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You'll definately be on shakey legal ground, but I think that Mr. Alloy had more than the CC issue working against him when he was stopped. IANAL, this is not legal advise, but members of my gun club frequently transport their firearms on their HOGS. This includes strapping their cased shotguns across the back seat and saddlebags. [/align]
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I borrowed the below caselaw from another post, but it definately is applicable here. [/align]
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A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raisethe constitutional defense: 1) under the circumstances, did the defendant’s interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state’s interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056[/align]
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I highlighted the above snippet from Wi Stat. 941.23.
Since my having an unloaded fully encased weapon in the passenger compartment of my truck is the only
reasonable means for proper transport in accordance with what is written in the statute.
Since one cannot be reasonably expected to have a firearm in the open bed of a truck available for anyone to grab or for it to be out in inclement weather.[/align]
[align=left]I do not think State V. Alloy is a reasonable case to use for this argument becuase there was alot of other things going on with his arrest and charges. And nowhere does it state if the firearm is loaded or unloaded. I do agree that traveling with a loaded weapon in a case is a citable offense under current WIlaw.[/align]
[align=left]Here are some of the chargesAlloy was also dealing with;[/align]
[align=left]The jury acquitted Alloy on charges of attempted first-degree intentional homicide and first-degree reckless endangerment, but convicted him of false imprisonment, misdemeanor battery and two counts of carrying a concealed weapon. This appeal only challenges the conviction for carrying the concealed handgun.[/align]
[align=left]2 All references to the Wisconsin Statutes are to the 1997-98 version unless otherwise[/align]
noted.
The full document can be found here http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=15922