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proper car removal of firearm

apjonas

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Jun 11, 2006
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Munir, We Hardly Know Ye

1. Since this is a question of state law, I am not sure that the FRCP pertain.
2. Since this is a question of criminal law, I am not sure that any rules of civil procedure pertain.
3. The Wisconsin Supreme Court in Hamdan, presumably having read the Wisconsin Constitution, established a multi-pronged test to determine if the behavior in question could be defended by constitutional challenge. The questions required affirmative (yes) answers to the questions.
4. It is an affirmative defense in that it must be raised by the defendant.
 

Doug Huffman

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1. Since this is a question of state law, I am not sure that the FRCP pertain.
I think you don't know whereof you lecture. Wisconsin Statutes Chapters 801 - 807 are Wisconsin's rules for civil procedure, available here http://www.legis.state.wi.us/rsb/Statutes.html
2. Since this is a question of criminal law, I am not sure that any rules of civil procedure pertain.
Chapter 167 is not a 'criminal' statute chapter, those are Chapters 939 - 980.
 

davegran

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May 1, 2009
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As to the original subject of the post, I find it much easier to load up and holster up when exiting my car by using a $5 soft-sided zipper case instead of the hard case that my weapons came in originally. It's very easy to hold in one hand while I unzip it and retrieve my firearm with the other hand.

Dave
 

BROKENSPROKET

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Trempealeau County
As to the original subject of the post, I find it much easier to load up and holster up when exiting my car by using a $5 soft-sided zipper case instead of the hard case that my weapons came in originally. It's very easy to hold in one hand while I unzip it and retrieve my firearm with the other hand.

Dave

I had to upgrade from a $5 that I got at a gun show to a $20. The first one did not have a hook to grab onto with my left as I unzipped with my right, so I was pinching the case. I dirlled with it add decided I needed something better to grab onto gross muscle memory function in under fire conditions, if that is what it's called. I know I am close. I also needed a fabric that was a little more tacky, cuz I DASH CARRY.
 

davegran

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The ones I use are made by the Allen Co. and I get 'em at Gander. The padded lining and the fairly heavy outer fabric makes them very easy to grasp with one hand. They come in a variety of sizes and colors. I don't know if they'd stick to your dash. I suppose a piece of that rubber RV shelf liner that is mostly open space would give some traction....

Dave
 

Terkeytoes

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Oct 5, 2010
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Wisconsin
The case cannot be inside or touch the car. So, the legal way is to take the case out, cradle it in your arm, open it and remove firearm. Only AFTER the firearm is out of the case can the case go back in the car. So, to recap, if the case is open and the firearm is inside and the case is inside or touching, you are concealed.

I believe part of the law is used when hunters lean their rifles against their vehicles. DNR can and will issue ticket.


Does this apply even if you are on private property?
 

Terkeytoes

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Wisconsin
I ask cause the way I read the laws regarding vehicles and firearms is that they do not apply as long as you are on private property and not in the right of way of a roadway or highway.

Anyone who is familiar with this, is this correct? If you are private property and not in the right of way can you transfer a handgun from a case to holster and vice versa?

Seems to me like you are making less of a disturbance doing it that way than putting it on the ground and what not, but what do I know I only think with common sense.
 

bnhcomputing

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Two things:

1. I do not recall an exception for private property at all.

2. Uncasing, loading, unloading, casing a firearm should NEVER require needing to place the case on the ground.
 

Terkeytoes

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Oct 5, 2010
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Wisconsin
Two things:

1. I do not recall an exception for private property at all.

2. Uncasing, loading, unloading, casing a firearm should NEVER require needing to place the case on the ground.

I just re-read the law and found where I was mistaken, it was part of a string of exceptions in which all exceptions/criteria needed to be met before the exception was granted.
 

Flipper

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Apr 21, 2009
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, Wisconsin, USA
The case cannot be inside or touch the car. So, the legal way is to take the case out, cradle it in your arm, open it and remove firearm. Only AFTER the firearm is out of the case can the case go back in the car. So, to recap, if the case is open and the firearm is inside and the case is inside or touching, you are concealed.

I believe part of the law is used when hunters lean their rifles against their vehicles. DNR can and will issue ticket.

One of a continuing series of reasons why the DNR should have no enforcement authority over firearms unless an individual is actually in the act of hunting.
 

bnhcomputing

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Dec 13, 2007
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Location
Wisconsin, USA
The case cannot be inside or touch the car. So, the legal way is to take the case out, cradle it in your arm, open it and remove firearm. Only AFTER the firearm is out of the case can the case go back in the car. So, to recap, if the case is open and the firearm is inside and the case is inside or touching, you are concealed.

I believe part of the law is used when hunters lean their rifles against their vehicles. DNR can and will issue ticket.

I believe is would be "improperly cased" which is NOT an arrestable offense, just a citation. Concealed is an arrestable offense.
 
Last edited:

littlewolf

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May 10, 2010
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A, A
It has become so natural to me to load and unload I don't give it a second thought!
1.check surroundings befor exiting truck.(check for BG or PD) could be same ?
2.slide gun case from top of arm rest to seat.
3.exit truck,pickup gun case and unzip, remove weapon,insert mag,let slide go foreword and holster in one motion.

as for reentering truck
1. same as 1. above.
2. open truck door,draw weapon drop mag in hand and toss on seat.eject 180gr hp into truck on seat,lock slide back.
3.pick up case,insert weapon and zip. toss on armrest ,put 180gr hp back in mag.

never timed it but probly less than 15 sec. I do this with the weapon between me and the truck as not to draw attention.
 

protias

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Dec 18, 2008
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SE, WI
Granted; I don't believe the Glock has them either; but I was thinking of the new, inexperienced carrier who needs to hear a safe manual of arms if their pistol requires it.
I don't like thumb safeties. Why? Because I like to be able to hit the slide release with my thumb.
 

littlewolf

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May 10, 2010
Messages
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Location
A, A
I don't see any mention of engaging the safety or operating the decocker, whichever your firearm has.... :uhoh:

The Springfeild XD has a Grip Safety and USA (ultra Safety assurance) trigger system. Sorry for any confusion.
 
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