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Thread: Case Question

  1. #1
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    Case Question

    I know this is not the place to get official legal advice, but I was wondering if there is an exception to the unloaded and cased law on private property? I was wondering if I am going hunting and I am driving to the other side of my property, do I need my shotgun unloaded and cased? There are times as well when I am working around the property and driving on the fourwheeler. What is the correct procedure. My land is in the middle of nowhere, so I am not worried about anyone seeing me, but I am just curious on what is required. Thanks.

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    Regular Member littlewolf's Avatar
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    Quote Originally Posted by junkie View Post
    I know this is not the place to get official legal advice, but I was wondering if there is an exception to the unloaded and cased law on private property? I was wondering if I am going hunting and I am driving to the other side of my property, do I need my shotgun unloaded and cased? There are times as well when I am working around the property and driving on the fourwheeler. What is the correct procedure. My land is in the middle of nowhere, so I am not worried about anyone seeing me, but I am just curious on what is required. Thanks.
    Just what the law says ,unloaded and encased. Stupid ain't it ? I didn,t say this but I do the same thing,let em catch me.
    Just think of a poor guy in a wheel chair, he can't carry either ! you can carry while pulling a coaster wagon but have to unload and encase it if you put it in the wagon ! We really need to ask the DNR the real purpose of these stupid laws.
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

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    Regular Member Motofixxer's Avatar
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    Well considering you don't need a license to drive on private property, I think a case could be made along those lines.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

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    Senate Bill 222 was introduced to allow UNCASED UNLOADED carry on private land last year, but I cannot find a link to prove it passed. I want to say that it did.
    "http://legis.wisconsin.gov/2009/data/SB-222.pdf"
    Also a news story "http://www.wuwm.com/programs/news/view_news.php?articleid=5782"
    Last edited by kawisixer01; 04-16-2011 at 11:47 AM. Reason: added news story

  5. #5
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    for the special, and beloved, i modify 2 latch gun cases to be rapid open. there are 3 in existence, i have one. makes it nice for vehicle transport on the seat next to you.

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    Regular Member grinner's Avatar
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    Hey Cop, do you have a warrant? No? Then get off my land.

    As a practical matter, it doesn't matter what's in my vehicle. They're not searching it on my property without a warrant. Any sweatshirt or something to cover up the gun on the passenger seat will suffice.

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    Regular Member littlewolf's Avatar
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    I found this SB 222
    Attached Files Attached Files
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

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    Quote Originally Posted by grinner View Post
    Hey Cop, do you have a warrant? No? Then get off my land.

    As a practical matter, it doesn't matter what's in my vehicle. They're not searching it on my property without a warrant. Any sweatshirt or something to cover up the gun on the passenger seat will suffice.
    I am in complete agreement with you on this. I have nothing to hide, but no one is going through my stuff without a warrant. I was wondering because I carry around my revolver around on a chest rig when I am up there for the wolves. It would be tough to deny having a gun when I am on an ATV with that in plain view.

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    Regular Member MKEgal's Avatar
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    Under a strict plain reading of the law, no, it's not legal.
    However...
    You're on your own property (ATV), on your own property (land), and not committing a crime.
    Further, obeying the law puts you in danger (from wolves, & a ND).
    It'd be hard for a judge to get a conviction to stick.

    And don't anyone be under any misconception here:
    the lack of a warrant will NOT prevent LEOs from entering your car or home,
    searching anything, anywhere,
    nor from taking anything they find.

    It just prevents them from using as evidence anything they find which might be interpreted as being against any law, or which they think you should not have...
    and they've let themselves in for a civil rights lawsuit.
    DAMHIK.

    (Anyone know a good civil rights lawyer in the Milwaukee area?)
    Last edited by MKEgal; 04-18-2011 at 12:17 PM.

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    Campaign Veteran rcawdor57's Avatar
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    Cool

    (Anyone know a good civil rights lawyer in the Milwaukee area?)[/QUOTE]

    YES. PM SENT.

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    Regular Member GlockRDH's Avatar
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    Thats a sticky area...you CAN get a DUI while sitting in your car on private property...which i think is kinda scary that they have that much power...as for the ATV situation, isnt that a DNR issue, they tend the have a bit to much power as it is.

  12. #12
    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by kawisixer01 View Post
    Senate Bill 222 was introduced to allow UNCASED UNLOADED carry on private land last year, but I cannot find a link to prove it passed. I want to say that it did.
    "http://legis.wisconsin.gov/2009/data/SB-222.pdf"
    Also a news story "http://www.wuwm.com/programs/news/vi...articleid=5782"
    It did NOT pass, because they failed to add a definition for the word "concealed." As of right now today, unloaded and completely encased in a closed case specifically designed for a firearm.

  13. #13
    Regular Member LR Yote 312's Avatar
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    Quote Originally Posted by junkie View Post
    I know this is not the place to get official legal advice, but I was wondering if there is an exception to the unloaded and cased law on private property? I was wondering if I am going hunting and I am driving to the other side of my property, do I need my shotgun unloaded and cased? There are times as well when I am working around the property and driving on the fourwheeler. What is the correct procedure. My land is in the middle of nowhere, so I am not worried about anyone seeing me, but I am just curious on what is required. Thanks.
    Transport unloaded and cased....Them Game Wardens been gettin awful sneaky.

    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

  14. #14
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by junkie View Post
    I know this is not the place to get official legal advice, but I was wondering if there is an exception to the unloaded and cased law on private property? I was wondering if I am going hunting and I am driving to the other side of my property, do I need my shotgun unloaded and cased? There are times as well when I am working around the property and driving on the fourwheeler. What is the correct procedure. My land is in the middle of nowhere, so I am not worried about anyone seeing me, but I am just curious on what is required. Thanks.
    According to State Statute, you are in violation if you are sitting on a hay wagon which is not attached to a tractor unless your firearm is legally "encased" as it meets the definition of a "vehicle"...

  15. #15
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by MKEgal View Post
    Under a strict plain reading of the law, no, it's not legal.
    However...
    You're on your own property (ATV), on your own property (land), and not committing a crime.
    Further, obeying the law puts you in danger (from wolves, & a ND).
    It'd be hard for a judge to get a conviction to stick.
    You can find the .pdf on the DNR web site from past years where judges had no problem getting a conviction to stick.
    Besides, I haven't heard of wolves running down hunters on ATVs and attacking them lately...
    Last edited by Interceptor_Knight; 04-20-2011 at 04:07 PM.

  16. #16
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    Actual case up here;

    A guy had purchased a towable stand that telescopes up to a height of about 10-12 feet tall, it has scissor jacks on the corners of the trailer to make it more stable. He was issued a ticket for "Hunting from a vehicle" while using that stand.
    He towed it behind his ATV, disconnected it from his ATV, but because it had wheels on it even though it was stationary, he got tagged for a violation.
    The DNR said if he would have removed the wheels he would not have been in violation of how they interpreted the law.
    I sure hope the judge through that case out, but knowing a certain judge in this area, I doubt it. The judge I am referring to would find you guilty of jaywalking if a blind cop said he saw you doing it, even if you proved you were not in the same country.

    Good ole chip, he is a real piece of work

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