imported post
Whether or not a weapon properly encased iAW 167.31 is "hidden from view" is confusing to say the least. Even the courts seem confused. In the final evaluation I lean toward shotgun's opinion. Perhaps we are somewhat paranoid and jousting at windmills concerning the question. I'll share with you an email I received from Michael Lutz of the DNR. Mr. Lutz is the top legal representative of the DNR. He and I share a number of exchanges concerning the "hidden firearm" issue. The following email was written at 10:01 AM on September 17, 2006.
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Dear Mr. Lamminen,
In response to your message of September 7, 2006, I would like to reiterate for you the Wisconsin Department of Natural Resource's position in response to your concern that compliance with Wis. Stat. § 167.31(2)(b) could create a conflict with Wis. Stat. § 941.23.
The previous memorandum and email that I provided to you on April 18, 2006 did not imply that you must ensure that your gun case is out of reach in order to comply with the concealed carry law. Instead, the email indicated that if you wanted to be absolutely certain you are not in violation of Wis. Stat. § 941.23, you could ensure your encased gun was out of your reach. The memorandum provided that recommendation by relying on the unpublished opinion of State v. Alloy, which stated that an "encased weapon can be lawfully transported out of reach." 2000 WI app 116, P3 (Wis. Ct. App. 2000), pet. denied, 2000 WI 88 (Wis. 2000). However, the court's decision in that particular case, which involved a Jeep, should not be construed as requiring all individuals in all types of vehicles to keep their encased weapons out of reach. Instead, the case merely provides additional assurance for individuals in a truck or car who are concerned about complying with both Wis. Stat. § 167.31(2)(b) and Wis. Stat. § 941.23.
As discussed in the memorandum, the requirements of Wis. Stat. § 167.31(2)(b) have been interpreted by a Wisconsin court as an exception to Wis. Stat. § 941.23. State v. Walls, 190 Wis. 2d 65 (Wis. Ct. App. 1994). In that case, the court held that a defendant who left a handgun on the passenger seat of the car he had been riding in had a concealed weapon as defined by Wis. Stat. § 941.23. Id. at 72-73. However, the court was careful to point out that "our conclusion in this case in no way limits the lawful placement, possession, or transportation of unloaded. . .and encased firearms, bows, or crossbows in vehicles as permitted by Wis. Stat. § 167.31(2)(b)." Id. at 69. Therefore, the court did not consider a lawfully encased weapon to be a concealed weapon.
Furthermore, my email stated that in the Department's view, "a gun case that is clearly a gun case and which in effect 'advertises' the contents of what is inside does not result in a violation of the concealed carry law."
Therefore, as both my April 18, 2006 email and attached memorandum indicated, if you unload and encase your weapon and then transport it in a vehicle in accordance with Wis. Stat. § 167.31(2)(b), with the cased gun clearly visible, the Department does not view you as violating Wis. Stat. § 941.23. However, the email and memorandum recommended that if you were still concerned about compliance with both statutes, you could make absolutely certain you do not violate either law by ensuring your encased weapon is out of reach while transporting it in a vehicle. This advice was offered with the notion that you would be using a car or truck to transport the encased weapon, and was not meant to impose an impossibility. Of course other types of vehicles make it difficult, or even impossible, to ensure an encased weapon is out of reach. Consequently, if you are transporting an encased weapon in a vehicle such as a motorcycle, snowmobile, or trail bike, as long as the weapon case makes it evident a weapon is contained inside and the case is clearly visible, the DNR does not view transportation of the encased weapon to be a violation of the concealed carry law.
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Draw your own conclusions. Bare in mind it is not an opinion of the courts or local law enforcement.
It would be better to place it in a motorcycle "trunk" or strap the case to the seat.