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Thread: Has this been dealt with? Transportation?

  1. #1
    Regular Member GlockRDH's Avatar
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    Has this been dealt with? Transportation?

    Just thinking here...how is 'motor vehicle' defined? Something which can be licensed for use on the road way? or else where (dnr reg. atvs and sleds) What would happen if i was armed while driving my garden tractor to town? Its not a legal-for-use on the road way...yet no one is ever charged with driving it on the road...

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    Founder's Club Member protias's Avatar
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    (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.
    (bg) “Family member of the landowner” means a person who
    is related to the landowner as a parent, child, spouse, or sibling.
    (bn) “Farm tractor” has the meaning given in s. 340.01 (16).
    (c) “Firearm” means a weapon that acts by force of gunpowder.
    (d) “Highway” has the meaning given under s. 340.01 (22).
    (dm) “Implement of husbandry” has the meaning given in s.
    340.01 (24).
    (e) “Motorboat” has the meaning given under s. 30.50 (6).
    (em) “Peace officer” has the meaning given in s. 939.22 (22).
    (et) “Private security person” has the meaning given in s.
    440.26 (1m) (h).
    (f) “Roadway” has the meaning given under s. 340.01 (54).
    (fm) “Street” means a highway that is within the corporate lim-
    its of a city or village.
    (fr) “Transmission facility” means any pipe, pipeline, duct,
    wire, cable, line, conduit, pole, tower, equipment, or other struc-
    ture used to transmit or distribute electricity to or for the public or
    to transmit or distribute communications or data to or from the
    public.
    (g) “Unloaded” means any of the following:
    1. Having no shell or cartridge in the chamber of a firearm or
    in the magazine attached to a firearm.
    2. In the case of a cap lock muzzle−loading firearm, having
    the cap removed.
    3. In the case of a flint lock muzzle−loading firearm, having
    the flashpan cleaned of powder.
    (h) “Vehicle” has the meaning given in s. 340.01 (74), and
    includes a snowmobile, as defined in s. 340.01 (58a), and an elec-
    tric personal assistive mobility device, as defined in s. 340.01
    (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m)
    “vehicle” has the meaning given for “motor vehicle” in s. 29.001
    (57).
    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
    ROADWAYS. (a) Except as provided in sub. (4), no person may
    place, possess or transport a firearm, bow or crossbow in or on a
    motorboat with the motor running, unless the firearm is unloaded
    or unless the bow or crossbow is unstrung or is enclosed in a carry-
    ing case.

    (b) Except as provided in sub. (4), no person may place, pos-
    sess or transport a firearm, bow or crossbow in or on a vehicle,
    unless the firearm is unloaded and encased or unless the bow or
    crossbow is unstrung or is enclosed in a carrying case.


    <further down>

    2. The vehicle is not certified by the manufacturer for on−road
    use.
    3. The vehicle is not an all−terrain vehicle, as defined in s.
    340.01 (2g).
    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)

  3. #3
    Regular Member GlockRDH's Avatar
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    hmmm...my 1976 Simplicity wasnt certified for on road use...

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by GlockRDH View Post
    Just thinking here...how is 'motor vehicle' defined? Something which can be licensed for use on the road way? or else where (dnr reg. atvs and sleds) What would happen if i was armed while driving my garden tractor to town? Its not a legal-for-use on the road way...yet no one is ever charged with driving it on the road...
    Short answer is that the Statute applies to all vehicles, your garden tractor is a "vehicle" and you may not carry a firearm on it unless the firearm is legally "encased" as defined in the Statute. A horse is the only thing you may ride into town or anywhere else unless your firearm is encased. The exceptions within the statute are for shooting ranges/events and boats on the water.

    167.31 Safe use and transportation of firearms and
    bows. (h) “Vehicle” has the meaning given in s. 340.01 (74)
    (b) Except as provided in sub. (4), no person may place, possess
    or transport a firearm, bow or crossbow in or on a vehicle,
    unless the firearm is unloaded and encased or unless the bow or
    crossbow is unstrung or is enclosed in a carrying case.
    340.01 Words and phrases defined.
    (74) “Vehicle” means every device in, upon, or by which any
    person or property is or may be transported or drawn upon a highway,
    except railroad trains. ......

  5. #5
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by protias View Post
    <further down>

    2. The vehicle is not certified by the manufacturer for on−road
    use.
    3. The vehicle is not an all−terrain vehicle, as defined in s.
    340.01 (2g).
    You listed it out of context. This only applies to an event at shooting ranges.....
    (bt) Subsection (2) (b) does not apply to the placement, possession,
    or transportation of an unloaded firearm in or on a vehicle
    if all of the following apply:
    1. The vehicle is a self−propelled motor vehicle with 4 rubber−
    tired wheels.
    2. The vehicle is not certified by the manufacturer for on−road
    use.
    3. The vehicle is not an all−terrain vehicle, as defined in s.
    340.01 (2g).
    4. The vehicle is being used to transport individuals involved
    in sport shooting activities at sport shooting ranges, as defined in
    s. 895.527 (1), and is not being used to transport individuals
    involved in hunting.
    5. The vehicle is being operated entirely on private property
    and is not being operated in the right−of−way of any highway.
    Last edited by Interceptor_Knight; 02-16-2011 at 12:42 AM.

  6. #6
    Regular Member GlockRDH's Avatar
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    Bicycles are out then also. as are skate boards.

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    Regular Member LR Yote 312's Avatar
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    Theres a couple vids on youtube where a guy got nailed for DUI
    operating a scissors lift....and then later a lawnmower.
    He was even tazed once or twice for being a little unruly.

    I know and understand a DUI isnt the same as OC'ing on a lawnmower,
    but the point I am trying to make is if there is a chance they can make the charges stick....they will.

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


    Watch your thoughts; they become words.
    Watch your words; they become actions.
    Watch your actions; they become habits.
    Watch your habits; they become character.
    Watch your character; it becomes your destiny.
    - Frank Outlaw

  8. #8
    Campaign Veteran rcawdor57's Avatar
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    Quote Originally Posted by LR Yote 312 View Post
    Theres a couple vids on youtube where a guy got nailed for DUI
    operating a scissors lift....and then later a lawnmower.
    He was even tazed once or twice for being a little unruly.

    I know and understand a DUI isnt the same as OC'ing on a lawnmower,
    but the point I am trying to make is if there is a chance they can make the charges stick....they will.

    LR Yote
    Steve the lawnmower dude! I am fairly certain that those videos are made for our enjoyment and not actual events of Steve being arrested, tasered, etc.... There are about a dozen of his videos on youtube now. Type in "steve lawnmower" and you will get a handful of different events all recorded by the dash cam perfectly. Still, great videos to watch!

    LINK: http://www.marcryan.com/#/steve

    If we get really determined (if we were the police) we could arrest anyone for open carrying a firearm by stating that shoes are vehicles. Oh, I love the laws of Wisconsin, they are so easy to follow.
    Last edited by rcawdor57; 02-16-2011 at 09:14 AM. Reason: Added link to Steve...

  9. #9
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    You listed it out of context. This only applies to an event at shooting ranges.....
    Thanks for the clarification.
    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
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by rcawdor57 View Post
    .......If we get really determined (if we were the police) we could arrest anyone for open carrying a firearm by stating that shoes are vehicles.
    Unlike a skateboard, since there are no tracks or wheels on a shoe,they are not a vehicle.

  11. #11
    Campaign Veteran rcawdor57's Avatar
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    Lightbulb

    Quote Originally Posted by Interceptor_Knight View Post
    Unlike a skateboard, since there are no tracks or wheels on a shoe,they are not a vehicle.

    What about the shoes with wheels on them? You know the kind, the ones that have the wheels that allow you to skate. Heck, my kids have them and they are banned in the schools now.

    Now that is a vehicle!

    My previous post was sarcasm of course but now I wonder about those shoes with the tiny wheels on them. Heck, they just may be vehicles!

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    I assume rollerblades are also not a vehicle.

  13. #13
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by smithman View Post
    I assume rollerblades are also not a vehicle.
    Quote Originally Posted by rcawdor57 View Post
    What about the shoes with wheels on them? You know the kind, the ones that have the wheels that allow you to skate. Heck, my kids have them and they are banned in the schools now.

    Now that is a vehicle!

    My previous post was sarcasm of course but now I wonder about those shoes with the tiny wheels on them. Heck, they just may be vehicles!
    The only way you could get convicted for carrying while having wheels on your feet whether they are shoes with wheels or a pair of roller skates is if a prosecutor was successful in arguing that you had become a vehicle. I do not believe in the wildest gun grabbing libtard dream that this would come true.
    A person is not a vehicle and I would bet by wallet on it by carrying while wearing roller skates.
    If you nailed a board to a pair of roller skates, it would become a skateboard which could be argued to be a "vehicle".

  14. #14
    Regular Member GlockRDH's Avatar
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    just playing devils advocate here...just because it has a motor doesnt make it a vehicle...i.e. those electric stand up scooters....not a vehicle in the sense of the word...

  15. #15
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    Vehicle

    Segways are by definition "vehicles". They can be driven on public streets and roadways. Don't confuse the definition of "motor vehicles" with the definition of "vehicles".

  16. #16
    Campaign Veteran rcawdor57's Avatar
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    Exclamation And if you are wheel chair bound????

    I am fairly certain that wheel chairs are considered vehicles. What a bunch of hooey. A vehicle in your home (ie Wheel chair). So I guess when it is in your home it is not a vehicle since there are no roadways but once outside??? No Constitutional right to keep and bear arms for those in wheel chairs???

    I really despise these "gun laws" in Wisconsin.

  17. #17
    Regular Member Interceptor_Knight's Avatar
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    ...
    Quote Originally Posted by rcawdor57 View Post
    I am fairly certain that wheel chairs are considered vehicles. What a bunch of hooey. A vehicle in your home (ie Wheel chair). So I guess when it is in your home it is not a vehicle since there are no roadways but once outside??? No Constitutional right to keep and bear arms for those in wheel chairs???

    I really despise these "gun laws" in Wisconsin.
    A motorized wheel chair is. A "normal" wheel chair may or may not be, but if someone is confined to one, they will likely not be convicted of a charge from violating 167......
    (h) “Vehicle” has the meaning given in s. 340.01 (74), and
    includes a snowmobile, as defined in s. 340.01 (58a), [red]and an electric
    personal assistive mobility device, as defined in s. 340.01
    (15pm),
    (15pm) “Electric personal assistive mobility device” means
    a self−balancing, 2−nontandem−wheeled device that is designed
    to transport only one person and that has an electric propulsion
    system that limits the maximum speed of the device to 15 miles
    per hour or less.
    Last edited by Interceptor_Knight; 02-18-2011 at 06:29 PM.

  18. #18
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    Make sense out of this.

    167.31(1)(h)
    (h) "Vehicle" has the meaning given in s. 340.01 (74), and includes a snowmobile, as defined in s. 340.01 (58a), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given for "motor vehicle" in s. 29.001 (57).

    29.001(57)
    (57) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.

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