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loaded mag and cars

Elysium

Regular Member
Joined
Mar 16, 2009
Messages
103
Location
, ,
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?
 

Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
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.
 

IcrewUH60

Regular Member
Joined
Jun 22, 2009
Messages
481
Location
Verona, Wisconsin, USA
How can you bear your arms when 167.31 and 941.23 prevent you from doing so while in your vehicle on public roads?

and there in lies the problem. State constituition says "for other lawful purposes". So is it really just that easy to outlaw blondes from owning guns and then bingo they lose that right because it is no longer "legal".

Maybe one could "live out of your car" as the court has shown that your right to security outweighs the state's attempt to restrict it within your private residence.

"“If the constitutional right to keep and bear arms for security is to mean anything, it must, as a general matter, permit a person to possess, carry and sometimes conceal arms to maintain the security of his private residence or privately operated business,
and to safely move and store weapons within these premises.” - Wisconsin Briefs January 2004

or bear arms while you are deliver newspapers from your car as your privately operated business?
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
and there in lies the problem. State constituition says "for other lawful purposes". So is it really just that easy to outlaw blondes from owning guns and then bingo they lose that right because it is no longer "legal".

Maybe one could "live out of your car" as the court has shown that your right to security outweighs the state's attempt to restrict it within your private residence.

"“If the constitutional right to keep and bear arms for security is to mean anything, it must, as a general matter, permit a person to possess, carry and sometimes conceal arms to maintain the security of his private residence or privately operated business,
and to safely move and store weapons within these premises.” - Wisconsin Briefs January 2004

or bear arms while you are deliver newspapers from your car as your privately operated business?

Here is the interesting thing we've discussed here before, since the Constitutional Amendment in 1998, we've all been wondering if those old laws are still in effect. No one has yet to be a "test case." There have been a few issues over the last (almost) 2 years, but none of the lawsuits ever went to the state supreme court (yet).
 

apjonas

Regular Member
Joined
Jun 11, 2006
Messages
1,157
Location
, ,
Easy

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.

There is at least one exception to 941.23 as the Hamdan case showed. Not an extensive one but there it is. As for the newly purchased gun, etc., the rules of statutory construction do not require an absurd result. Furthermore, police know what the outcome of arresting every innocent purchaser would be, so they don't. Maybe somebody should develop a transparent gun safe. If the law were as simple as reading the words of a statute, we could hire secretaries instead of judges.
 
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