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Thread: Gun transport in trucks

  1. #1
    Regular Member jamesisel's Avatar
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    How do you guys transport your guns in your pickup trucks?

    Do you put them in a gun case in the cab?
    or do you put them in the bed? can your bed be locked?

    Does anyone know of a charge/conviction for CCW because of a gun being transported unloaded, in a gun case but in the passenger compartment?





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    Personally i always transported mine unloaded, encased and in the farthest out of reach place inside the cab.

    I would not recommend transporting it in the bed of the truck at all. I also would not recommend placing it behind the seat as LEO could claim you are concealing it.

    Tuck that baby in the seat belt.

  3. #3
    Regular Member CUOfficer's Avatar
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    I drive an extended cab and place in on the back seat behind the passenger's seat. I questioned this before also but never got an answer form a LEO. I would think that putting it under the seat would constitute concealing it but that is just my opinion.

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    Regular Member cowboyridn's Avatar
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    CUOfficer wrote:
    I drive an extended cab and place in on the back seat behind the passenger's seat. I questioned this before also but never got an answer form a LEO. I would think that putting it under the seat would constitute concealing it but that is just my opinion.


    A gun stored in a case and unloaded under the seat or behind the seat in a pick up truck is legal and not considered concealed. The gun is in a case and unloaded and out of reach so its legal, if it wasn’t then those hunting with long guns or handguns could not transport the gun anywhere in the truck and could never put them behind their seats.



    Wisconsin Statutes

    Case Law In Wisconsin, a gun in plan sight inside a vehicle is both in violation of the encased requirement, Section § 167.31, and considered unlawfully concealed.


    State v. Walls, 526 N.W.2d 765 (Wis. App. 1994) (A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section). See also State v. Keith, 498 N.W.2d 865 (Ct. App. 1993) (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).

    An encased gun is unlawfully concealed in a vehicle if the case is not "out of reach," arguably wingspan plus lunge distance.


    State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because .Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach..)

    Locking the gun in the glove box is also still unlawful concealment.
    State v. Fry, 388 N.W.2d 565 (Wis. App. 1986) (defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment).







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    jamesisel wrote:
    How do you guys transport your guns in your pickup trucks?

    Do you put them in a gun case in the cab?
    or do you put them in the bed? can your bed be locked?

    Does anyone know of a charge/conviction for CCW because of a gun being transported unloaded, in a gun case but in the passenger compartment?
    Handguns; Unloaded and fully enclosed in a case made for a gun, on the passenger seat right next to me.

    Longguns; Same deal, unloaded and enclosed in a case, butt of the gun on the floor, barrel of the gun resting against the seat, with the seatbelt holding it in place in case I need to make a panic stop so the gun does not slam against the dashboard and damage the sight.

    Nowhere in the Wisconsinstatutes does it say that a firearm must be out of reach when in a vehicle. itonly states unloaded, and fully enclosed in a case made to house a firearm..

    In "Alloy" it does not state if the gun was loaded or unloaded. I suspect it would have needed to be loaded for them to get the comviction they got in that case.

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    cowboyridn wrote:
    CUOfficer wrote:
    I drive an extended cab and place in on the back seat behind the passenger's seat. I questioned this before also but never got an answer form a LEO. I would think that putting it under the seat would constitute concealing it but that is just my opinion.


    A gun stored in a case and unloaded under the seat or behind the seat in a pick up truck is legal and not considered concealed. The gun is in a case and unloaded and out of reach so its legal, if it wasn’t then those hunting with long guns or handguns could not transport the gun anywhere in the truck and could never put them behind their seats.



    Wisconsin Statutes

    Case Law In Wisconsin, a gun in plan sight inside a vehicle is both in violation of the encased requirement, Section § 167.31, and considered unlawfully concealed.


    State v. Walls, 526 N.W.2d 765 (Wis. App. 1994) (A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section). See also State v. Keith, 498 N.W.2d 865 (Ct. App. 1993) (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).

    An encased gun is unlawfully concealed in a vehicle if the case is not "out of reach," arguably wingspan plus lunge distance.


    State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because .Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach..)

    Locking the gun in the glove box is also still unlawful concealment.
    State v. Fry, 388 N.W.2d 565 (Wis. App. 1986) (defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment).





    Please site your source for this.

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    cowboyridin:

    State v. Alloy is an unpublished opinion and has no precedential value in a court of law.

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    Cased and unloaded, thats all you need to worry about.

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    Regular Member goforlow's Avatar
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    Can I throw another twist?

    When going to the range, I put my handguns in a "shooting" bad.

    Each handgun is in an individual case, then the cases are put a bag. The bag to most people looks like a gym bag.

    Then the bag is put in the back seat area of my extended cab truck. Usually on the floor, behind the drivers seat.

    Concealed?? Does each case need to be "loose" in the back seat area?


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    Regular Member goforlow's Avatar
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    Can I throw another twist?

    When going to the range, I put my handguns in a "shooting" bad.

    Each handgun is in an individual case, then the cases are put a bag. The bag to most people looks like a gym bag.

    Then the bag is put in the back seat area of my extended cab truck. Usually on the floor, behind the drivers seat.

    Concealed?? Does each case need to be "loose" in the back seat area?


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    Regular Member goforlow's Avatar
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    double post...sorry

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    Regular Member BROKENSPROKET's Avatar
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    Captain Nemo wrote:
    cowboyridin:

    State v. Alloy is an unpublished opinion and has no precedential value in a court of law.
    Thank You. That is exactly what most people who cite this case DO NOT understand.

  13. #13
    Regular Member cowboyridn's Avatar
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    Captain Nemo wrote:
    cowboyridin:

    State v. Alloy is an unpublished opinion and has no precedential value in a court of law.
    I understand the difference between published and unpublished case law, if I was an attorney writing a legal brief I wouldn't use unpublished cases. However, in a forum it is applicable, because it is real life and if you were to duplicate in real life what occured in State v. Alloy you would have the same outcome as was decided.

    Perhaps you should go out and duplicate what occured in State v. Alloy to prove that it has no precedential valueand when your stopped and arrested, you could then argue to the officer that this arrest is not authorized because State v. Alloy is unpuplished and has no precedential value and see how far that argument gets you, maybe your case will be published.

    So, next time you decide to note thata case citedis unpublished and has no precedential value, you'll think about wheather the case sited is in a legal brief or that it is being used to inform others what not to do.

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    goforlow wrote:
    Can I throw another twist?

    When going to the range, I put my handguns in a "shooting" bad.

    Each handgun is in an individual case, then the cases are put a bag. The bag to most people looks like a gym bag.

    Then the bag is put in the back seat area of my extended cab truck. Usually on the floor, behind the drivers seat.

    Concealed?? Does each case need to be "loose" in the back seat area?
    You are bound by two statutes, neither of which excepts the other. Vehicle transport § 167.31 is in the Chapter titled "Safeguards of Persons and Property" and is the most general (copied below) and is not in the criminal section of the Wisconsin Statutes. § 941.23 is in the "CRIMES AGAINST PUBLIC HEALTH AND SAFETY", obviously a criminal statute and perhaps uniquely, contains a clear specification of the elements of the crime. It too is copied below. A general element of a crime is the criminal mind's mens rea that is illustrated again and again in the posturing so popular here.

    167.31 Safe use and transportation of firearms and
    bows. (1) DEFINITIONS. In this section:
    (a) “Aircraft” has the meaning given under s. 114.002 (3).
    (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.
    (bg) “Family member of the landowner” means a person who
    is related to the landowner as a parent, child, spouse, or sibling.
    (bn) “Farm tractor” has the meaning given in s. 340.01 (16).
    (c) “Firearm” means a weapon that acts by force of gunpowder.
    (d) “Highway” has the meaning given under s. 340.01 (22).
    (dm) “Implement of husbandry” has the meaning given in s.
    340.01 (24).
    (e) “Motorboat” has the meaning given under s. 30.50 (6).
    (em) “Peace officer” has the meaning given in s. 939.22 (22).
    (et) “Private security person” has the meaning given in s.
    440.26 (1m) (h).
    (f) “Roadway” has the meaning given under s. 340.01 (54).
    (fm) “Street” means a highway that is within the corporate limits
    of a city or village.
    (fr) “Transmission facility” means any pipe, pipeline, duct,
    wire, cable, line, conduit, pole, tower, equipment, or other structure
    used to transmit or distribute electricity to or for the public or
    to transmit or distribute communications or data to or from the
    public.
    (g) “Unloaded” means any of the following:
    1. Having no shell or cartridge in the chamber of a firearm or
    in the magazine attached to a firearm.
    2. In the case of a cap lock muzzle−loading firearm, having
    the cap removed.
    3. In the case of a flint lock muzzle−loading firearm, having
    the flashpan cleaned of powder.
    (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 (cg) and (4m)
    “vehicle” has the meaning given for “motor vehicle” in s. 29.001
    (57).
    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
    ROADWAYS. (a) Except as provided in sub. (4), no person may
    place, possess or transport a firearm, bow or crossbow in or on a
    motorboat with the motor running, unless the firearm is unloaded
    or unless the bow or crossbow is unstrung or is enclosed in a carrying
    case.
    (b) Except as provided in sub. (4), no person may place, possess
    or transport a firearm, bow or crossbow in or on a vehicle,
    unless the firearm is unloaded and encased or unless the bow or
    crossbow is unstrung or is enclosed in a carrying case.
    (c) Except as provided in sub. (4), no person may load or discharge
    a firearm or shoot a bolt or an arrow from a bow or crossbow
    in or from a vehicle.
    (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g),
    no person may discharge a firearm or shoot a bolt or an arrow from
    a bow or crossbow from or across a highway or within 50 feet of
    the center of a roadway.
    (e) A person who violates pars. (a) to (d) is subject to a forfeiture
    of not more than $100.
    (3) PROHIBITIONS; AIRCRAFT. (a) Except as provided in sub.
    (4), no person may place, possess or transport a firearm, bow or
    crossbow in or on an aircraft, unless the firearm is unloaded and
    encased or unless the bow or crossbow is unstrung or is enclosed
    in a carrying case.
    (b) Except as provided in sub. (4), no person may load or discharge
    a firearm or shoot a bolt or an arrow from a bow or crossbow
    in or from an aircraft.
    (c) A person who violates par. (a) or (b) shall be fined not more
    than $1,000 or imprisoned not more than 90 days or both.
    (3m) PROHIBITIONS; TRANSMISSION FACILITIES. (a) Except as
    provided in sub. (4) (b) and (h), no person may intentionally discharge
    a firearm in the direction of a transmission facility.
    (b) A person who violates par. (a) and causes damage to a transmission
    facility is subject to a forfeiture of not more than $100.
    (c) In addition to any forfeiture imposed under par. (b), the
    court shall revoke any hunting license under ch. 29 that is issued
    to the person found in violation for a period of one year.
    (d) In addition to any forfeiture imposed under par. (b) and the
    revocation required under par. (c), the court shall enter a restitution
    order that requires the defendant to pay to the owner of the
    transmission facility the reasonable cost of the repair or replacement
    of the transmission facility.
    (4) EXCEPTIONS. (a) Subsections (2) and (3) do not apply to
    any of the following who, in the line of duty, place, possess, transport,
    load or discharge a firearm in, on or from a vehicle, motorboat
    or aircraft or discharge a firearm from or across a highway or
    within 50 feet of the center of a roadway:
    2. A member of the U.S. armed forces.
    3. A member of the national guard.
    4. A private security person who meets all of the following
    requirements:
    a. He or she holds either a private detective license issued
    under s. 440.26 (2) (a) 2. or a private security permit issued under
    s. 440.26 (5).
    b. He or she holds a certificate of proficiency to carry a firearm
    issued by the department of regulation and licensing.
    c. He or she is performing his or her assigned duties or responsibilities.
    d. He or she is wearing a uniform that clearly identifies him
    or her as a private security person.
    e. His or her firearm is in plain view, as defined by rule by the
    department of regulation and licensing.
    (am) 1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do
    not apply to a peace officer who, in the line of duty, loads or discharges
    a firearm in, on or from a vehicle, motorboat or aircraft or
    discharges a firearm from or across a highway or within 50 feet of
    the center of a roadway.
    2. Subsection (2) (b) does not apply to a peace officer who
    places, possesses or transports a firearm in or on a vehicle, motorboat
    or aircraft while in the line of duty.
    3. Subsection (2) (b) does not apply to a person employed as
    a peace officer who places, possesses or transports a firearm in or
    on a vehicle while traveling in the vehicle from his or her residence
    to his or her place of employment as a peace officer.
    (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do
    not apply to the holder of a scientific research license under s.
    169.25 or a scientific collector permit under s. 29.614 who is using
    a net gun or tranquilizer gun in an activity related to the purpose
    for which the license or permit was issued.
    (bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to
    a state employee or agent, or to a federal employee or agent, who
    is acting within the scope of his or her employment or agency, who
    is authorized by the department of natural resources to take animals
    in the wild for the purpose of controlling the spread of disease
    in animals and who is hunting in an area designated by the
    department of natural resources as a chronic wasting disease eradication
    zone, except that this subdivision does not authorize the
    discharge of a firearm or the shooting of a bolt or arrow from a bow
    or crossbow across a state trunk highway, county trunk highway,
    or paved town highway.
    1g. Subsection (2) (b) and (c) does not apply to a landowner,
    a family member of the landowner, or an employee of the landowner
    who is using a firearm, bow, or crossbow to shoot wild animals
    from a farm tractor or an implement of husbandry on the
    landowner’s land that is located in an area designated by the
    department of natural resources as a chronic wasting disease eradication
    zone.
    2. This paragraph does not apply after June 30, 2010.
    (bn) Subsection (2) (a) does not apply to a person using a bow
    or a crossbow for fishing from a motorboat.
    (bt) Subsection (2) (b) does not apply to the placement, possession,
    or transportation of an unloaded firearm in or on a vehicle
    if all of the following apply:
    1. The vehicle is a self−propelled motor vehicle with 4 rubber−
    tired wheels.
    2. The vehicle is not certified by the manufacturer for on−road
    use.
    3. The vehicle is not an all−terrain vehicle, as defined in s.
    340.01 (2g).
    4. The vehicle is being used to transport individuals involved
    in sport shooting activities at sport shooting ranges, as defined in
    s. 895.527 (1), and is not being used to transport individuals
    involved in hunting.
    5. The vehicle is being operated entirely on private property
    and is not being operated in the right−of−way of any highway.
    (c) Subsection (2) (b) and (c) does not apply to the holder of
    a Class A or Class B permit under s. 29.193 (2) who is hunting
    from a stationary vehicle.
    (cg) A holder of a Class A or Class B permit under s. 29.193
    (2) who is hunting from a stationary vehicle may load and discharge
    a firearm or shoot a bolt or an arrow within 50 feet of the
    center of a roadway if all of the following apply:
    1. The roadway is part of a county highway, a town highway
    or any other highway that is not part of a street or of a state trunk
    or federal highway.
    2. The vehicle is located off the roadway and is not in violation
    of any prohibition or restriction that applies to the parking,
    stopping or standing of the vehicle under ss. 346.51 to 346.55 or
    under a regulation enacted under s. 349.06 or 349.13.
    3. The holder of the permit is not hunting game to fill the tag
    of another person.
    4. The holder of the permit has obtained permission from any
    person who is the owner or lessee of private property across or on
    to which the holder of the permit intends to discharge a firearm or
    shoot a bolt or an arrow.
    5. The vehicle bears special registration plates issued under
    s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at
    least 11 inches square on which is conspicuously written “disabled
    hunter”.
    6. The holder of the permit discharges the firearm or shoots
    the bolt or arrow away from and not across or parallel to the roadway.
    (cm) For purposes of pars. (c) and (cg), the exemption from
    sub. (2) (b) under these paragraphs only applies to the firearm,
    bow or crossbow being used for hunting by the holder of the
    Class A or Class B permit under s. 29.193 (2).
    (co) For purposes of par. (cg), a person may stop a vehicle off
    the roadway on the left side of the highway.
    (cr) For purposes of par. (cg) 4., “private property” does not
    include property leased for hunting by the public, land that is subject
    to a contract under subch. I of ch. 77, or land that is subject
    to an order designating it as managed forest land under subch. VI
    of ch. 77 and that is not designated as closed to the public under
    s. 77.83 (1).
    (d) Subsection (2) (b) does not prohibit a person from leaning
    an unloaded firearm against a vehicle.
    (e) Subsection (2) (d) does not apply to a person who is legally
    hunting small game with a muzzle−loading firearm or with a shotgun
    loaded with shotshell or chilled shot number BB or smaller,
    if the surface of the highway or roadway is anything other than
    concrete or blacktop.
    (f) Subsection (2) (d) does not prohibit a person from possessing
    a loaded firearm within 50 feet of the center of a roadway if
    the person does not violate sub. (2) (b) or (c).
    (g) A person who is fishing with a bow and arrow may shoot
    an arrow from a bow within 50 feet of the center of a roadway if
    the person does not shoot the arrow from the roadway or across
    a highway.
    (h) Subsection (3m) does not apply to any of the following who
    discharge a firearm in the direction of a transmission facility:
    1. A member of the armed forces in the line of duty.
    2. A member of the national guard in the line of duty.
    3. A peace officer in the line of duty.
    4. A private security person who meets all of the requirements
    under par. (a) 4.
    (4m) RULES. The department of natural resources may further
    restrict hunting from stationary vehicles on county or town highways
    by promulgating rules designating certain county and town
    highways, or portions thereof, upon which a holder of a Class A
    or Class B permit issued under s. 29.193 (2) may not discharge a
    firearm or shoot a bolt or an arrow from a bow or crossbow under
    sub. (4) (cg). For each restriction of hunting from a county or town
    highway contained in a rule to be promulgated under this subsection,
    the department shall submit a specific justification for the
    restriction with the rule submitted to legislative council staff for
    review under s. 227.15 (1).
    (5) WEAPONS SURCHARGE. (a) If a court imposes a fine or forfeiture
    for a violation of this section, the court shall also impose
    a weapons surcharge under ch. 814 equal to 75% of the amount of
    the fine or forfeiture.
    (b) If a fine or forfeiture is suspended in whole or in part, the
    weapons surcharge shall be reduced in proportion to the suspension.
    (c) If any deposit is made for an offense to which this subsection
    applies, the person making the deposit shall also deposit a sufficient
    amount to include the weapons surcharge under this subsection.
    If the deposit is forfeited, the amount of the weapons
    surcharge shall be transmitted to the secretary of administration
    under par. (d). If the deposit is returned, the amount of the weapons
    surcharge shall also be returned.
    (d) The clerk of the circuit court shall collect and transmit to
    the county treasurer the weapons surcharge as required under s.
    59.40 (2) (m). The county treasurer shall then pay the secretary
    of administration as provided in s. 59.25 (3) (f) 2. The secretary
    of administration shall deposit all amounts received under this
    paragraph in the conservation fund to be appropriated under s.
    20.370 (3) (mu).
    History: 1985 a. 36; 1987 a. 27, 353; 1991 a. 77; 1993 a. 147; 1995 a. 122, 201;
    1997 a. 248, 249; 1999 a. 32, 158; 2001 a. 8, 56, 90, 108; 2003 a. 33, 139, 326; 2005
    a. 169, 253, 286, 345; 2007 a. 97.
    Cross Reference: See also ss. NR 10.001, 10.05, and 10.07, Wis. adm. code.

    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.
    The burden is on the defendant to prove that he or she is a peace officer and within
    the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
    A defendant was properly convicted under this section for driving a vehicle with
    a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565
    (1986).
    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).

    A handgun on the seat of a car that was indiscernible from ordinary observation
    by a person outside, and within the immediate vicinity, of the vehicle was hidden from
    view for purposes of determining whether the gun was a concealed weapon under this
    section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).
    There is no statutory or common law privilege for the crime of carrying a concealed
    weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999),
    97−1423.
    Under the facts of the case, the privilege of of self−defense was inapplicable to a
    charge of carrying a concealed weapon. State v. Nollie, 2002 WI 4, 249 Wis. 2d 538,
    638 N.W.2d 280, 00−0744.
    The concealed weapons statute is a restriction on the manner in which firearms are
    possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit
    in the exercise of the police power is substantially outweighed by an individual’s need
    to conceal a weapon in the exercise of the right to bear arms will an otherwise valid
    restriction on that right be unconstitutional, as applied. The right to keep and bear
    arms for security, as a general matter, must permit a person to possess, carry, and
    sometimes conceal arms to maintain the security of a private residence or privately
    operated business, and to safely move and store weapons within those premises. State
    v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056. See also State
    v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01−0350.
    A challenge on constitutional grounds of a prosecution for carrying a concealed
    weapon requires affirmative answers to the following before the defendant may raise
    the constitutional defense: 1) under the circumstances, did the defendant’s interest in
    concealing the weapon to facilitate exercise of his or her right to keep and bear arms
    substantially outweigh the state’s interest in enforcing the concealed weapons statute?
    and 2) did the defendant conceal his or her weapon because concealment was the
    only reasonable means under the circumstances to exercise his or her right to bear
    arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056.
    This section is constitutional as applied in this case. The defendant’s interest in
    exercising his right to keep and bear arms for purposes of security by carrying a concealed
    weapon in his vehicle does not substantially outweigh the state’s interest in
    prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher,
    2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04−2989.
    Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen.
    66

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