Is there anything statute preventing carrying mags in your pocket?

esstealth93 · Jul 29, 2009

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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

J.Gleason · Jul 29, 2009

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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

Shotgun · Jul 29, 2009

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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.

J.Gleason · Jul 29, 2009

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You can also carry them in your vehicle.

GlockMeisterG21 · Jul 29, 2009

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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

Click to expand...

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.

Sajuuk · Jul 29, 2009

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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.

GlockMeisterG21 · Jul 29, 2009

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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.

AaronS · Jul 29, 2009

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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.

pvtschultz · Jul 29, 2009

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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

[align=left](2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND[/align]
[align=left]ROADWAYS. [/align]
[align=left](b) Except as provided in sub. (4), no person may place, possess[/align]
[align=left]or transport a firearm, bow or crossbow in or on a vehicle,[/align]
[align=left]unless the firearm is unloaded and encased or unless the bow or[/align]
crossbow is unstrung or is enclosed in a carrying case.

[align=left](b) “Encased” means enclosed in a case that is expressly made[/align]
[align=left]for the purpose of containing a firearm and that is completely[/align]
[align=left]zipped, snapped, buckled, tied or otherwise fastened with no part[/align]
of the firearm exposed.

[align=left](g) “Unloaded” means any of the following:[/align]
[align=left]1. Having no shell or cartridge in the chamber of a firearm or[/align]
[align=left]in the magazine attached to a firearm.[/align]
[align=left]2. In the case of a cap lock muzzle−loading firearm, having[/align]
[align=left]the cap removed.[/align]
[align=left]3. In the case of a flint lock muzzle−loading firearm, having[/align]
the flashpan cleaned of powder.

[align=left][/align]
[align=left]Nothing in there says the ammo and firearm must be in separate locations. [/align]

Brass Magnet · Jul 29, 2009

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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

Woodchuck · Jul 29, 2009

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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

nevinsb · Jul 30, 2009

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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.

Decoligny · Jul 30, 2009

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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.

Click to expand...

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.

Brass Magnet · Jul 30, 2009

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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.

Is there anything statute preventing carrying mags in your pocket?

esstealth93

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J.Gleason

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Shotgun

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GlockMeisterG21

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Sajuuk

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AaronS

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pvtschultz

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Brass Magnet

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Woodchuck

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