• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Park Carry

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
imported post

Master Doug Huffman wrote:
29.089 Hunting on land in state parks and state fish hatcheries. (1) Except as provided in sub. (3), no person may hunt or trap on land located in state parks or state fish hatcheries. (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. (3) A person may hunt deer, elk, wild turkeys, or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and, except as provided in s. 29.063 (5), if the person holds the approvals required under this chapter for hunting that type of game. History: 1989 a. 214; 1997 a. 237; 1997 a. 248 s. 599; Stats. 1997 s. 29.089; 2001 a. 109; 2005 a. 286. Cross Reference: See also ss. NR 10.001 and 10.28, Wis. adm. code.

Fanny packs, can anyone comment aboutthe about their use in Illinois, particularily arrestsand resolution relating to their use.

From http://www.concealcarry.org/owners-say-law-lets-them-tote-guns-in-fanny-packs/

"Legal experts, police and prosecutors are debating the novel gun-law interpretation, which has gained adherents—and critics—across the state in a matter of months.

The fanny pack advocates have latched on to a long-standing clause in state law that permits a registered owner to carry a gun that is unloaded and “enclosed in a case … or other container.” The idea that specially designed fanny packs meet that standard has not been tested in court, and the question is apparently unique to Illinois, one of only seven states that bar most people from carrying concealed firearms."
 

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
imported post

From "Going to Wausau" discussion.


phred wrote:

The word "holster" does not come up in a search of statute but:

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.
Encased = Firearm "fanny pack aka gun pack?"
 

springfield 1911

Founder's Club Member
Joined
Jun 19, 2008
Messages
484
Location
Racine, Wisconsin, USA
imported post

From the D.N.R. small game regulations book,


[align=left]It don't give a statute #[/align]

[align=left]It is illegal to:[/align]


[align=left]• transport a handgun in a vehicle unless it is unloaded and completely enclosed[/align]


[align=left]within a carrying case.
Note: A holster is not a legal carrying case unless it completely[/align]

[align=left]encloses the handgun, so that no part of the handgun is visible.[/align]
 

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
imported post

According to this, the DNR has defined a "case"as something made expressly for a firearm, isremovable from a vehicle and is recognizable as a gun case. They state that having a firearm unloaded and completely enclosed in such a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposedwouldnot be consideredconcealed.

Seems like a potential market exists for a Wisconsin gunpack with the words "Firearm Case" clearly stated on it.

http://www.du-ha.com/legal.htm
 

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
imported post

springfield 1911 wrote:
From the D.N.R. small game regulations book,



[align=left]It don't give a statute #[/align]


[align=left]It is illegal to:[/align]



[align=left]• transport a handgun in a vehicle unless it is unloaded and completely enclosed[/align]



[align=left]within a carrying case.
Note: A holster is not a legal carrying case unless it completely[/align]


[align=left]encloses the handgun, so that no part of the handgun is visible.[/align]
The holster thing is interesting.
 

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
imported post

From the Going to Wausau discussion

Quote: "hunter9mm wrote:
I found what I was thinking about in my earlier post, although I remembered it incorrectly...

this is an insert from the link below.

Note: A holster is not a legal carrying case unless it completely

encloses the handgun, so that no part of the handgun is visible.
(See full regulation here)

http://dnr.wi.gov/org/land/wildlife/regs/SGHunt09.pdf



So with that said, (I-ANAL) I would read this as you could consider "THE PROPER HOLSTER" a case for proper cased transport of a handgun.


The quote you have is not quite correct. You also do not have a link to the actual "regulation". The full "regulation" is found in WI Statute 167.31. The DNR dumbs down DNR AdministrativeCode (Found in NR 10) and WI State Statutes and places it in the little paper regulation pamphlets. .

The key word should be "exposed" and not "visible". The distinction would be for a transparent case. Fully enclosed yet visible. The notes are the way of making things easier for the ignorant masses to understand. Just as there is a note stating that a home made case is legal so long as it conforms to the definition found for "encased"." End quote
_____________________________________________________________________

An argumentcould be made that what is written in the regulation pamplet is DNR's written plain language guidance intepretation of its rules. The more yearsthis language has existed, the more weight it would have in a legal proceeding. This is particularly true it the case of a regulatory agency providing guidance to a public that relies on that guidance.
 
Top