Wisconsin Open Carry Guide

Wisconsin Statutes and Case Law Surrounding Firearms

This list may not be complete and is provided for your reference only. For real legal advise; as always, contact an attorney.

Statutes:

Wisconsin Stat. § 167.31 (Transportation in a motor vehicle.)
Wisconsin Stat. § 941.23 (Concealed weapon prohibition.)
Wisconsin Stat. § 939.22 (Words and phrases defined. "Dangerous Weapon")
Wisconsin Stat. § 948.605 (Gun free school zone law.)
Wisconsin Stat. § 948.61 (Other dangerous weapons in school. Needed for “school” definition.)
Wisconsin Stat. § 941.235 (Carrying of firearm in a “public building”.)
Wisconsin Stat. § 941.237 (Carryinghandgun where alcoholic beverages may be sold and consumed.)
Wisconsin Stat. §29.089 (Phrohibition in state parks.)
Wisconsin Stat. § 66.0409 (State preemption law.)
Wisconsin Stat. § 939.63 (Penalties; use of a dangerous weapon.)

Remember, just reading the statutes can get you into trouble. Case law based on those statutes isequally importantto know.


Case Law:

State v. Fry - 1986 WSC (defendant was properly convicted under § 941.23 for driving a vehicle with a gun locked in a glove compartment).


State v. Keith - Ct App. 1993 (To “go armed” does not require going anywhere. The elements for a violation of s. § 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden)


State v. Walls - Ct App. 1994 (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 § 941.23)


State v. Alloy - Wis. App. 2000 (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because “Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See[/i] State[/i] v. Asfoor[/i], 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach.")


State v. Cole - 2003 WSC (Companion case to State v. Hamdan)


State v. Hamdan - 2003 WSC (§ 941.23 is constitutional under Art. I, s. 25. Only if the public benefitin the exercise of the police power is substantially outweighed by an individual’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. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises)


State v. Fischer - 2006 WSC (§ 941.23 is constitutional as applied in this case. The defendant’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 state’s interest in prohibiting him from carrying a concealed weapon in his vehicle.)


State v. Vegas -2007 Milwaukee Cty. CC (The courtuses the Hamdan andFischer "two prong test"andgrants a pizza delivery mans motion to dismiss as it finds that § 941.23 is unconstitutional as applied to him.)



This post can be updated to fill in missing information. If you can find the correct links for all the case law I'll add them in.

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When transporting your firearm, it must be unloaded, encased, and our of reach.

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(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.

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(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.

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Admiral Rickover's prohibition on rewriting his Reactor Plant Manuals was a difficult lesson. He required us to copy & paste NAVSEA words.

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Anyone else, other than me, wonder why there are no case law annotations to ss 167.31?

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