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Thread: Three men charged with having uncased firearms in a vehicle: a golf cart.

  1. #1
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Three men charged with having uncased firearms in a vehicle: a golf cart.

    A. Gold

    Failure to comply may result in discipline up to and including termination.
    The free man is a warrior. - Nietzsche "Twilight of the Idols"

  2. #2
    McX
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    obviously the charges were brought against them for treading on the rights of the raccoons and skunks. i smell a skunk here too.

  3. #3
    Founder's Club Member protias's Avatar
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    How is the law written for permission from the owner to carry loaded firearms in vehicles on private property?
    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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    Regular Member Fallschirmjäger's Avatar
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    This is going to hinge upon the definition of 'vehicle' in Wisconsin's laws. Of course, a moment spent exiting the golf cart and uncasing the rifles would have prevented almost any charges,... right?
    Last edited by Fallschirmjäger; 06-04-2011 at 02:00 PM.

  5. #5
    Regular Member Fallschirmjäger's Avatar
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    Transporting Firearms in Motor Vehicles, Boats, or Aircraft. In general, no one may
    place, possess, or transport a firearm in a motor vehicle, motorboat, or aircraft unless the firearm
    is unloaded and in a carrying case. Loading or discharging a firearm in or from a vehicle
    is also prohibited [ss. 167.31 (2) (a) and (b), and (3) (a)].

    So, let's look at 167.31 (2) (a) and (b)
    "...(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 carrying case.
    (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..."
    (( (3) (a) concerns aircraft, so I'm not even bothering until I see the first flying golf cart.))

    "Vehicle" is defined in 340-01-74
    (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. A snowmobile or electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

    Are golf carts registered and licensed for operation on public roads in Wis?
    Last edited by Fallschirmjäger; 06-04-2011 at 02:23 PM.

  6. #6
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    There is no private property exemption for the vehicle carry statute. This is because it was originally pitched as a way to stop poaching. Wherever you are, as soon as you enter your vehicle with a loaded and/or uncased gun you are violating the statute.

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    Regular Member usamarshal's Avatar
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    Whats the definition of a motor vehicle in WI? It may not be considered one as you don't need to register a golf cart on private property...in Ohio you can have an ATV thats not registered, but you can not operate the ATV on public roadways unless its registered.

  8. #8
    Regular Member Fallschirmjäger's Avatar
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    Actually... there is an exception....
    "... 167.31(4)(bg)1g. 1g.
    Subsection (2) (b) and (c) does not apply to a landowner, a family member of the landowner, or an employee of the landowner who is using a firearm, bow, or crossbow to shoot wild animals from a farm tractor or an implement of husbandry on the landowner's land that is located in an area designated by the department of natural resources as a chronic wasting disease eradication zone..."

    and
    "... (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..."

    ... but it appears inapplicable in the case cited.
    Last edited by Fallschirmjäger; 06-04-2011 at 03:47 PM.

  9. #9
    Regular Member MKEgal's Avatar
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    why were they arrested??

    cited for having an uncased firearm in a vehicle following their arrest
    So why, exactly, were they arrested in the first place?
    167.31 is at most a $100 ticket.
    It's not a crime, so there's no authority to arrest for it.
    (I can show you a memo from the Chief of the Brookfield PD & a letter from the Waukesha County DA to back that up.)
    Last edited by MKEgal; 06-04-2011 at 07:46 PM.

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    Regular Member GlockRDH's Avatar
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    guess id better be careful when im on the tractor mowing...

  11. #11
    Regular Member LR Yote 312's Avatar
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    I was raised around the farming community...

    Back then it used to be kind of a standard practice to carry either a .22 rifle or .410 or .20ga shotgun and take out any coon or pheasants while corn chopping in the cab....usually just a single shot weapon...or any 'chucks during the haying seasons.

    I do know of several local farmers that have been cited for an uncased gun in/on a motor vehicle recently.

    I also do quite abit of "critter control" for some farmers.
    And Yes.... it IS legal to shoot certain critters in the off season.

    There are certian critieria that need to be met...small game license and a couple other things,but it is possible to coon and other furbearers as a "land owners assistant".

    Coyotes,Skunks,Oppossum are considered "varmints" and have no restrictions (except for coyote in the Northern Parts of the State during the deer season) and can be hunted year round.Only requirement is a small game license..

    Raccoon on the other hand is considered a game animal as well as being a "fur bearer"...
    They can be shot under the land owners assistant clause,but unless you have filed and recieved a special permit from the DNR you can not use or sell the fur from any animal that was harvested out of season,and are also required to dispose of the animal in a sanitary manner.

    My own thought is some Liberal didnt like the idea critters were being shot...so they called the DNR or Sherriff....otherwise who would have known they were using a golf cart.

    Far as the transport law ....I suppose that is one reason I became a long range precision marksman.
    By the time I walked out the critter was gone.
    Load the cased rifle in the Jeep,Drive out...take the rifle out and load up. Critter Gone.

    Shoot it from where ya see it....Dead Critter.

    LR Yote
    Last edited by LR Yote 312; 06-05-2011 at 03:48 PM. Reason: word space
    *NOTE: No Longer under the tyranny of Milwaukee County.


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  12. #12
    Regular Member oak1971's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post



    Are golf carts registered and licensed for operation on public roads in Wis?
    No.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  13. #13
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    This is going to hinge upon the definition of 'vehicle' in Wisconsin's laws. Of course, a moment spent exiting the golf cart and uncasing the rifles would have prevented almost any charges,... right?
    Quote Originally Posted by usamarshal View Post
    Whats the definition of a motor vehicle in WI? It may not be considered one as you don't need to register a golf cart on private property...in Ohio you can have an ATV thats not registered, but you can not operate the ATV on public roadways unless its registered.
    The definition of vehicle does not require it to have a motor. A "vehicle" includes trailers and wagons (even your kid's Radio Flyer). An animal (horse,dog, pig, cow, large opossum, etc) is about the only thing you may ride on with a firearm which is not unloaded and "encased".

    340.01 (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.

  14. #14
    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by oak1971 View Post
    No.
    in some comunities they are being licensed for road use Reedsburg wi where columbia parcar make golf carts people are driving them all over the place wi dells is also thinking about passing it to let people use them on the road
    SCOTT

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    State Researcher lockman's Avatar
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    Although this may be moot in a few months, this would make an excellent legal challenge. Does the motor vehicle restriction extend it's reach to private property where the vehicles do not leave the property?

  16. #16
    Regular Member oak1971's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    in some comunities they are being licensed for road use Reedsburg wi where columbia parcar make golf carts people are driving them all over the place wi dells is also thinking about passing it to let people use them on the road
    Maybe so. However, this was on a golf course at the third hole, not downtown Mayberry.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  17. #17
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by lockman View Post
    Although this may be moot in a few months, this would make an excellent legal challenge. Does the motor vehicle restriction extend it's reach to private property where the vehicles do not leave the property?
    There is no "motor vehicle" restriction. 167.31 prohibits you from having a firearm in or on a "vehicle" (no motor required). There is no blanket exception for private property, not even if your little red wagon is sitting in your living room.

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