OCglock1988
Regular Member
imported post
is it legal or not
is it legal or not
Vehicle, §167.31
Free legal advise is worth years of your life.Unload and encase before you enter the bus and you are legal.
It says nothing about "unload and encase", that's from 167.31 prohibiting transportation of a loaded, uncased weapon. See The Fork in Wisconsin Gun Laws.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 state−certified commission warden. History: 1977 c. 173; 1979 c. 115, 221; 2007 a. 27.
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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. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
So Doug, are you saying legal transportation of a weapon in my own car differs from transporting on a city bus?
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. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
Where is the exception for city buses in Safe Use and Transportation of Firearms and Bows, Chapter 167, Section 31,While you are riding down the street, hold it so that it is viewable throughthe window of the bus. It is not hidden... No violation of 941.23.
Interceptor_Knight wrote:Where is the exception for city buses in Safe Use and Transportation of Firearms and Bows, Chapter 167, Section 31,While you are riding down the street, hold it so that it is viewable throughthe window of the bus. It is not hidden... No violation of 941.23.
Oh, and lest you try to impress the newbies, don't forget case law like Alloy's out of reach requirement.
:lol: in yer face dougy.Master Doug Huffman wrote:Interceptor_Knight wrote:Where is the exception for city buses in Safe Use and Transportation of Firearms and Bows, Chapter 167, Section 31,While you are riding down the street, hold it so that it is viewable throughthe window of the bus. It is not hidden... No violation of 941.23.
Oh, and lest you try to impress the newbies, don't forget case law like Alloy's out of reach requirement.
I was referring to an unloaded and encased firearm. It does not have to be out of reach if it is not hidden. There is no case law directly addressing an unloaded and encased firearm as being "hidden". We all know that administrative enforcement policy and common practice does not treat it as such otherwise a LEO would sit outside of Dick's or Gander and fill a citation pad with names..... Ifsomeone in the immediate vicinity and outside of the vehicle can discern that you have an encased firearm in your possession, it is not hidden and therefore not concealed. Transparent case or not, if a handgun case is on your dash, it is not hidden and the handgun is not hidden as you are required to encase it in order to comply with safe transportation and gfsz statutes. If you take that encased firearm and lay it on the seat or on the floor, it is arguably hidden as someone walking by can no longer see it.
Yep, Mr. Wizard, that's me. The sooner you and your puppeteer learn it, love it and leave it alone the happier y'all will be.here goes Dougy trying to be Mr. Know it all ------ > again....:lol:
Glock34 wrote:Yep, Mr. Wizard, that's me. The sooner you and your puppeteer learn it, love it and leave it alone the happier y'all will be.here goes Dougy trying to be Mr. Know it all ------ > again....:lol:
I'm sure that you are being as eloquent as you can be, but it has no effect on me because none of your images get through. It's like an ignore feature on other forums, and that this forum doesn't have, I've set my browser to ignore all images not necessary for functioning of the forum script. For additional instances, smilies are just collections of characters and avatars are filtered.Master Doug Huffman wrote:Glock34 wrote:Yep, Mr. Wizard, that's me. The sooner you and your puppeteer learn it, love it and leave it alone the happier y'all will be.here goes Dougy trying to be Mr. Know it all ------ > again....:lol: