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Thread: loaded mag and cars

  1. #1
    Regular Member oliverclotheshoff's Avatar
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    loaded mag and cars

    can someone refresh my memory on the legal ways t have a loaded magazine in a vehicle on public roadways
    SCOTT

    "When guns are outlawed only outlaws will have guns"

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  2. #2
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    not in concealed gun

    thats all all done

    law does not address

    carry of a magazine

  3. #3
    McX
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    loaded mags, and cars..................go together naturally.

  4. #4
    Regular Member BRAND0N's Avatar
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    always have one in my back pocket ;-)

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    Campaign Veteran Flipper's Avatar
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    I always keep one in the car door side compartment. My fully enclosed unloaded firearm (M&P 45C, no safety) in a "fast draw" pistol bag. The drill is open, grab, slap, pull, in battery.

    It takes seconds, but better than having the police minutes too late.
    Last edited by Flipper; 12-08-2010 at 11:27 AM.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
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    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

  6. #6
    Regular Member LR Yote 312's Avatar
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    Quote Originally Posted by McX View Post
    loaded mags, and cars..................go together naturally.
    Yup.... I even keep a couple for the long range hammer in the counsel too.

    Short guns are for fightin your way to long guns.

    LR Yote
    *NOTE: No Longer under the tyranny of Milwaukee County.


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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Flipper View Post
    I always keep one in the car door side compartment. My fully enclosed unloaded firearm (M&P 45C, no safety) in a "fast draw" pistol bag. The drill is open, grab, slap, pull, in battery.

    It takes seconds, but better than having the police minutes too late.
    Yep, it only takes seconds if ya know the drill.

  8. #8
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    Full circle in two and a half hours

    from newbie question to ccw violation

    but not advocacy by elite leaders

    oliver we may not have nonvisible

    gun within arms reach

    the elite can

  9. #9
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Big Guy View Post
    Full circle in two and a half hours

    from newbie question to ccw violation

    but not advocacy by elite leaders

    oliver we may not have nonvisible

    gun within arms reach

    the elite can
    Cite please. What's with the weird formatting you always do?
    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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    format due to kindle two

    strokes upper case

    thru amaxon web

    cites made a million

    times before

    nine forty one twenty three

  11. #11
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Big Guy View Post
    format due to kindle two

    strokes upper case

    thru amaxon web

    cites made a million

    times before

    nine forty one twenty three
    Gotcha on the formatting part. Kinda weird though. I'll have to figure out how to use my kindle and post here one of these days.

    941.23 has nothing to do with having a firearm in the car since it is unloaded and encased. Neither 167.31, nor 941.23, require keeping a firearm "out of reach."
    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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    vehicle carry is not ommitted in

    state v keith elements of ccw

    crime

    you cut off your nose to spite

    the doug

  13. #13
    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by Big Guy View Post
    vehicle carry is not ommitted in

    state v keith elements of ccw

    crime

    you cut off your nose to spite

    the doug
    Come on Mr. Huffman. There's no need to be more cryptic than usual.
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  14. #14
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Big Guy View Post
    Full circle in two and a half hours
    from newbie question to ccw violation
    but not advocacy by elite leaders
    oliver we may not have nonvisible
    gun within arms reach
    the elite can
    This is Doug Huffman; same tag line, same nonsensical posts.
    Noticed it in other threads, too.
    Report him when you see him (little triangle in the lower left of a post), let John & Mike root out another of his personae.
    Last edited by MKEgal; 12-08-2010 at 01:58 PM.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  15. #15
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by protias View Post
    Neither 167.31, nor 941.23, require keeping a firearm "out of reach."
    The argument (as best I understand it) is that if it's in reach it's concealed. In the notes after the statute is included this (3rd note):

    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).
    http://legis.wisconsin.gov/statutes/Stat0941.pdf
    That ruling was well before the constitutional amendment protecting our right to carry, so is probably void, but I'm sure there's some DA that would at least try to use it.

    Of course, that leads to arguments about what's "in reach" and what's not.
    I say that something in the tank bag of my motorcycle, or the pockets of my suit, isn't in reach unless I stop driving, esp. a gun in a closed case. (Then try loading it one-handed while riding!)
    Also, the back seat of a car behind the driver is out of reach while driving. Or at the very least, it's likely to lead to a crash if I try to reach something that's back there.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  16. #16
    Regular Member LR Yote 312's Avatar
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    Quote Originally Posted by MKEgal View Post
    Of course, that leads to arguments about what's "in reach" and what's not.
    I say that something in the tank bag of my motorcycle, or the pockets of my suit, isn't in reach unless I stop driving, esp. a gun in a closed case. (Then try loading it one-handed while riding!)
    Also, the back seat of a car behind the driver is out of reach while driving. Or at the very least, it's likely to lead to a crash if I try to reach something that's back there.
    Practice your weak hand drills and that problem (loading on a bike) is fixed....

    Show me where in a Jeep Wrangler is out of reach.

    LR Yote
    Last edited by LR Yote 312; 12-08-2010 at 02:29 PM.
    *NOTE: No Longer under the tyranny of Milwaukee County.


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    Campaign Veteran rcawdor57's Avatar
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    Exclamation

    Once again the "within reach" issue is brought up when transporting a firearm. Yes, we know there are no exceptions to 941.23. So why don't the police arrest everyone who buys a gun? Heck, as soon as you close the lid on the case or box or bag or whatever the gun is in you violate 941.23. As soon as you put the gun in your gun safe and close the door you violated 941.23. The examples of a concealed weapons violation under statute 941.23 are endless and yet we still have no arrests when transporting a firearm IAW 167.31.

  18. #18
    Campaign Veteran Flipper's Avatar
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    As Shotgun said at:


    http://www.usacarry.com/forums/wisco...kup-truck.html pretty much sums it up.

    "The statute covering transport of firearms is Chapter 167.31 which can be found here:

    http://www.legis.state.wi.us/statutes/Stat0167.pdf

    The "weird" stuff you may have heard about is that some people are under the impression that you must transport the firearm "out of reach." Which, as you can see, is not a requirement under the statutes.

    Basically, if you have the firearm unloaded and it is in a gun case that is snapped, buckled, tied or zipped or otherwise fastened shut you are good to go. It does not need a lock. Nothing in the statute requires that it can be out of reach. There was an old non-precedent setting case in which a judge ruled that a guy's gun was a "concealed weapon" even though it was properly transported because it was still within his reach. A few people have gone a little crazy over that old case and believe you're violating the concealed weapons law if the gun case is within your reach. That old decision cannot even be used in court to try to convince a judge, so it is meaningless to everyone except the individual who was convicted. I do not transport my firearms out of reach and I have not found an instance where any law enforcement agency is under the impression that it needs to be out of reach in Wisconsin. To me it is a non-issue. Within the past week a district attorney declined to prosecute a woman who was found to have an encased, but loaded, gun on her passenger seat. The DA mentioned that they are unsure whether the transport statute is even constitutional. The violation for improper transport has a maximum fine of $100."
    Last edited by Flipper; 12-08-2010 at 04:46 PM.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

  19. #19
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Flipper View Post
    Within the past week a district attorney declined to prosecute a woman who was found to have an encased, but loaded, gun on her passenger seat.
    Another one? Woohoo!! Good - even those who are supposed to prosecute the laws are beginning to be uncertain as to their legality. Where did that one happen? Link to news article?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  20. #20
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    Quote Originally Posted by MKEgal View Post
    This is Doug Huffman; same tag line, same nonsensical posts.
    Noticed it in other threads, too.
    Report him when you see him (little triangle in the lower left of a post), let John & Mike root out another of his personae.
    Thanks for noticing. Some here are so very naive.

    I really don't get it. They can't say what they used to or it would be extremely obvious who they are, yet they hang around like ghosts speaking through windows.

    People are strange sometimes...
    Last edited by Spartacus; 12-08-2010 at 05:48 PM.

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    Quote Originally Posted by Big Guy View Post
    Full circle in two and a half hours

    from newbie question to ccw violation

    but not advocacy by elite leaders

    oliver we may not have nonvisible

    gun within arms reach

    the elite can
    What is this some sort of Hiku?

  22. #22
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    Cool... Big Guy is banned.

    Two more to go and then I go into sleep mode.

  23. #23
    Campaign Veteran Flipper's Avatar
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    Quote Originally Posted by MKEgal View Post
    Another one? Woohoo!! Good - even those who are supposed to prosecute the laws are beginning to be uncertain as to their legality. Where did that one happen? Link to news article?
    I believe the "her" is you. I was quoting a post by Shotgun on another forum.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

  24. #24
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Flipper View Post
    I believe the "her" is you. I was quoting a post by Shotgun on another forum.
    Oh, that was back in July. That's why I thought there was another incident with someone else recently, when you said it was within the last week. Oops.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  25. #25
    Regular Member IcrewUH60's Avatar
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    so the easy solution is to quit "transporting" your firearms and start "bearing" them. No?
    "In a court trial half the lawyers are wrong." - Captain Nemo

    "[There is] a duty in refusing to cooperate in any undertaking that violates the Constitutional rights of the individual. This holds in particular for all inquisitions that are concerned with the private life and the political affiliations of the citizens." - Albert Einstein

    gunowners.org ~ lp.org ~ downsizedc.org ~ oathkeepers.org ~ campaignforliberty.com/usa/WI/ ~ goooh.com

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