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Thread: Open carry driving a riding lawnmower

  1. #1
    Regular Member Da Po-lock's Avatar
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    Open carry driving a riding lawnmower

    Without ever giving this a thought I carry up north at our cabin when I cut the grass.
    Does anyone know if it is legal ?
    I'm thinking its o.k.


    ..............Preplexed Po-lock
    Last edited by Da Po-lock; 07-03-2011 at 06:42 PM.
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  2. #2
    Regular Member jeff niles's Avatar
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    Smile oc cutting lawn

    If your on your own property right now yes you can ,also cc on your own property any time i do both.

  3. #3
    Regular Member Interceptor_Knight's Avatar
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    No, you may not do either. A lawnmower is a "vehicle" and there is no exception for "your own property" in 167.31. You may NOT Conceal Carry on your own property. There is not even an exception in the Statute for your home but Case Law court comments have stated that in your own home and in your place of business your interests are the greatest and they are greater than the State's.
    Both of these issues have been discussed at length several times.
    Last edited by Interceptor_Knight; 07-03-2011 at 08:48 PM.

  4. #4
    Campaign Veteran rcawdor57's Avatar
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    Unhappy I Can't Remember Who Told Me...But They Got A Ticket For Riding Their Lawnmower....

    while open carrying last year. Dang if I can remember who told me that.

    I have to agree with I.K. Basically anything with wheels that can be drawn upon a road/highway/whatever is a vehicle and as of now we cannot carry on a "vehicle". There IS an exception IIRC for farmers on tractors in those areas of Wisconsin that have CWD in deer but I may be mistaken. It has been a while since I read through the DNR Gestapo handbook.

    Now if you were riding your horse open carrying that is legal.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

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  5. #5
    Regular Member GlockRDH's Avatar
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    Im under the impression that 'vehicle' has to do with 'that which can legally be operated/used on the street/road'....i garden tractor cant 'legally' be used on the roads...

  6. #6
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by GlockRDH View Post
    Im under the impression that 'vehicle' has to do with 'that which can legally be operated/used on the street/road'....i garden tractor cant 'legally' be used on the roads...
    There have been several incidences in different states where people were arrested for DUI while driving a lawnmower/barstool. The police consider it to be a vehicle if it is on the road. Here's one of those stories.

    http://www.msnbc.msn.com/id/29971638...ing-bar-stool/
    "When seconds count between living or dying, the police are only minutes away."

  7. #7
    Regular Member JerryD's Avatar
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    I will gladly be the test case on this!
    I had to change my signature because you know who got upset about it.

  8. #8
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by GlockRDH View Post
    Im under the impression that 'vehicle' has to do with 'that which can legally be operated/used on the street/road'....i garden tractor cant 'legally' be used on the roads...
    We have posted the definition of "vehicle" literally dozens of times.... it is getting kind of silly because people refuse to look up the Statute even though it is provided over and over.... The definition of vehicle has ZERO to do with legally operated.

    167.31 Safe use and transportation of firearms and
    bows. (1) DEFINITIONS. In this section:
    (h) “Vehicle” has the meaning given in s. 340.01 (74)
    (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
    ROADWAYS.
    (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.
    Vehicle includes your kid's Hot Wheels and Radio Flyer wagon... It is nearly anything with wheels..
    Last edited by Interceptor_Knight; 07-04-2011 at 12:49 AM.

  9. #9
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by JerryD View Post
    I will gladly be the test case on this!
    Why would you knowingly violate the letter of the law to prove a point when SB93 just passed?

  10. #10
    Regular Member Jesse's Avatar
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    What if I drive a railroad train as my daily driver on the road? OR convert one into a mower??

  11. #11
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by Jesse View Post
    What if I drive a railroad train as my daily driver on the road? OR convert one into a mower??
    What?!? I'd love to see your plans for a lawnmower train...lol
    "When seconds count between living or dying, the police are only minutes away."

  12. #12
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Jesse View Post
    What if I drive a railroad train as my daily driver on the road? OR convert one into a mower??
    It would no longer be a "railroad" train, now would it.......

  13. #13
    Regular Member wild boar's Avatar
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    Trains may be exempt...

    ...DO TO THE FACT THE RAILROAD IS ALL PRIVATE PROPERTY??? boar out.
    The purpose of fighting is to win,
    there is no victory in defense.
    The sword is more important than the shield,
    and skill is more important than either.
    The final weapon is the brain,
    all else is supplemental.

  14. #14
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by wild boar View Post
    ...DO TO THE FACT THE RAILROAD IS ALL PRIVATE PROPERTY??? .
    Old precedent which was never changed....

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    This will change when SB93 becomes law and starts on Nov. 1st. Even without permit, SB93 will allow CC on all of your property (covers mowing your own lawn), and SB93 says open carry in a vehicle will be legal (covers driving down the road to cut your neighbor's lawn).
    Last edited by safcrkr; 07-04-2011 at 04:13 PM.

  16. #16
    Regular Member GlockRDH's Avatar
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    yes, i know its 'silly'...BUT if you choose to look at the wording it becomes more cloudy..
    'is or MAY be transported' ...whats the definition of 'MAY'...does it me 'allowed' as in its met all the legal licensing requirements....or does it mean that it 'can' as in 'potentially be used as such'... Im sure thats just 'silly' to as such a question, isnt it?...duh.

  17. #17
    Regular Member littlewolf's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    No, you may not do either. A lawnmower is a "vehicle" and there is no exception for "your own property" in 167.31. You may NOT Conceal Carry on your own property. There is not even an exception in the Statute for your home but Case Law court comments have stated that in your own home and in your place of business your interests are the greatest and they are greater than the State's.
    Both of these issues have been discussed at length several times.
    340.01(16) Farm tractor definition includes mowing machines ! thus a impliment of husbandry ...
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

  18. #18
    Regular Member davegran's Avatar
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    Quote Originally Posted by littlewolf View Post
    340.01(16) Farm tractor definition includes mowing machines ! thus a impliment of husbandry ...
    (16) “Farm tractor” means a motor vehicle designed and used
    primarily as a farm implement for drawing plows, mowing
    machines and other implements of husbandry.
    A garden tractor or lawn tractor doesn't draw(pull) a mowing machine, it IS a mowing machine.
    Dave
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  19. #19
    Regular Member GlockRDH's Avatar
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    Quote Originally Posted by davegran View Post
    A garden tractor or lawn tractor doesn't draw(pull) a mowing machine, it IS a mowing machine.


    my large frame Simplicity and Allis Chalmers garden tractors can and do draw a rear mounted mower, 1 bottom plow, front-mid- OR rear scraper blades...and ocasionally a 4' sickle mower...not much different than i can do with my Allis WD45...

  20. #20
    Regular Member davegran's Avatar
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    Quote Originally Posted by GlockRDH View Post
    my large frame Simplicity and Allis Chalmers garden tractors can and do draw a rear mounted mower, 1 bottom plow, front-mid- OR rear scraper blades...and ocasionally a 4' sickle mower...not much different than i can do with my Allis WD45...
    Granted, but the subject of this thread is, "Open Carry Driving a Riding Lawnmower"; do your Simplicity and your Allis qualify?
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

  21. #21
    Regular Member GlockRDH's Avatar
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    sometimes they are used as mowers...when a deck is underneath or behind it...the its a mower that you can ride...

  22. #22
    Regular Member littlewolf's Avatar
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    The US Government handed out subsidies to farmers up to 50k , CUTTING YOUR LAWN qualified as FARMING so the Lawn Tractor (proper definition ) is qualified as a impliment of husbandry.
    Any **** house lawer could prove this !
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

  23. #23
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by littlewolf View Post
    The US Government handed out subsidies to farmers up to 50k , CUTTING YOUR LAWN qualified as FARMING so the Lawn Tractor (proper definition ) is qualified as a impliment of husbandry.
    Any **** house lawer could prove this !
    If you will notice, that exception expired on June 30th 2010. It is a moot point.
    Let's assume for just one moment that it did not yet expire (which it has). Unless you were in a rural area where it was legal to discharge a firearm, you still would not have been able to take advantage of the exception. It was an exception for shooting animals, not a general carry exception. If you may not shoot animals, you may not even carry.

  24. #24
    Regular Member littlewolf's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    If you will notice, that exception expired on June 30th 2010. It is a moot point.
    Let's assume for just one moment that it did not yet expire (which it has). Unless you were in a rural area where it was legal to discharge a firearm, you still would not have been able to take advantage of the exception. It was an exception for shooting animals, not a general carry exception. If you may not shoot animals, you may not even carry.
    Well I'm zoned AG so I'm good !
    Gotta keep the kritters under control ya know...
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

  25. #25
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by littlewolf View Post
    Well I'm zoned AG so I'm good !
    Gotta keep the kritters under control ya know...
    Let me put this another way. Today's date is July 5th 2011 which is after June 30, 2010 when the exception expired. This means that you are not good to go as there is no exception which you may take avantage of.

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