Vehicle definition is now even more confusing

Just received a PDF file of the official 2011 deer hunting regulations from the DNR. These firearm regulations are in the regulations.
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Definitions

Vehicle: includes any device, motorized or not, in, upon, or by which any person or
property is or may be transported or towed upon a highway or other roadway

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Arms Transportation
• All firearms must be unloaded and completely enclosed within carrying cases
designed to carry a firearm when in or on any vehicle, whether moving or stationary.
A holster is not a legal carrying case for a handgun in a vehicle unless it completely
encloses the handgun. All firearms must be unloaded when in or on any motor driven
boat while the motor is running.
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• possess any firearm from 12:00 midnight–11:59 p.m. on November 18, 2011 unless
the firearm is unloaded and enclosed within a carrying case. Exceptions: target
shooting at established target ranges, target shooting on private lands by landowners
and immediate family members who live with them, waterfowl hunting during open
season, hunting game birds on licensed bird hunting preserves, and hunting turkeys
and small game in CWD Management Zone units.
N ote: An established target range means an existing location that is set up for target
shooting with firearms as its major purpose

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• You may not possess a concealed handgun.
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2. Discharge a firearm, shoot an arrow from a bow, or a bolt from a crossbow:
a. from or across a highway, or
b. within 50 feet of the roadway’s center.
The above prohibition applies to all public roads (defined above). Certain exceptions
are allowed for Class A and B Disabled Permit holders. Call the DNR Call Center (see
page 55) for an explanation of these exceptions
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Most concerning is the difference in the definition of vehicle between the DNR regulations and those contained in SB93:

Vehicle in SB93 is defined as such:

340.01(35)
(35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.
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Is it implied that the vehicle carry of loaded uncased handguns is only allowed on motorized vehicle and ATV's?


I have not received a response from the DNR as to whether or not the regulations will be changed after governor signage of SB93.

one word preemption

A wheelborrow and a garden cart would be "vehicles" since they can be used to transport property down a roadway.

I find the boat thing interesting as well and I suspect a few anglers are going to get citations while boating and fishing.

I'm now also wondering if the Coast Guard will offer an opinion on the CCW legislation relating to boaters in Lake Michigan and Lake Superior since those are waters with international borders.

I'm going to wait until Gov. Walker signs it and then read the final version. And as to the DNR, I suspect the DNR is already having discussions with their legal staff.

Also, that after midnight period in November is another grey area as to if the DNR is within their authority to enforce that against non-hunters and against hunters not actively at a hunting site.

A small correction:
The word used was "may" not "can".
The difference? I Can kill you; I've got a gun, ammunition, the proper skillset and the willingness to do so. However, I'm pretty sure I don't have your permission, or the state's, to do so. I am not permitted to do so which probably makes us both happy with the cost of ammo these days. (And please don't take offense at a rather extreme example )

You can drive an unlicensed car on the road, but you do not have permission to do so.
You can put a rowboat on the road and push it along with the oars, since the law doesn't even require wheels, but the state does not permit such activity.

May and Can confusion?

Preemption statute 66.0409 only applies to political subdivisions of the state i.e. city, county, village, town. The DNR is a state agency.

Captain Nemo said:

I have not received a response from the DNR as to whether or not the regulations will be changed after governor signage of SB93.

Click to expand...

I suspect these rules will change. The Big Game regulations needed to come out by now so people would know seasons, DMU, license info, etc. They have issued changes in past years from what was printed originally.

phred said:

I suspect these rules will change. The Big Game regulations needed to come out by now so people would know seasons, DMU, license info, etc. They have issued changes in past years from what was printed originally.

Click to expand...

you would think that after the Gov Signs SB93 and becomes STATE LAW the Jack Booted DNR WILL HAVE NO CHOICE as Carrying a loaded pistol in a holster IN A VEHICLE will be LEGAL YEAR ROUND.

Glock34 said:

you would think that after the Gov Signs SB93 and becomes STATE LAW the Jack Booted DNR WILL HAVE NO CHOICE as Carrying a loaded pistol in a holster IN A VEHICLE will be LEGAL YEAR ROUND.

Click to expand...

Yeah buddy...

View attachment 6217

I received this reply from the DNR.

Thanks for writing. The 2011 deer regulations do not currently include updated language reflecting the changes in SB93 because it is not currently law. After the Governor signs SB93 into law and the law goes into effect, then the electronic version of the regulations, available on the DNR website, will be updated to reflect the new law or some similar communication about how the changes will affect hunters will be offered; this could include press releases, frequently asked question updates on the DNR website, or other similar means of communication. Considering the high profile nature of this bill, the DNR will make every effort to communicate the changes that will result with the new law, and how those changes affect hunting and public property users. The regulation booklets will not be reprinted when this change is official because of the large number of copies of the deer regulations that are printed each year and the costs associated with printing that number of booklets. Currently, we do not know when the law will go into effect, but it could be as late as October or November. We were unable to delay the printing of the booklets for the Governor's signature because there were multiple deadlines that had to be met to ensure that the printed regulations were purchased in the correct fiscal year and also available for planning September bow hunts.

Meaghan E. Proctor
Rules and Regulations Assistant
Bureau of Wildlife Management
Wisconsin Department of Natural Resources
(() phone: (608) 266-2194
(+) e-mail: Meaghan.Proctor@wisconsin.gov

Captain Nemo said:

I received this reply from the DNR.

Thanks for writing. The 2011 deer regulations do not currently include updated language reflecting the changes in SB93 because it is not currently law. After the Governor signs SB93 into law and the law goes into effect, then the electronic version of the regulations, available on the DNR website, will be updated to reflect the new law or some similar communication about how the changes will affect hunters will be offered; this could include press releases, frequently asked question updates on the DNR website, or other similar means of communication. Considering the high profile nature of this bill, the DNR will make every effort to communicate the changes that will result with the new law, and how those changes affect hunting and public property users. The regulation booklets will not be reprinted when this change is official because of the large number of copies of the deer regulations that are printed each year and the costs associated with printing that number of booklets. Currently, we do not know when the law will go into effect, but it could be as late as October or November. We were unable to delay the printing of the booklets for the Governor's signature because there were multiple deadlines that had to be met to ensure that the printed regulations were purchased in the correct fiscal year and also available for planning September bow hunts.

Meaghan E. Proctor
Rules and Regulations Assistant
Bureau of Wildlife Management
Wisconsin Department of Natural Resources
(() phone: (608) 266-2194
(+) e-mail: Meaghan.Proctor@wisconsin.gov

Click to expand...

I am glad to see that their response to agrees with what I posted. Heaven forbid that I blaspheme the DNR. :banghead:

Captain Nemo said:

Just received a PDF file of the official 2011 deer hunting regulations from the DNR. These firearm regulations are in the regulations..

Click to expand...

There is neither anything truly "official" about nor does the paper rule book contain any actual regulations. By its own proclamation, it is simply a summary. The definition of "vehicle" takes the Statute and puts it in plain language. There is no special DNR definition.

Taken from the front page of the paper booklet.....

This pamphlet gives you a summary of Wisconsin’s important deer
hunting laws and how they affect you; it is not a complete set of all
the hunting related laws.

Click to expand...

Captain Nemo said:

I have not received a response from the DNR as to whether or not the regulations will be changed after governor signage of SB93.

Click to expand...

phred said:

I suspect these rules will change. The Big Game regulations needed to come out by now so people would know seasons, DMU, license info, etc. They have issued changes in past years from what was printed originally.

Click to expand...

Glock34 said:

you would think that after the Gov Signs SB93 and becomes STATE LAW the Jack Booted DNR WILL HAVE NO CHOICE as Carrying a loaded pistol in a holster IN A VEHICLE will be LEGAL YEAR ROUND.

Click to expand...

There are no regulations for the DNR to change. The DNR has nothing to do with the change of Statutes. The DNR has no rules/reglations, etc regarding the carry of firearms in or on a vehicle. The DNR has no choice but to enforce current Statutes. Any citations would be thrown out of court as no "law" would have been violated. I don't expect there to be any issues.
Future publications of the little paper pamphlets will reflect the changes to WI Statute made by SB93 and they may or may not edit the 2011 versions available on line. I would not expect them to print new 2011 versions which reflect the pending changes.

Captain Nemo said:

• possess any firearm from 12:00 midnight–11:59 p.m. on November 18, 2011 unless
the firearm is unloaded and enclosed within a carrying case. Exceptions: target
shooting at established target ranges, target shooting on private lands by landowners
and immediate family members who live with them, waterfowl hunting during open
season, hunting game birds on licensed bird hunting preserves, and hunting turkeys
and small game in CWD Management Zone units.
N ote: An established target range means an existing location that is set up for target
shooting with firearms as its major purpose
.

Click to expand...

As i pointed out previously, there is an error here as the Statute does not require for the family member to live with the land owner for the exception. I have already contacted the DNR and expect a response today or tomorrow regarding that typo.