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Thread: encased transport help

  1. #1
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    encased transport help

    Hi to all,Im Rick.New to posting on this forum.But i have found a wealth of info on here,thanks to all.My question is If your gun is cased and unloaded in a vehicle or wherever for that matter.does it have to be in plain sight,would it be considered concealed if it were not.

  2. #2
    Founder's Club Member protias's Avatar
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    You satisfy the requirements of the law. If it is unloaded and encased, you satisfy 167.31. Since it is encased, it is also "out of reach" per 941.23.
    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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    Thank you protias.greatly appreciated

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    Founder's Club Member protias's Avatar
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    You are welcome. See my signature for all the needed info and if you have questions, don't be afraid to ask. One of my goals is to read through Act 35 this weekend.
    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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    Campaign Veteran rcawdor57's Avatar
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    Thumbs up Agree with Protias 100%

    In addition to Protias reference to 167.31 there is this from the Wisconsin State Patrol FAQ under Miscellaneous:

    "What is the legal method of carrying a weapon in my vehicle in Wisconsin?

    With the weapon cased and unloaded. Applies to firearms and bow hunting equipment."

    Link: http://www.dot.wisconsin.gov/statepa...nforcement.htm

    Oh, and Welcome! Hope to see you about!
    Last edited by rcawdor57; 09-03-2011 at 09:54 AM. Reason: Added welcome note!
    “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.”

    —John F. Kennedy

  6. #6
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by rcawdor57 View Post
    In addition to Protias reference to 167.31 there is this from the Wisconsin State Patrol FAQ under Miscellaneous:

    "What is the legal method of carrying a weapon in my vehicle in Wisconsin?

    With the weapon cased and unloaded. Applies to firearms and bow hunting equipment."

    Link: http://www.dot.wisconsin.gov/statepa...nforcement.htm

    Oh, and Welcome! Hope to see you about!
    You'd think State Patrol would know that? I think you know where I'm headed with this.
    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)

  7. #7
    Regular Member MKEgal's Avatar
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    Welcome.

    You've probably already found & read at least some of the thread that's stickied in the WI forum titled "New to open carrying in WI? What you should know"
    If you haven't found Act 35 already, I have a link in my sig to a PDF, & a couple FAQs.

    And while I agree with protias' interpretation that an encased firearm is out of reach, I don't know that a cop would. There's what the law says in plain English, there's what the cops do on the street, there's what the lawyers argue in court, & there's what judges decide.

    As for your original question about the case having to be in plain sight, no law requires that, but a WI appeals court decided the concealed weapons law requires as its elements that:
    a) there was a 'weapon' on your person or within reach
    b) you knew it was there
    c) it was hidden
    (See the very bottom of the left-hand colum on pg. 3 here: http://legis.wisconsin.gov/statutes/Stat0941.pdf)

    Some cops will try to claim that since it's "hidden" in a case that means it's concealed if it's within reach. (Not saying I agree, just pointing out what has happened... in fact, it was one charge discussed in the Brookfield incident.)

    But putting it under the seat, or under a jacket on the back seat, would give more weight to their claim that it was concealed. (Unless you can only get to the back seat by getting out & flipping your seat forward. Then I think it'd be treated like the trunk, but I'm neither a cop nor a lawyer, nor do I play one on TV.)

    In fact, look at the top of the right-hand column on that same page, State v. Walls. He was convicted for 'concealing' for having a pistol on the passenger seat with nothing over it but air, because the cop couldn't see the pistol from outside the car.
    (But if it had been drugs instead of a pistol they would have claimed it was in plain sight, so they could seize it.)

    There is a request in to the AG to clarify the interaction between the new transport law (saying OC of a pistol in a car is OK) & the Walls ruling (saying that unless it can be seen from outside the car it's concealed).
    Last edited by MKEgal; 09-03-2011 at 11:47 AM.
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