website is difficult to navigate.



  3. #3
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    I agree spongebob, these laws are ridiculous. It's almost as if were doing something illegal for just ouching our gun anywhere outside of our property. I mean these laws are so conflicting they could be all called unconstitutional.



    Ben

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    The worst part is that it is supposed to be in a case, unloaded, and out of reach. Try doing that on a 4-wheeler or motorcycle.

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    nevinsb wrote:
    The worst part is that it is supposed to be in a case, unloaded, and out of reach. Try doing that on a 4-wheeler or motorcycle.
    Or even in a pick-up truck.

    No way, no how am I leaving any firearm in the bed of my truck.

  6. #6
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    It's just like my other post, about mopeds. You can carry on a bike. There is a legal object called a moped, which is a scooter and not really a moped, and a legal object called a motor-bicycle which is actually a moped, ha ha. But I would think you can carry on a motor-bicycle. You follow the same rules of the road as a bicycle, and need a bicycle license, not a moped license. It's such a mess just like gun laws.

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    Regular Member Lurchiron's Avatar
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    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

  8. #8
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    The WI Supreme Courtgave prosecutorsof CCW violations a three prong test consisting of;

    1. The weapon must be hidden from ordinary observation or view(I'm paraphrasing butI'm pretty close)

    2. The weapon must be within reach (this includes if you have to move only a few feet to access the weapon, it doesn't neccessarily have to be on your person)

    3. The person must know the weapon is present.

    before they couldprosecute a person for violating the CCW statute.

  9. #9
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    But does that only count for CCW and not illegal transport of a firearm. If you have a loaded firearm in your trunk or otherwise within your vehicle, you are illegally transporting it. If it is loaded and within reach, you are in violation of the aforementioned SS as well as the CCW statute. If it is unloaded and encased in your vehicle, I think they they'll have a hard time getting CCW charges to stick or even illegal transport. IANAL, but that is how I interpret the 6th grader writtenstate statutes of WI.
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

  10. #10
    Regular Member Lurchiron's Avatar
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    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

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    I am in agreement with the last 3 posters,
    But then I found this little tidbit on the Michigan thread that has got me concerned with how some judges may rule on what is considered concealed or "out of reach".
    http://coa.courts.mi.gov/documents/O...229080.OPN.PDF

    Apparently this guy hadfully-casedfirearms in the trunk of his car when he got busted for being a peeping-Tom (yeah, I know but lets just concentrate on the weapons charges)

    Even though the firearms were cased and in the trunk out of his car, out of reach or control, the police charged himwith unlawful concealment of firearms(there issome weirdpermitting requirement in MI that may have been a part of this too) the circuit court dismissed the unlawful concealment charges because they firearms were cased and in the trunk, but the prosecutor appealed the verdict and got the dismissal overturned in a higher court. See if you can make any sense of the PDF link I attached!

    I am posting this because I think it is relevant to our concerns. If MI sees a cased firearm in the trunk of a car as a concealed weapon, what would a liberal WI prosecutororjudge think, or do in a case like this?

    This is the exact reason we need legal clarification on so many of our contradictory firearm laws in WI.because what we may know as being legal from our interpretation and opinion of attorneys and some judges about our goofy gun laws, We may in fact be considered illegal by a LEO or a judge and find ourselves fighting for ourfreedom in a courtroom.

  12. #12
    Regular Member Lurchiron's Avatar
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    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

  13. #13
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    Okay so back to this issue. From what I can tell we are screwed either way, we have no recognized constitutional rights in Wisconsin. If you need to carry your gun in a school zonethe statute I believe says it must be encased and unloaded, but it may directly be in your freaking hand. When I go camping in a state park the firearm has to be unloaded and encased yet it's either in my hand or in a "case" on my belt.......



    WOW..... So in effect concealed unloaded carry is legal in some cases yet..... you could still get busted for it! Is it just me or do we need to some how wipe the whole gun statute slateclean? Those people in Madison have been ******* all over the constitution and us too long! Taste something salty in your mouth? I do!



    Ben

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