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Thread: New from Wisconsin Legislative Council

  1. #1
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    New from Wisconsin Legislative Council

    Carrying and Possessing Firearms in Wisconsin

    http://legis.wisconsin.gov/lc/public.../IM2011_10.pdf

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    Regular Member jpm84092's Avatar
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    Many Thanks Phred - this memo, in addition to the other explanatory memos from the Wisconsin Legislative Counsel, has been very useful to me.
    My cats support the Second Amendment. NRA Life Member, NRA Instructor: Pistol, Rifle, & Personal Protection - NRA Certified Range Safety Officer, Utah BCI Certified Concealed Firearm Permit Instructor.
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    Hmmmm

    Does this clear anything up??

    “Carry” Versus “Possession”
    The majority of the provisions of the bill relate to restrictions on a person’s ability to “carry” a firearm. The bill defines “carrying” a firearm to mean to “go armed with” a firearm. The phrase “go armed with,” as it would relate to a firearm, has been defined by the Wisconsin courts to mean that the firearm was on the individual’s person or was within the individual’s reach and the individual was aware of the presence of the firearm. However, Wisconsin courts generally do not treat having an unloaded and encased firearm within one’s reach as “going armed with” the firearm.3

    3 For instance, in State v. Walls, 190 Wis. 2d 65 (Ct. App. 1994), the Court of Appeals recognized that the placement, possession, or transportation of unloaded and encased firearms in vehicles as permitted by 167.31 (2) (b), Stats., does not constitute going armed with a concealed weapon.
    Last edited by phred; 07-05-2011 at 08:43 PM.

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    Regular Member oak1971's Avatar
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    Good stuff. Thanks.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Opt-Out Members scm54449's Avatar
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    Quote Originally Posted by phred View Post
    Carrying and Possessing Firearms in Wisconsin

    http://legis.wisconsin.gov/lc/public.../IM2011_10.pdf
    Thank you for tracking this down and posting it for the group, Phred. Appreciated!!
    Member of Wisconsin Carry, Inc.
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  6. #6
    Regular Member goforlow's Avatar
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    Good stuff Fred.
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    Regular Member gunguy2009's Avatar
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    Before looking for this link being posted elsewhere, I posted a question in a new thread regarding a couple paragraphs in it... If you could clarify it for me, that would be great! Thanks in advance.

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    There is quite a little 'gotcha' at the very end of that memo:

    Does the bill allow me to place, possess, or transport a loaded, unencased handgun in a vehicle?

    As described above, the bill does allow the placement, possession, and transportation of handguns in a number of different types of vehicles, regardless of whether a person is a licensee. However, if a person is not a licensee, the handgun cannot be concealed in the vehicle and, as noted above, Wisconsin courts have taken a broad view of what constitutes the concealment of a firearm in a vehicle.
    It's just a matter of time before some agency decides to jam someone up for carrying a concealed weapon for OC'ing in a car without a permit.

  9. #9
    Regular Member davegran's Avatar
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    Quote Originally Posted by drewdown View Post
    There is quite a little 'gotcha' at the very end of that memo:

    It's just a matter of time before some agency decides to jam someone up for carrying a concealed weapon for OC'ing in a car without a permit.
    It just reinforces the need to do some more tweaking on the statutes. "Our work is never done...."
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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by drewdown View Post
    There is quite a little 'gotcha' at the very end of that memo:

    Does the bill allow me to place, possess, or transport a loaded, unencased handgun in a vehicle?

    As described above, the bill does allow the placement, possession, and transportation of handguns in a number of different types of vehicles, regardless of whether a person is a licensee. However, if a person is not a licensee, the handgun cannot be concealed in the vehicle and, as noted above, Wisconsin courts have taken a broad view of what constitutes the concealment of a firearm in a vehicle.
    It's just a matter of time before some agency decides to jam someone up for carrying a concealed weapon for OC'ing in a car without a permit.
    Yup, just as we've discussed in another thread recently. Phred and I have asked our legislators to get an AG opinion on the matter. Hopefully they will get us one before the bill goes into full effect.
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