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Thread: Just A Question?

  1. #1
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    I was wondering what the legality of open carrying while riding a bicycle was?

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    Founder's Club Member bnhcomputing's Avatar
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    Lammie wrote:
    When you carry a visible firearm on a bicycle be aware of the state statute definition of vehicle.

    340.01(74); Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains.

    You may quite possibly run afoul of statute 167.31(2)(b) which requires a firearm transported in or on a vehicle to be unloaded and encased so that no part of the firearm is visible. There is no mention that the statute applies only to motor vehicles.

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    bnhcomputing wrote:
    Lammie wrote:
    When you carry a visible firearm on a bicycle be aware of the state statute definition of vehicle.

    340.01(74); Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains.

    You may quite possibly run afoul of statute 167.31(2)(b) which requires a firearm transported in or on a vehicle to be unloaded and encased so that no part of the firearm is visible. There is no mention that the statute applies only to motor vehicles.
    But that does say upon a highway, and bicycle cannot be ridden on highways.

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    Founder's Club Member bnhcomputing's Avatar
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    tpos wrote:
    bnhcomputing wrote:
    Lammie wrote:
    When you carry a visible firearm on a bicycle be aware of the state statute definition of vehicle.

    340.01(74); Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains.

    You may quite possibly run afoul of statute 167.31(2)(b) which requires a firearm transported in or on a vehicle to be unloaded and encased so that no part of the firearm is visible. There is no mention that the statute applies only to motor vehicles.
    But that does say upon a highway, and bicycle cannot be ridden on highways.
    They ride hundreds of bikes past my house (on a county highway) all summer long. In fact, most rural municipalities don't have bike paths/sidewalks and therefore the only place to ride the bicycle in on the highway or in the ditch.


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    They ride hundreds of bikes past my house (on a county highway) all summer long. In fact, most rural municipalities don't have bike paths/sidewalks and therefore the only place to ride the bicycle in on the highway or in the ditch.
    There seems to be an assumption here that a highway is only a county or state designated highway. I believe any public roadway, whether state, county, town is considered a highway.
    A few years ago there was a move to allow atv's on state land on logging roads and develop new trails in Vilas County. Since I had an atv I was all interested. It didn't pass. I checked into transportation laws and read that every road that is open to the public, i.e., state, county, town AND any roads that were not bermed, gated or posted on state land were considered public highways. Because of that I got a dual sport motorcycle and can ride it anywhere it's legal to drive my car or truck. I carried a copy of the statute with me in case the DNR was out and about unaware of the law in that instance. There is stuff on highways in statutes 80 something and elsewhere, right now I don't remember much anymore. There's a lot more to it than what I just wrote. I just want to make the point of highway doesn't necessarily mean state or county road. Sorry, I'd look it up but I'm tired tonight. If I can find the statute(s) again, I'll post.
    By the way, I have a blast riding the trails on the bike!

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    Regular Member Optimus Prime's Avatar
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    I had the same question when I started carrying, then I thought about how people in cars treat cyclists (I regularly bike commute) and the thought of sliding 50 feet along the pavement on one of my guns was not a happy thought.

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    Regular Member Interceptor_Knight's Avatar
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    tpos wrote:
    I was wondering what the legality of open carrying while riding a bicycle was?
    It is illegal to stand on a wagon if its wheels are in place or even rest your firearm on it unless your firearm is unloaded and encased. Don't confuse what can be legally driven down the interstate with what can be physically riden, driven or pulled down the highway.

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    My bicycle riding experiences very much led me to arm myself and to learn the law about bicycling and gun carry. Bicycling is a pure expression of the First Amendment Right to peaceably assemble.

    A bicycle is a vehicle, and a bicyclist has every right to the highway.

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    Campaign Veteran rcawdor57's Avatar
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    I use to think it was legal to carry while riding a bicycle and maybe it is but after going through the myriad of confusing statutes it seems that whoever wrote these laws did so to specifically PREVENT law abiding persons from exercising their right to keep and bear arms.


    167.31Safe use and transportation of firearms and bows.

    167.31(1)(b) (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.

    167.31(1)(c) (c) "Firearm" means a weapon that acts by force of gunpowder.

    167.31(1)(d) (d) "Highway" has the meaning given under s.340.01 (22)

    (22) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s.115.01 (1) and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46)

    (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.

    (h) "Vehicle" has the meaning given in s.340.01 (74), and includes a snowmobile, as defined in s.340.01 (58a), and an electric personal assistive mobility device, as defined in s.340.01 (15pm), except that for purposes of subs. (4) (c) and (cq) and (4m) "vehicle" has the meaning given for "motor vehicle" in s.29.001 (57).

    S.340.01 (74) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile or electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

    Heck, if a LEO wanted to really push the law on us he/she can claim that our bodies (our shoes specifically) are "vehicles" and that no one can thus legally open carry.

    These laws need to be repealed!
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    rcawdor57 wrote:
    These laws need to be repealed!
    We agree 100%, but the legislature has had twelve (12) years to correct this myriad of convoluted laws and has done nothing! Will they in the future, we cannot know. That is why On January 8, 2010 Wisconsin Carry, Inc. filed the federal lawsuit against the State of Wisconsin to overturn the Gun Free School Zone Act.

    We are continually urging the legislature to correct the erroneous gun laws in Wisconsin, but have taken, and will continue to take, legal action to remove these capricious laws. To that end, if you haven't already done so, we encourage you to join Wisconsin Carry, Inc. Every dollar goes towards financingcurrent and future legal action to remove these unconstitutional infringements.


    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    http://www.wisconsincarry.org



    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  11. #11
    Campaign Veteran rcawdor57's Avatar
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    :celebrate My wife and I joined January of this year and I believe I met you in Sussex on Sunday at the event. What I found out though that I didn't know was that I could have been a founding member. I did not know that until I gave you or Hubert a pen for the gentleman standing next to me to fill out the form to join. With that said can I convert my membership to be a founding member? I don't see any information about it on your website. Thanks for founding Wisconsin Carry! I joined "the other Wisconsin gun rights group" last year but haven't seen much of them at all.
    Wisconsin Carry is an ACTIVE rights group which all of us should join and support.

    Thanks!
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Wisconsin Carry, Inc. Wisconsin Carry, Inc.'s Avatar
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    Any and all members of Wisconsin Carry, Inc. can make additional donations at any time either by mailing in a check or by contributing additional funds via paypal to webmaster@wisconsincarry.org

    Any individual donating in $100 or more the first year will be assigned a permenant founders list member number. I am working on updating the site to clarify that information.

    Again, thank you for your support.

    Carry On,

    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    http://www.wisconsincarry.org
    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  13. #13
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    [/quote]Any individual donating in $100 or more will be assigned a permenant founders list member number. I am working on updating the site to clarify that information.[/quote]

    Just to clarify. $100 or more in the first year
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  14. #14
    Campaign Veteran rcawdor57's Avatar
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    Thanks guys! I will certainly be donating much more than $100 a year to our group.

    Phil
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Hey thanks for clarifying that everyone. I personally don't even own a bicycle anymore but it was just something I didn't think through all the way.

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