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Thread: Bikes & guns & DNR

  1. #1
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    I was looking at the WI DNR website and came accross this

    I want to use something with wheels as a hunting blind, is this legal?
    It is illegal to possess a loaded or uncased firearm or bow in a vehicle or to shoot from a vehicle; therefore, it is illegal to use a vehicle as a hunting blind or stand, unless you are a disabled hunter with the appropriate permit. Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or other roadway. However, if you render a blind or stand with wheels incapable of transportation- remove one or more wheels from a hay wagon or put a car without a motor up on blocks, for instance, it would no longer be considered a “vehicle” and could then be used as a blind or stand.

    If you have additional questions, email Wildlife

    Bold and underlined is my highlighting

    by this deffinition would bikes be included? Is this acutlly a legal deffinition or just the opinion of someone who wants to make it easier for game wardens by warning people not to do something that is actually leagal?



  2. #2
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    Here is the web adress I found it at



    http://dnr.wi.gov/org/land/wildlife/faq/blinds/Q1.htm

  3. #3
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    340.01 Words and phrases defined. In s. 23.33 and chs. 340 to 349 and 351, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
    [ ... ]
    (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.
    From (sorry for the formatting);

    http://www.legis.state.wi.us/statutes/Stat0340.pdf

    CHAPTER 340
    VEHICLES — GENERAL PROVISIONS

  4. #4
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    Where do "bicycles" fit into this equation?

    And roller blades?

  5. #5
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    I am trying to gigure out if it is legal to open carry on a bike because there was a storry recently in southern wisconsin whare a man on a bike defended himself by pulling out a gun when someone tried to rob him (in a schoolzone I think) And after questioning and a visit to the hospital he got his gun back and no charges filed.

    I am not saying that he should be charged with anything but techenicly he could have bene charged with sevral things.

    I have also read about other people on this site (I think in Wisconsin)that ride bike with a holstered gun and I am wondeing if it is legal or not.



  6. #6
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    A bicycle is a vehicle under that statute and the Uniform Vehicle Code.

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    Doug Huffman wrote:
    A bicycle is a vehicle under that statute and the Uniform Vehicle Code.
    So what are you saying Doug, that O-C while riding a bicycle is against the law or is allowed? I say it is legal.
    Because I have seen postings here anddifferent newsstories that state open-carry while operating a non-motorized bicycle is not an unlawfulact in WI.

    Lets use the guy in Racine as a point, he was able to defend himself when attacked by 4 teenage thugs while riding his bicycle becuase he carried a loaded weapon on his person, the only question of legality in that case was that he was in a school zone and the prosecutor declined to press charges against him for that.





  8. #8
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    Nutczak wrote:
    while riding his bicycle ... the only question of legality in that case was that he was in a school zone
    You have better sources than do I or have made a legal conclusion.

    The original question is of the legal definition of a bicycle. It is a vehicle by 340.01(74) and the UVC. It is not a motor vehicle obviously.

    167.31 Safe use and transportation of firearms and
    bows.
    [ ...]
    (h) “Vehicle” has the meaning given in s. 340.01 (74), ... , except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle” has the meaning given for “motor vehicle” in s. 29.001(57).

    (2)
    [ ...]
    (b) Except as provided in sub. (4), no person may place, possess
    or transport a firearm,... in or on a vehicle, unless the firearm is unloaded and encased...
    [ ...]

    (4) EXCEPTIONS.
    [ ...]
    (c) Subsection (2) (b) and (c) does not apply to the holder of
    a Class A or Class B permit under s. 29.193 (2) who is hunting
    from a stationary vehicle.
    (cg) A holder of a Class A or Class B permit under s. 29.193
    (2) who is hunting from a stationary vehicle may load and discharge
    a firearm or shoot a bolt or an arrow within 50 feet of the
    center of a roadway if all of the following apply:...

    I had a co-worker, a senior, now long retired. He survived the SL-1 reactor accident for having the sniffles and laying out sick. Over his desk he had a placard that said, "Ask your own questions and find your own answers." He learned the hard way to take great care and conservatism in work practices that were for us very like reading the law, except we only had thirteen volumes of rules and how to's.

    Don't depend on someone else's research when your life hangs on it.

  9. #9
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    Doug Huffman wrote:
    Nutczak wrote:
    while riding his bicycle ... the only question of legality in that case was that he was in a school zone
    You have better sources than do I or have made a legal conclusion.

    The original question is of the legal definition of a bicycle. It is a vehicle by 340.01(74) and the UVC. It is not a motor vehicle obviously.

    167.31 Safe use and transportation of firearms and
    bows.
    [ ...]
    (h) “Vehicle” has the meaning given in s. 340.01 (74), and
    includes a snowmobile, as defined in s. 340.01 (58a), and an electric
    personal assistive mobility device, as defined in s. 340.01
    (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m)
    “vehicle” has the meaning given for “motor vehicle” in s. 29.001
    (57).
    (2)
    [ ...]
    (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.
    [ ...]
    (4) EXCEPTIONS.
    [ ...]
    (c) Subsection (2) (b) and (c) does not apply to the holder of
    a Class A or Class B permit under s. 29.193 (2) who is hunting
    from a stationary vehicle.
    (cg) A holder of a Class A or Class B permit under s. 29.193
    (2) who is hunting from a stationary vehicle may load and discharge
    a firearm or shoot a bolt or an arrow within 50 feet of the
    center of a roadway if all of the following apply:
    It specifically states "Motorized vehicles" includingsnowmobiles, and ATV's
    In section 167.31 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m)
    “vehicle” has the meaning given for “motor vehicle” in s. 29.001

    29.001 reads; "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.

    But then we have this definition:
    29.001(87)
    (87) "Vehicle" means any device for moving persons or property or pulling implements from one place to another on land or rails or in the air.

    340.01(2g)

    (2g) "All-terrain vehicle" means an engine-driven device which has a net weight of 900 pounds or less, which has a width of 48 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires. A low-pressure tire is a tire which has a minimum width of 6 inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches and which is designed to be inflated with an operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer.

    Since a bicycle is not an "engine driven device" , and no direct prohibition is listed anywhere for "Non-Notorized vehicles" and the clues that can be derived from the Racine case. I see nothing that prohibits carying of a firearm on a human-powered means of transportation. This would lead me to believe that roller skates, and ski's would also no be prohibited. As a matter of fact, I use XC skis when hunting snowshoe hares.

  10. #10
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    Doug Huffman wrote:
    "Ask your own questions and find your own answers."

    Don't depend on someone else's research when your life hangs on it.
    Knock your self out. I will not add to my 50,000+ miles bicycling by riding with a gun in Wisconsin. I did about 40,000 miles bicycling CCW in SC.

  11. #11
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    Nutczak wrote:
    It specifically states "Motorized vehicles" includingsnowmobiles, and ATV's
    In section 167.31 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle” has the meaning given for “motor vehicle” in s. 29.001
    I see that you didn't quote or copy "167.31 (15pm)" or provide a URL.

    Please provide a link to (15pm) because I don't find it at http://www.legis.state.wi.us/statutes/Stat0167.pdf ("updated and current through March 31, 2009.") that reaches only (5).

  12. #12
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    Whell I was looking for information about oc on a bike I came accross this

    167.31(4)(d)
    (d) $xhitlist_md=target-id=0-0-0-157323]Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle.

    Which in hunters saftey that was one thing that they drilled into us that is illegeal and should never be done.

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