Handgun Transportation in a Pick-Up

hunter9mm · Mar 20, 2010

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There has been quite a bit of discussion on the proper transportation of weapons on this board.

As we all know, to OC, we need to "Get To" the place we intend to OC.

Taking into consideration that Wisconsin State Statutes 167 & 941 do a great job of contradicting each other in several places, just how does one legally transport the “Dangerous Weapon”?

Besides for the obvious, unloaded and fully encased, they state out of reach, in plain sight, (not concealed or hidden, etc.) knowing it’s even there…….

Let’s say, for the sake of discussion there is no cap on the cargo bed, making that area unsuitable for use in this case and this is a 4 door extended pick-up.

Where does one place the handgun, and/or the loaded mags to meet the statutes as written?

Master Doug Huffman · Mar 20, 2010

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The law is an ass that lawyers ride to work.

It is your presumption that this or that detail makes some area or location "unsuitable for use" and that the law must permit some particular practice.

hunter9mm · Mar 20, 2010

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I do not presume anything when it comes to the antiquated, convoluted laws of this state. Just saying that if you do read the laws, "AS WRITTEN" it appears there is "No Way" to satisfy them in this instance, without breaking at least several of the written conditions described in these 2 statutes.

And yes, I did see your video of you transporting and removing your handgun from your hatchback.

Master Doug Huffman · Mar 20, 2010

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hunter9mm wrote:

I do not presume anything when it comes to the antiquated, convoluted laws of this state. Just saying that if you do read the laws, "AS WRITTEN" it appears there is "No Way" to satisfy them in this instance, without breaking at least several of the written conditions described in these 2 statutes.

And yes, I did see your video of you transporting and removing your handgun from your hatchback.

Good. We apparently agree that a legal transition between vehicular transportation and open carry cannot be made.

Nutczak · Mar 20, 2010

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I have mine unloaded, ina fully closedcase, sitting on the front passenger seat, or in the back seat of my truck if I have a passenger.
I keep 2 loaded magazines in the case with the pistol.

Some cop may cite you for this practice someplace, but I am not worried about it where I live.

There is talk about "Out Of Reach" but where exactly is a place that is outof reach in a pick-up truck or a 2-seat car with no trunk?

I strictly abide by the "Unloaded and fully enclosed in a proper case", nothing more.

Flipper · Mar 20, 2010

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hunter9mm wrote:

There has been quite a bit of discussion on the proper transportation of weapons on this board.

As we all know, to OC, we need to "Get To" the place we intend to OC.

Taking into consideration that Wisconsin State Statutes 167 & 941 do a great job of contradicting each other in several places, just how does one legally transport the “Dangerous Weapon”?

Besides for the obvious, unloaded and fully encased, they state out of reach, in plain sight, (not concealed or hidden, etc.) knowing it’s even there…….

Let’s say, for the sake of discussion there is no cap on the cargo bed, making that area unsuitable for use in this case and this is a 4 door extended pick-up.

Where does one place the handgun, and/or the loaded mags to meet the statutes as written?

Welcome to the wonderful world of Wisconsin firearm law as developed by the DNR,one time headed up by current Joyce Foundation board member Tony Earl, andalso by the would be puppet master of the "new" DNR, George Meyer.

Interceptor_Knight · Mar 20, 2010

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hunter9mm wrote:

There has been quite a bit of discussion on the proper transportation of weapons on this board.

As we all know, to OC, we need to "Get To" the place we intend to OC.

Taking into consideration that Wisconsin State Statutes 167 & 941 do a great job of contradicting each other in several places, just how does one legally transport the “Dangerous Weapon”?

Besides for the obvious, unloaded and fully encased, they state out of reach, in plain sight, (not concealed or hidden, etc.) knowing it’s even there…….

Let’s say, for the sake of discussion there is no cap on the cargo bed, making that area unsuitable for use in this case and this is a 4 door extended pick-up.

Where does one place the handgun, and/or the loaded mags to meet the statutes as written?

If behind your rear seat is a cargo area. Place it there. Encased in a long gun case would ensure that it would not slip under the seat(s).

akito · Mar 20, 2010

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I have a extended cab ( 4 door) truck . unloaded with loaded mags in a case on back seat or if passengers are in the back seat then i keep it under the rear drivers side seat . in my tahoe ( police interceptor lol ) i keep it in the back of the truck right next to the rear barn doors .

lance galloway · Mar 20, 2010

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I keepit unloaded and cased behind the driver seat.

qball54208 · Mar 20, 2010

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Speaking from experience, "Out of Reach" would be OUT OF REACH. More specifically, Reach Lunge or Gradable area. Not to include the front seat, (Pick-Up, Car or other vehicle) based on that, it would be considered a "Concealed Weapon" regardless of it being cased or not. It is still considered "Concealed" even though it is on the front seat, even though it is "In Plain View" kind of twisted I know!
Others have been charged with Concealed Weapon, IT WILL HAPPEN, AGAIN.
Hope this shed a little light on your question.

hunter9mm · Mar 20, 2010

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My point exactly...

Having a cased, unloaded weapon is in violation of Wi State Statute 941 where it speaks to concealed weapons.

My question would then have to be does 167, which speaks to the transportation of a weapon within a vehicle, then SUPERSEDE 941???

My thought is I'd rather comply with 167 than 941 as although the weapon is (by the letter of 941, is concealed whenit is unloaded and cased per 167) so the more appropriate law is within 167, & I'll go that way.

qball54208 · Mar 20, 2010

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Agreed, cased & out of reach is best. Either way, it is our responsibility to be Lawful, Responsible and Reasonable people. Remember these Laws were written by Lawyers not for the Layman to interpit

Cobbersmom · Mar 20, 2010

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Unloaded and encased on the seat right next to me, whether it be in the truck or car. In the backpack when I'm on the motorcycle.

smithman · Mar 21, 2010

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Seems like people are all bent out of shape trying to place these unloaded/encased guns out of reach in vehicle. I say hogwash. How much violation of your rights will you tolerate while driving? There are several ways to transport that will keep the gun closer at hand, still comply with the law, but be where it can actually be useful in a life threatening situation. These methods do not allow the gun to be out of reach, but they will protect you against police searches and comply with unloaded/encased.

Master Doug Huffman · Mar 21, 2010

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smithman wrote:

How much violation of your rights will you tolerate while driving?

Hmm, a conflation of rights and privileges?

Driving is a privilege that requires - for now in Wisconsin - that your privilege of self-defense be restricted.

939.48 Self−defense and defense of others. (1) A person
is privileged to threaten or intentionally use force against
another for the purpose of preventing or terminating what the person
reasonably believes to be an unlawful interference with his or
her person by such other person.

Handgun Transportation in a Pick-Up

hunter9mm

Regular Member

Master Doug Huffman

Banned

hunter9mm

Regular Member

Master Doug Huffman

Banned

Nutczak

Regular Member

Flipper

Campaign Veteran

Interceptor_Knight

Regular Member

akito

Regular Member

lance galloway

Regular Member

qball54208

Regular Member

hunter9mm

Regular Member

qball54208

Regular Member

Cobbersmom

Regular Member

smithman

Regular Member

Master Doug Huffman

Banned