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Thread: Is there anything statute preventing carrying mags in your pocket?

  1. #1
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    Hey,
    I have poured over statute, and am planning to go oc this sat. Has anyone come across any statutes preventing you from carrying a loaded magazine in your pocket. How about in a vehicle? I could not find anything preventing you from doing so. Thanks
    Ben

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    There is nothing. Except maybe at an airport when boarding, but I have not found the actual policy.

    Edit: I did find this link:http://science.howstuffworks.com/airport-security7.htm

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    esstealth93 wrote:
    Hey,
    I have poured over statute, and am planning to go oc this sat. Has anyone come across any statutes preventing you from carrying a loaded magazine in your pocket. How about in a vehicle? I could not find anything preventing you from doing so. Thanks
    Ben
    It's completely legal, including to carry them into public buildings, schools, taverns. A magazine is not a firearm. Anyone who tells you differently is wrong.
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    The free man is a warrior. - Nietzsche "Twilight of the Idols"

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    You can also carry them in your vehicle.

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    Shotgun wrote:
    esstealth93 wrote:
    Hey,
    I have poured over statute, and am planning to go oc this sat. Has anyone come across any statutes preventing you from carrying a loaded magazine in your pocket. How about in a vehicle? I could not find anything preventing you from doing so. Thanks
    Ben
    It's completely legal, including to carry them into public buildings, schools, taverns. A magazine is not a firearm. Anyone who tells you differently is wrong.
    Agreed. I used to carry a spare in my pocket but I hate stuff in my pockets so I just went and bought a dual mag holder.
    The 1911 pistol remains the service pistol of choice in the eyes of those who understand the problem. Back when we audited the FBI academy in 1947, I was told that I ought not to use my pistol in their training program because it was not fair. Maybe the first thing one should demand of his sidearm is that it be unfair. Col. Jeff Cooper, GUNS & AMMO, January 2002

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    Hmm, I guess I kinda wondered about this, too. I have one mag in the firearm and the spare in a mag holder. I usually just unload and put it all in the case when I'm driving. Does this all mean that I wouldn't necessarily have to put away the spare mag? I could just keep it on me?

    Of course, it wouldn't do me much good if someone tried to steal my car from me while I was in it. I could always hit them over the head with the spare magazine, but I'd probably be better off just finding another usefor my steering wheel club.

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    Sajuuk wrote:
    Hmm, I guess I kinda wondered about this, too. I have one mag in the firearm and the spare in a mag holder. I usually just unload and put it all in the case when I'm driving. Does this all mean that I wouldn't necessarily have to put away the spare mag? I could just keep it on me?

    Of course, it wouldn't do me much good if someone tried to steal my car from me while I was in it. I could always hit them over the head with the spare magazine, but I'd probably be better off just finding another usefor my steering wheel club.
    I keep all my mags on me in the cab of my vehicle. I do not put any mags in the case with my firearm to avoid any question of whether it's loaded or not.
    The 1911 pistol remains the service pistol of choice in the eyes of those who understand the problem. Back when we audited the FBI academy in 1947, I was told that I ought not to use my pistol in their training program because it was not fair. Maybe the first thing one should demand of his sidearm is that it be unfair. Col. Jeff Cooper, GUNS & AMMO, January 2002

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    Regular Member AaronS's Avatar
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    Ammo and gun should not be in the same case when in a car. I am sure Doug will pull up the lawon this.

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    AaronS wrote:
    Ammo and gun should not be in the same case when in a car. I am sure Doug will pull up the lawon this.
    Um, no.

    SS 167.31

    (2)
    PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND

    ROADWAYS.

    (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.



    (b) “Encased” means enclosed in a case that is expressly made

    for the purpose of containing a firearm and that is completely

    zipped, snapped, buckled, tied or otherwise fastened with no part

    of the firearm exposed.



    (g) “Unloaded” means any of the following:

    1. Having no shell or cartridge in the chamber of a firearm or

    in the magazine attached to a firearm.

    2. In the case of a cap lock muzzle−loading firearm, having

    the cap removed.

    3. In the case of a flint lock muzzle−loading firearm, having

    the flashpan cleaned of powder.


    Nothing in there says the ammo and firearm must be in separate locations.
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

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    Founder's Club Member Brass Magnet's Avatar
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    AaronS wrote:
    Ammo and gun should not be in the same case when in a car. I am sure Doug will pull up the lawon this.
    There is federal law to that effect but I know of no state law in WI.

    Here is the Federal law.

    Section 926A. Interstate transportation of firearms

    Notwithstanding any other provision of any law or
    any rule or regulation of a State or any political
    subdivision thereof, any person who is not otherwise
    prohibited by this chapter from transporting, shipping,
    or receiving a firearm shall be entitled to transport a
    firearm for any lawful purpose from any place where he
    may lawfully possess and carry such firearm to any
    other place where he may lawfully possess and carry such
    firearm if, during such transportation the firearm is
    unloaded, and neither the firearm nor any ammunition
    being transported is readily accessible or is directly
    accessible from the passenger compartment of such
    transporting vehicle: Provided, That in the case of a
    vehicle without a compartment separate from the driver's
    compartment the firearm or ammunition shall be contained
    in a locked container other than the glove compartment
    or console.
    Here is the relevant state law:

    Wisconsin State Statute 167.31

    http://www.legis.state.wi.us/statutes/Stat0167.pdf


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    Brass Magnet wrote:


    Here is the Federal law.

    Section 926A. Interstate transportation of firearms

    *Notwithstanding any other provision of any law or
    *any rule or regulation of a State or any political
    *subdivision thereof, any person who is not otherwise
    *prohibited by this chapter from transporting, shipping,
    *or receiving a firearm shall be entitled to transport a
    *firearm for any lawful purpose from any place where he
    *may lawfully possess and carry such firearm to any
    *other place where he may lawfully possess and carry such
    *firearm if, during such transportation the firearm is
    *unloaded, and neither the firearm nor any ammunition
    *being transported is readily accessible or is directly
    *accessible from the passenger compartment of such
    *transporting vehicle: Provided, That in the case of a
    *vehicle without a compartment separate from the driver's
    *compartment the firearm or ammunition shall be contained
    *in a locked container other than the glove compartment
    *or console.

    That's for transporting from state to state, not within a state.

    There are no laws or statutes that anyone has been able to find that states you cannot carry a loaded mag(not attached to firearm) and firearm in the same case

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    When I was accused of storing ammunition in a magazine and in the same case as the firearm, I was quoted 167.31. This section of the statute has nothing to do with ammunition (Other than making sure it is not attached to the firearm). I could not find any court case regarding this matter either.

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    Woodchuck wrote:
    Brass Magnet wrote:


    Here is the Federal law.

    Section 926A. Interstate transportation of firearms

    Notwithstanding any other provision of any law or
    any rule or regulation of a State or any political
    subdivision thereof, any person who is not otherwise
    prohibited by this chapter from transporting, shipping,
    or receiving a firearm shall be entitled to transport a
    firearm for any lawful purpose from any place where he
    may lawfully possess and carry such firearm to any
    other place where he may lawfully possess and carry such
    firearm if, during such transportation the firearm is
    unloaded, and neither the firearm nor any ammunition
    being transported is readily accessible or is directly
    accessible from the passenger compartment of such
    transporting vehicle: Provided, That in the case of a
    vehicle without a compartment separate from the driver's
    compartment the firearm or ammunition shall be contained
    in a locked container other than the glove compartment
    or console.

    That's for transporting from state to state, not within a state.

    There are no laws or statutes that anyone has been able to find that states you cannot carry a loaded mag(not attached to firearm) and firearm in the same case
    The other thing is this, 926A is an entitlement clause. It does not REQUIRE that you transport the firearm in any specific manner. It does notREQUIRE that you carry the ammo in any particular way.

    926A ALLOWS an individual to be exempt from State and Local laws IF they CHOOSE to transport their firearm/ammunition in the manner described.

    926A DOES NOT require that anyone to transport their firearm/ammunition in the manner described.

  14. #14
    Founder's Club Member Brass Magnet's Avatar
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    I agree guys,

    I just posted it because it was the only thing I could think of that has anything to do with how you transport your ammo; at least in Wisconsin.


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