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Has this been dealt with? Transportation?

GlockRDH

Regular Member
Joined
Sep 24, 2010
Messages
626
Location
north of the Peoples Republic of Madison
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...
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
(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).
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
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. ......
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
<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:

LR Yote 312

Regular Member
Joined
Nov 11, 2010
Messages
458
Location
God's Country, Wi
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
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
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:

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
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!
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
I assume rollerblades are also 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!

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".
 

Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
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".
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
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.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
...
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:

Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
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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