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Thread: Unloaded & concealed

  1. #1
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    Unloaded & concealed

    Is unloaded & concealed acceptable for carry in WI? Seems to depend on the legal definition of "go armed", which I wasn't able to find. Going to be visiting WI soon and not thrilled about having to leave the gun locked up in the hotel room/car.

    Also, in Ohio we have a retarded law that says "unloaded" means no ammo in compatible magazines, at least when in the car (without CHL). In Wisconsin is it OK to have loaded magazines as long as they are not in the gun and the chamber is empty?

    One last question... WI law says the gun must be unloaded and encased... is there a requirement for a lock, or where the case can be? IE could I have an unlocked (but shut) case on the seat next to me with an empty gun and a loaded mag?

    Thanks

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    Good question, and timely. NO. CONCEALED CARRY IS ILLEGAL IN WISCONSIN

    Quote Originally Posted by theqbn View Post
    Is unloaded & concealed acceptable for carry in WI?
    Here is the link URL to the Wisconsin Statutes Chapter 941 PDF http://www.legis.state.wi.us/statutes/Stat0941.pdf


    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.

    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).

    The "To go armed" paragraph is part of the annotated statutes and includes the case law citation. Vehicle carry/transportation is not excepted in the words of this law.
    Last edited by Doug Huffman; 09-02-2010 at 03:56 PM.

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    Quote Originally Posted by Doug Huffman View Post
    Here is the continuing
    Meaning?

    ETA: To clarify, is one considered "going armed" with an unloaded gun?
    Last edited by theqbn; 09-02-2010 at 03:54 PM.

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    Yes. It doesn't even have to be a gun. The definition of dangerous weapon includes an unloaded gun.

    Give me a minute and I'll find the definition. Please be careful about editing inside quote blocks. I may be delayed a minute for the storm passing between my satellite and me.

    939.22(10) “Dangerous weapon” means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation
    of blood; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
    Last edited by Doug Huffman; 09-02-2010 at 04:10 PM.

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    Quote Originally Posted by theqbn View Post

    Also, in Ohio we have a retarded law that says "unloaded" means no ammo in compatible magazines, at least when in the car (without CHL). In Wisconsin is it OK to have loaded magazines as long as they are not in the gun and the chamber is empty?

    Ammo may be in the magazine if the magazine is not in the gun. Both the loaded magazine and the gun may stored in the same case.

    One last question... WI law says the gun must be unloaded and encased... is there a requirement for a lock, or where the case can be? IE could I have an unlocked (but shut) case on the seat next to me with an empty gun and a loaded mag?
    The case must fully enclose the gun and be fastened (zipped, tied, snapped) It does not have to be locked.
    It is my understanding that the case prevents the gun from being "in reach". So the case may be anywhere.
    Last edited by phred; 09-02-2010 at 04:19 PM. Reason: formatting

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    Thanks guys.

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    Please be careful. The encased and "in reach" are from arguments about 167.31

    167.31 is a civil violation that gets you a ticket, a cheap shot for a cop compared to the A Misdemeanor of 941.23

    OCDO Rule (15) WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    Last edited by Doug Huffman; 09-02-2010 at 04:43 PM.

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    Re: ammo in the mag and mag not in the gun, what counts as "in the gun"?

    The gun dealer I used to use (until he disappeared) told me that technically if the mag isn't 'locked' in the gun (fully inserted to where it's usable and won't fall out when you pick up the gun, whatever that term is), the gun isn't loaded, but as soon as you slap the mag home, then it is. Anyone know more about that?
    Last edited by The Don; 09-02-2010 at 04:45 PM.

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    You can read all the statutes and case laws in my sig.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Quote Originally Posted by The Don View Post
    Re: ammo in the mag and mag not in the gun, what counts as "in the gun"?

    The gun dealer I used to use (until he disappeared) told me that technically if the mag isn't 'locked' in the gun (fully inserted to where it's usable and won't fall out when you pick up the gun, whatever that term is), the gun isn't loaded, but as soon as you slap the mag home, then it is. Anyone know more about that?
    In relation to what? In or out is moot to a dangerous weapon.

    I'll look for a definition of unloaded. <Jeopardy theme music> </music>
    941.237(1)(g) “Unloaded” means any of the following:
    1. Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.
    2. In the case of a caplock muzzle−loading handgun, having the cap removed.
    3. In the case of a flintlock muzzle−loading handgun, having the flashpan cleaned of powder.
    Last edited by Doug Huffman; 09-02-2010 at 04:55 PM.

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    sorry for the lack of clarity.

    in relation to the gun being in the case with the case shut and otherwise properly stored for vehicular transportation.

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    I'll look in the civil code (<Ch. 900) <Jeopardy theme music> </music>

    167.31(1)(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.

    Regards technically legally attached, I'd ask for a citation. Believe nothing that you read or hear without verifying it yourself unless it fits your preexisting worldview.

    The cop doesn't have to make the charge stick. He observes, detains, investigates and recommends a charge for the State to sustain. In this case it's a civil violation, a ticket.
    Last edited by Doug Huffman; 09-02-2010 at 05:04 PM.

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