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Encased, and in a pocket...Concealed or not?

paul@paul-fisher.com

paul@paul-fisher.com

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Chandler, AZ
Doug Huffman said:
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).
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I understand but, for example, allegedly an OC'er we all know (and love) had their case on their passenger seat when she was removed at gunpoint from their vehicle but the DA stated the officers had no RAS or PC to search the vehicle. If this ruling was truly 'enforceable' (just for you Doug:monkey) then I believe it would of been used as support for that case, instead, the whole case was dropped.
 
Plankton

Plankton

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Doug Huffman said:
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).
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How and where in your vehicle do you transport your gun, legally, Doug?
 
D

Doug Huffman

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Plankton said:
How and where in your vehicle do you transport your gun, legally, Doug?
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In its NIB case, with the magazine removed and in the case, in the spare-tire well of my compact VW Jetta Wagen to private property.

See http://www.vimeo.com/6115265 The Fork in Wisconsin Gun Laws, on-line for 15 months with eight views this week and nearly 900 total.

You can see me there in my natural habitat at 'Phil's 70th Birthday Party'. I'm the one with the hat. Near-by is 'Renate's Bicycle Ride' that we did weekly for a long time.

Thanks for the watch today.
 
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A

apjonas

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, ,
And don't forget

Doug Huffman said:
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).
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It matters not whether the "dangerous weapon" is loaded or not.

939.22 Words and phrases defined. In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948:
.....

(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.
 
G

GlockRDH

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(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.


The woudl disallow carrying guitar strings in your pocket!
 
littlewolf

littlewolf

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apjonas said:
It matters not whether the "dangerous weapon" is loaded or not.

939.22 Words and phrases defined. In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948:
.....

(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.
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Thats why when you buy a gun from me I do not put it in a bag !
 
M

Mugenlude

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Racine, WI
OK, I'll try to get more specific with a situation, maybe that will help.

I'm headed to the grocery store, it's nice outside, so I walk. I'm walking down the public sidewalk OC'g my pistol like normal. I look ahead and notice a school up the road. Now I don't want to break the law, but I still want to get some groceries.

I stop on the sidewalk, unholster my pistol, unload it, place the unloaded gun in it's zipped pistol case.

Now what do I do?

1. Can I place the pistol case in my backpack without it being considered as carrying a concealed weapon?
2. Can I place the pistol case under my arm (in my arm pit) and continue without it being considered as carrying a concealed weapon?
3. Can I hold the pistol case in my hand as I walk and continue without it being considered as carrying a concealed weapon?

Thanks...
 
paul@paul-fisher.com

paul@paul-fisher.com

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Mugenlude said:
1. Can I place the pistol case in my backpack without it being considered as carrying a concealed weapon?
2. Can I place the pistol case under my arm (in my arm pit) and continue without it being considered as carrying a concealed weapon?
3. Can I hold the pistol case in my hand as I walk and continue without it being considered as carrying a concealed weapon?
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Technically, no, no and no.

Putting a weapon out of normal view (in a case) is a concealed weapon. Only exceptions so far by the Wisconsin Supreme Court have been in your house and at your owned place of business.
 
D

Doug Huffman

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paul@paul-fisher.com said:
Technically, no, no and no. Putting a weapon out of normal view (in a case) is a concealed weapon. Only exceptions so far by the Wisconsin Supreme Court have been in your house and at your owned place of business.
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Legally (legalistically, if you prefer, me not being an attorney), no, no, and no. Paul is correct, yes and yes.

JUST carry
 
N

Nutczak

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paul@paul-fisher.com said:
Technically, no, no and no.

Putting a weapon out of normal view (in a case) is a concealed weapon. Only exceptions so far by the Wisconsin Supreme Court have been in your house and at your owned place of business.
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I say yes to all.
An unloaded firearm which is fully enclosed in a case which is designed to house a firearm with no part of the firearm visible is NOT illegal concealment. Where it is placed from that point on make no difference. In a backpack, vehicle, etc


We have the 9-day deer hunt starting in less than 12 weeks time here, if unloaded and encased was considered concealed, every single deer hunter would get nailed this coming week.
 
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D

Doug Huffman

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Mike said:
Right, that's the black letter law, and carrying an encased hidden gun is unlawful in Wisconsin - and moreover, the person would be further guilty of possessing the gun in the prohibite place.

What is with so many Wiscosin posters thinking ther is some pony at the bottom of the Section 941.23 manure pile?
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It's a magic pony! It makes the cops lose their discretion!
 
Big Dipper

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Nutczak said:
I say yes to all.
An unloaded firearm which is fully enclosed in a case which is designed to house a firearm with no part of the firearm visible is NOT illegal concealment. Where it is placed from that point on make no difference. In a backpack, vehicle, etc


We have the 9-day deer hunt starting in less than 12 weeks time here, if unloaded and encased was considered concealed, every single deer hunter would get nailed this coming week.
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I guess I missed that exemption when I read the statute. Maybe it's in the same place that says that you WON'T get a speeding ticket if you are doing less than 10 miles per hour over the speed limit.
 
G

GlockRDH

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Then how will that work with the gun store that is proposed across the street from the school? (or the gun store in pardeeville thats w/in the GFSZ?) If you make a purchase...take it to your car, unloaded and cased, then why would it not 'concealed'...if Im correctly reading whats posted on this thread...
 
paul@paul-fisher.com

paul@paul-fisher.com

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Chandler, AZ
GlockRDH said:
Then how will that work with the gun store that is proposed across the street from the school? (or the gun store in pardeeville thats w/in the GFSZ?) If you make a purchase...take it to your car, unloaded and cased, then why would it not 'concealed'...if Im correctly reading whats posted on this thread...
Click to expand...


Trust me, I'm not defending this. This is ridiculous! Conflicting laws.
 
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