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

Motofixxer

Motofixxer

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So let's say your out doing your business while OC'ing. You get a phone call from friends to meet at a prohibited place. So you unload and place your firearm in a sock or small padded case inside a jacket pocket, pants pocket etc. Would that be interpreted as concealed, or carrying in a prohibited place??? I would say no but what do you think?
Or what about carrying in a prohibited place with a firearm in a sock case, in a larger holster to accommodate the extra size?
 
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Shotgun

Shotgun

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Concealed? I say no because it's not immediately accessible. As far as "prohibited place" it depends upon the place. An unloaded and encased firearm is prohibited in a govt. building just as much as an loaded and non-cased gun.
 
S

smithman

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As long as the "case" is designed for a firearm, then you are good to go. You could buy a sock for a long gun, then cut it down. It is still designed for a firearm. And NO part of the handgun can be showing at all. Also, there must be some way to fasten it as I read the law. You could sew on some velcro to satisfy that.

167.31
(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.
 
Shotgun

Shotgun

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smithman said:
As long as the "case" is designed for a firearm, then you are good to go. You could buy a sock for a long gun, then cut it down. It is still designed for a firearm. And NO part of the handgun can be showing at all. Also, there must be some way to fasten it as I read the law. You could sew on some velcro to satisfy that.

167.31
(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.
Click to expand...

Velcro? That's fancy! Maybe just tie a string around the end.
 
P

Passive101

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I have a Ruger LCP that came with a zipper case. The gun in the gun case will easily fit in my pants pocket.

Would this be legal to carry in this manor if it is unloaded and the magazine is in another pocket?

This is a definite tag for more info!
 
M

Mlutz

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Passive101 said:
I have a Ruger LCP that came with a zipper case. The gun in the gun case will easily fit in my pants pocket.

Would this be legal to carry in this manor if it is unloaded and the magazine is in another pocket?

This is a definite tag for more info!
Click to expand...

Who cares where the mag is? (So long as it is not IN the gun.)
 
M

Mlutz

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Shotgun said:
Why care if the mag is in the gun if you're not in a vehicle, state park or school zone? Nothing says an encased gun has to be unloaded in every circumstance.
Click to expand...

I did a bit of reading in my stat. book, I'll do some more. Unless "D.H" shows up. (I hope he does. :) )
 
M

Mlutz

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Motofixxer said:
So let's say your out doing your business while OC'ing. You get a phone call from friends to meet at a prohibited place. So you unload and place your firearm in a sock or small padded case inside a jacket pocket, pants pocket etc. Would that be interpreted as concealed, or carrying in a prohibited place??? I would say no but what do you think?
Or what about carrying in a prohibited place with a firearm in a sock case, in a larger holster to accommodate the extra size?
Click to expand...

I guess I would want to know in what prohibited place you are meeting. That might help. :)
 
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M

Mlutz

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Shotgun said:
Why care if the mag is in the gun if you're not in a vehicle, state park or school zone? Nothing says an encased gun has to be unloaded in every circumstance.
Click to expand...

He asked about carrying in his pocket, loaded would make it a concealed weapon.
 
J

JJC

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Loaded or unloaded. In a pocket would be concealed.

As for the prohibited place. Some DA would just love to tack on another charge. (Except perhaps DA Fox)

JMHO

JJC
 
M

Mike

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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).
Click to expand...

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?
 
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?
Click to expand...
There is a snake-oil salesman here selling just that.

Search in the WI subforum on the term "unenforceable" and see who uses it and in what context. A circuit court judge wrote an opinion that it is unconstitutional in light of the recent SCOTUS decisions and the salesman would have that overturn all of Wisconsin gun law - the manure pile, revealing his magic pony.

JUST carry
 
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Big Dipper

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Mike said:
What is with so many Wiscosin posters thinking ther is some pony at the bottom of the Section 941.23 manure pile?
Click to expand...

Perhaps it's because we all do it so often and see others doing it.

From the house to the car in a case (hidden).

From the car to the gun range in a case (hidden).

From the car to the boat to go waterfowl hunting in a case (hidden).
 
Motofixxer

Motofixxer

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I stated prohibited place to be general, to stimulate conversation on the whole topic. There was no particular place I had in mind. But I was thinking about hypothetical situations that could come up.
So to avoid the concealed violation one would have to have it open and visible, like in a sock case, in hand or in a holster large enough to hold extra size of firearm and sock case. For example in a school zone, one would be legally transporting? Or in your vehicle, also? It's openly visible not hidden. But is encased and unloaded.
 
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M

McX

Guest
someone simply has to say it; just horsing around ofcourse, is that a gun in your pocket or are you glad to see me?

glad to see you back poking around motofixxer.
 
D

Doug Huffman

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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).
 
N

Nutczak

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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?
Click to expand...

What is the defenition of hidden?
 
D

Doug Huffman

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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).
Click to expand...
Y'all can ride the painted pony as far as you want on the road paved with hypotheticals.

http://www.sing365.com/music/lyric....-sweat-tears/4c9706c48c2ceb8a48256dc7002e11b1
 
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