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Thread: How to transport handgun in vehicle

  1. #1
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    Can anyone tell me the proper way to transport a pistol in Wisconsin ??

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    Campaign Veteran GlockMeisterG21's Avatar
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    Completely unloaded, meaning no round in the chamber or any rounds in the magazine attached to then gun. It must also be fully encased and secured in a gun case. Said case must be out of your reach when you are in the vehicle. I suggest the trunk if you have one.
    “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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    Let me add "In a case specifically made to house a firearm with no part sticking out of the case, and all closures fully closed"

    "out of reach" is a topic of dissention when it comes totransporting any firearm, it has been interpreted quite a few different ways by both law enforcement, the general public, judicial, and the legislators.

    To be absolutley safe from an overzealous officer,(DNR or otherwise)in the trunk would be the best bet, although I do not have a trunk or cap on my truck, so I place my firearms in a proper case, unloaded, and in the passenger seat of my truck in full view becuase I have no other options. When I am stopped and will be leaving the guns in my truck, they get placed behind the drivers seat and covered with a jacket or towel to keep prying eyes from seeing them.

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    Regular Member Interceptor_Knight's Avatar
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    Nutczak wrote:
    I place my firearms in a proper case, unloaded, and in the passenger seat of my truck in full view becuase I have no other options.
    I recommend that people put hand guns in a long gun case and place the case behind the seat of the truck. It would take Houdini to get a long gun case from behind the seat.

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    Don't you think a long gun case would attract more attention when removing your fire arm from the vehicle?

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    J.Gleason wrote:
    Don't you think a long gun case would attract more attention when removing your fire arm from the vehicle?
    I am not concerned about attracting attention when I am removing it from the vehicle. Removing thehandgun from the case and holstering itor removing it from the holster and inserting it in the case is not disorderly conduct or displaying it in a threatening manor. You can park in a spot where you can do this discretely if you have concern.

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    Just curious on this... I've been trying to verse myself in the letter of the law lately and I do not see where it is written that the firearm must be "out of reach" when transporting. I hear that often on the forum and not wanting to put myself in a bad situation have been abiding by it when I choose to OC. In the 2007āˆ’08 Wis. Stats. database, updated and current through 2009 Act 39 and August 17, 2009 it is written that

    (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.

    Thesegment goes on more, but nowhere have I seen anything about "out of reach." What am I missing?

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    You are missing the concealed carry statute. The court has ruled that complying with the "safe transportation" statute does not exempt you from the concealed carry statute. You must comply with both. Lunge reach is considered within reach. In a locked glove box or a locked compartment between the seats is within reach.

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    jeff9980 wrote:
    Thesegment goes on more, but nowhere have I seen anything about "out of reach." What am I missing?
    You are missing, and the benighted interrupter failed to cite, the annotations to case law associated with the statute.

    941.23 Carrying concealed weapon. Any person except
    a peace officer who goes armed with a concealed and dangerous
    weapon is guilty of a Class A misdemeanor.
    Notwithstanding s.
    939.22 (22), for purposes of this section, peace officer does not
    include a commission warden who is not a stateāˆ’certified commission
    warden.
    History: 1977 c. 173; 1979 c. 115, 221; 2007 a. 27.
    The burden is on the defendant to prove that he or she is a peace officer and within
    the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
    A defendant was properly convicted under this section for driving a vehicle with
    a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565
    (1986).
    To ā€œgo armedā€ does not require going anywhere. The elements for a violation of
    s. 941.23 are: 1) a dangerous weapon is on the defendantā€™s person or within reach; 2) the defendant is aware of the weaponā€™s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).

    [ ... ]

    Please observe OCDO Rule 7)

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    Regular Member Interceptor_Knight's Avatar
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    Doug Huffman wrote:
    Please observe OCDO Rule 7)
    Sorry for continuing on the tangent started by Doug...... This will only take a moment.....
    [/suP]And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?


    How convenient to point out rule #7 while youviolate rule #5 in the same post...... Childish manipulation of a screen name in order to enact a passive agressive insult should be below someone of your maturity level.



    Doug, you obviously have more free time than I. The search function works well. There is not a necessity to include the text for every Statute mentioned casually in each post, especially for the most common ones which are referred to almost daily.

    Some of us have jobs. I posted a few lines to get him pointed in the right direction before I had to head out the door. You couldhave merely added information instead of acting like a jerk.


    Please observe OCDO Rule #5)...

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    Insult and offense, like beauty, lie in the eye of the beholder. That sentence is not a paraphrase of Shakespeare, who did write,

    Love's Labour's Lost, II,1, 497
    Good Lord [ ...], my beauty, though but mean,
    Needs not the painted flourish of your praise:
    Beauty is bought by judgement of the eye,
    Not utter'd by base sale of chapmen's tongues:
    I am less proud to hear you tell my worth
    Than you much willing to be counted wise
    In spending your wit in the praise of mine.
    Your understanding of passive-aggressive behavior is faulty. I commend to you the Diagnostic and Statistical Manual of Mental Disorders IV, Appendix B "Criteria Sets and Axes Provided for Further Study".

    IOW ****

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    Doug Huffman wrote:
    Your understanding of passive-aggressive behavior is faulty. I commend to you the Diagnostic and Statistical Manual of Mental Disorders IV, Appendix B "Criteria Sets and Axes Provided for Further Study".

    IOW ****
    My bad. You are correct. You were not being passive aggressive, you were being openly agressive andactingimmature.

    As always, thank you for your support... As a wise philosopher once said.. "If you can't be an athlete, be an athletic supporter"......

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    Hijack over........:?

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    Doug Huffman wrote:
    941.23 Carrying concealed weapon. Any person except
    a peace officer who goes armed with a concealed and dangerous
    weapon is guilty of a Class A misdemeanor.
    Notwithstanding s.
    939.22 (22), for purposes of this section, peace officer does not
    include a commission warden who is not a stateāˆ’certified commission
    warden.
    History: 1977 c. 173; 1979 c. 115, 221; 2007 a. 27.
    The burden is on the defendant to prove that he or she is a peace officer and within
    the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
    A defendant was properly convicted under this section for driving a vehicle with
    a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565
    (1986).
    To ā€œgo armedā€ does not require going anywhere. The elements for a violation of
    s. 941.23 are: 1) a dangerous weapon is on the defendantā€™s person or within reach; 2) the defendant is aware of the weaponā€™s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).

    [ ...]

    Please observe OCDO Rule 7)

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    Regular Member Interceptor_Knight's Avatar
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    jeff9980 wrote:
    Just curious on this... I've been trying to verse myself in the letter of the law lately and I do not see where it is written that the firearm must be "out of reach" when transporting.
    Here are some additional footnotes found under the statute which make things interesting...

    http://www.legis.state.wi.us/statutes/Stat0941.pdf


    941.23 Carrying concealed weapon.
    A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).

    The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individualā€™s need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. .

    A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raise the constitutional defense: 1) under the circumstances, did the defendantā€™s interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the stateā€™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, 01āˆ’0056. This section is constitutional as applied in this case. The defendantā€™s interest in exercising his right to keep and bear arms for purposes of security by carrying a concealed weapon in his vehicle does not substantially outweigh the stateā€™s interest in prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher, 2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04āˆ’2989.




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    Thanks for all of the info

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