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Thread: Motorcycle Open Carry Explanation

  1. #1
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    Motorcycle Open Carry Explanation

    Alright, I read the Wisconsin laws as far as caring in a motor vehicle, but could anyone explain how motorcycles are treated. Such as, if you case your gun and put it in a saddle bag is that legal, and does it matter what kind of saddle bag it is, or would something like a secured backpack work. Any information that addresses any of that would be greatly appreciated.

  2. #2
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    First of all welcome to the forum.

    I was just over in Hartford a couple of weeks ago and bought a bunch of reloading supplies from Lee Precision Reloading. A great little town and the officer I spoke to on the street was familiar with OC law. If any of you guys get to Hartford, you gotta eat at The Mine Shaft which is located right downtown and is very welcoming with great eats.

    A motorcycle is considered a vehicle and as long as your gun is cased and unloaded you may carry it anywhere on the motorcycle including any saddlebags or backpacks. Just imagine yourself having newly bought the pistol and were bringing it home from the gun store... it would be the same thing.
    Last edited by Spartacus; 09-29-2010 at 07:28 AM.

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    Founder's Club Member protias's Avatar
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    If this is who I think it is, you are a big jerk! Just kidding man. Welcome to the forum. I have most of what you need in my sig.

    Quote Originally Posted by Spartacus View Post
    First of all welcome to the forum.

    I was just over in Hartford a couple of weeks ago and bought a bunch of reloading supplies from Lee Precision Reloading. A great little town and the officer I spoke to on the street was familiar with OC law. If any of you guys get to Hartford, you gotta eat at The Mine Shaft which is located right downtown and is very welcoming with great eats.

    A motorcycle is considered a vehicle and as long as your gun is cased and unloaded you may carry it anywhere on the motorcycle including any saddlebags or backpacks. Just imagine yourself having newly bought the pistol and were bringing it home from the gun store... it would be the same thing.
    I do not believe you can have it under the seat since that is considered a glove box, which would be concealed.
    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)

  4. #4
    McX
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    that's pretty much how i've been running on my motorcycle; unloaded, encased, stored in locked saddlebag.

    still i at times wonder, does it being encased, then put in a saddlebag constitute concealed?

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    Founder's Club Member bnhcomputing's Avatar
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    Unloaded, encased, and in the saddle bag should fine. There is NO MENTION of concealed in 167.31

    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.

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    Wisconsin Carry, Inc. Wisconsin Carry, Inc. - Chairman's Avatar
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    On my motorcycle I transport my firearms unloaded, in a case, either in a backpack or in my tank bag.
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Alright, thanks guys. Your answers pretty much summed up what I was making an educated guess at. Now I just need the money to get a gun haha.

  8. #8
    McX
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    Quote Originally Posted by bnhcomputing View Post
    Unloaded, encased, and in the saddle bag should fine. There is NO MENTION of concealed in 167.31
    thank you BnH, and Mr. Chairman, for setting my mind at ease. all i wish to do is to be legal, and comply.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by ilikemysupra View Post
    Alright, thanks guys. Your answers pretty much summed up what I was making an educated guess at. Now I just need the money to get a gun haha.
    If you ever want to go shooting, you have my number. I'll bring everything we can shoot at Fletcher's. Which reminds me, I need more .38 Special ammunition.
    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)

  10. #10
    Wisconsin Carry, Inc. Wisconsin Carry, Inc. - Chairman's Avatar
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    Quote Originally Posted by McX View Post
    thank you BnH, and Mr. Chairman, for setting my mind at ease. all i wish to do is to be legal, and comply.
    In advance of anyone nit-picking.

    I hesitate to claim I can guarantee "legal" with respect to Wisconsin gun-laws. It is a very blurry definition. I can share what I do, and that I have NO worries transporting in that manner. NONE

    I can say that if anyone was ever charged with carrying an unloaded encased firearm in a backpack or tank-bag/saddlebag of a motorcycle (and they were not committing or involved in a crime) that would make a GREAT legal challenge.

    I truly don't believe any jurisdiction would try to stretch the law and charge that, but if they did....

    It would be amusing to hear a municipality or the state try to tell a judge just exactly HOW a person is suppose to transport a gun on a motorcycle if not with the methods described above. There "has to be a way" to transport a firearm safely and securely using the ordinary conveyances of the day. The often chat-room-legal-expert volleyed "out of reach" is not possible. The case not being concealed would be impractical and unsecured.
    www.wisconsincarry.org Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

  11. #11
    Campaign Veteran rcawdor57's Avatar
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    And Keep In Mind That We Can NEVER Meet All Of Wisconsin's Arbitrary "Gun" Laws

    Here is my two cents again on the subject of "concealed" VS "transport". We can NEVER follow both of the laws pertaining to concealed and transport. It is impossible. As soon as the gun is "out of sight" it is concealed in accordance with Wisconsin law. When you go to the store and buy a gun and the dealer puts the gun in the case it came with from the factory...the law was just broken.

    Instead of worrying about which law to follow (since it cannot legally be done) I follow commonsense which tells me that if I am "transporting" the firearm IAW Wisconsin law that is all I need to abide by.

    And here is the question and answer from the State Patrol:

    "What is the legal method of carrying a weapon in my vehicle in Wisconsin?

    With the weapon cased and unloaded. Applies to firearms and bow hunting equipment."

    Link: http://www.dot.wisconsin.gov/statepa...nforcement.htm

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    Regular Member anmut's Avatar
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    Not to bring this off topic, but does anyone know if a sock (like I use for a couple of my rifles) can be considered a "case" when it applies to a handgun? A soft sock around a pistol would take up considerably less room on a motorcycle than even the smallest hard case.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by anmut View Post
    Not to bring this off topic, but does anyone know if a sock (like I use for a couple of my rifles) can be considered a "case" when it applies to a handgun? A soft sock around a pistol would take up considerably less room on a motorcycle than even the smallest hard case.
    If you sew a string on an actual foot sock for the purposes of keeping the end closed and the firearm will not become exposed, it is legal. You must do something to it so that it is "expressly made for the purpose of containing a firearm". By sewing a string on it, you are expressly making a gun case. If you are asking if you can use a commercial rifle sock for a handgun, the answer is yes. Gander and Scheels and likely Dicks carry handgun sock type cases.
    Last edited by Interceptor_Knight; 09-29-2010 at 06:34 PM.

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