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Thread: leaning firearms against vehicles

  1. #1
    Regular Member oliverclotheshoff's Avatar
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    leaning firearms against vehicles

    i know it was just mentioned but someone cited that it is ok to do so i cant find it can someone point out where it was or whomever posted it pm me the cite?????
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    Regular Member McNutty's Avatar
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    Probably referring to Wis. Stat. sec. 167.31(4)(d) - Subsection (2) (b) does not prohibit a person from leaning
    an unloaded firearm against a vehicle.

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    Regular Member AaronS's Avatar
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    Quote Originally Posted by McNutty View Post
    Probably referring to Wis. Stat. sec. 167.31(4)(d) - Subsection (2) (b) does not prohibit a person from leaning
    an unloaded firearm against a vehicle.
    McNutty with all 29 posts, and a great responce. Man, some of our new members rock!

    Welcome to the forum. Nice to have ya.

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    Quote Originally Posted by oliverclotheshoff View Post
    i know it was just mentioned but someone cited that it is ok to do so i cant find it can someone point out where it was or whomever posted it pm me the cite?????
    you cannot have an ucased gun touching any part of your vehicle wether loaded or unloaded. the number #1 dnr violation every year is guns leaning on cars and people casing and uncasing guns while the case is in the car.....

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Shorin21 View Post
    you cannot have an ucased gun touching any part of your vehicle wether loaded or unloaded. the number #1 dnr violation every year is guns leaning on cars and people casing and uncasing guns while the case is in the car.....
    This is simply not true. It is 100% legal to lean an unloaded firearm against a vehicle. The Statute allowing it was quoted for your benefit above. DNR Wardens are very aware of this and are not citing for it any more.

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    Regular Member oliverclotheshoff's Avatar
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    thanks all i knew i read the cite somewhere but wasnt able to remebe where and the search wasnt helping either
    SCOTT

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    Quote Originally Posted by Interceptor_Knight View Post
    This is simply not true. It is 100% legal to lean an unloaded firearm against a vehicle. The Statute allowing it was quoted for your benefit above. DNR Wardens are very aware of this and are not citing for it any more.
    you sir a 100% incorrect..with the regulations regarding fire arms transportation right it front of me it states: ALL FIREARMS MUST BE UNLOADED AND COMPLETELY ENCLOSED WITHIN CARRYING CASES DESIGNED TO CARRY A FIREARM WHIN IN OR ON A VEHICLE, WETHER EMOVING OR STATIONARY! SO YOU ARE INCORRECT TO HAVE IT LEANING AGAINST YOUR CAR IT MUST BE ENCASESD! SEE THE 2011 DEER HUNTING REGULATIONS ON PAGE 20! THANKS

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Shorin21 View Post
    you sir a 100% incorrect..with the regulations regarding fire arms transportation right it front of me it states: ALL FIREARMS MUST BE UNLOADED AND COMPLETELY ENCLOSED WITHIN CARRYING CASES DESIGNED TO CARRY A FIREARM WHIN IN OR ON A VEHICLE, WETHER EMOVING OR STATIONARY! SO YOU ARE INCORRECT TO HAVE IT LEANING AGAINST YOUR CAR IT MUST BE ENCASESD! SEE THE 2011 DEER HUNTING REGULATIONS ON PAGE 20! THANKS
    What you have there in your hand is a glorified FAQ and not a set of Statutes. It has no legal authority. Go ahead and look at the cover at the bottom. It clearly states that it is not a set of Statutes
    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.
    Do yourself a favor and go to the actual Statutes. The Statute in question is 167.31(4)(d). Which was already quoted for your benefit in this thread. It clearly states that it does not prohibit leaning an unloaded firearm against a vehicle.
    Last edited by Interceptor_Knight; 10-29-2011 at 02:45 PM.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Shorin21 View Post
    you sir a 100% incorrect..with the regulations regarding fire arms transportation right it front of me it states: ALL FIREARMS MUST BE UNLOADED AND COMPLETELY ENCLOSED WITHIN CARRYING CASES DESIGNED TO CARRY A FIREARM WHIN IN OR ON A VEHICLE, WETHER EMOVING OR STATIONARY! SO YOU ARE INCORRECT TO HAVE IT LEANING AGAINST YOUR CAR IT MUST BE ENCASESD! SEE THE 2011 DEER HUNTING REGULATIONS ON PAGE 20! THANKS
    Please read the law:

    http://docs.legis.wi.gov/document/statutes/167.31(2)(b)

    is the part you quote. Next,

    http://docs.legis.wi.gov/document/statutes/167.31(4)(d)


    gives an exception, leaning an unloaded firearm against a vehicle.

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    Regular Member Zeus's Avatar
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    I don't know how people can argue with someone who not only quotes the statute but shows the exact one that can be looked up at the click of a mouse. Good info Interceptor. I hope the poster with the incorrect info has the intestinal fortitude to acknowledge the mistake and quit misleading people who may not know. Also a spell check wouldn't kill a few folks on here now and then. Sometimes, utterly painful to read.
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    Regular Member AaronS's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    What you have there in your hand is a glorified FAQ and not a set of Statutes. It has no legal authority. Go ahead and look at the cover at the bottom. It clearly states that it is not a set of Statutes

    Do yourself a favor and go to the actual Statutes. The Statute in question is 167.31(4)(d). Which was already quoted for your benefit in this thread. It clearly states that it does not prohibit leaning an unloaded firearm against a vehicle.
    It sure is a bummer to see members give out bad info due to not reading state law...

    The Knight and Paul are correct. Again.

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    Campaign Veteran Flipper's Avatar
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    There are tens of thousands of hunters that believe that a warden can cite them for leaning a gun against their vehicle. Does anyone know what is currently taught in hunter safety classes?
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

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  13. #13
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Flipper View Post
    There are tens of thousands of hunters that believe that a warden can cite them for leaning a gun against their vehicle. Does anyone know what is currently taught in hunter safety classes?
    The instructors around here are teaching that leaning an unloaded firearm against your vehicle is legal.

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    Regular Member Motofixxer's Avatar
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    I believe that all originated from the no uncased firearms in\on vehicles. But that all changes now.
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Please read the law:

    http://docs.legis.wi.gov/document/statutes/167.31(2)(b)

    is the part you quote. Next,

    http://docs.legis.wi.gov/document/statutes/167.31(4)(d)


    gives an exception, leaning an unloaded firearm against a vehicle.
    i read both statues and get it only applies to hand guns long guns still need to be encased

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    My point was

    if the dnr are inforcing this law as you cannot it needs to be changed....several of my friends have beend sited for this exact violation. If its allowed why would it say you cant......that doesnt amke sense to me..im not trying to cause a fight but you have different people saying different things and the hunting "rule book" says you cant....so and all i can find in the statues that paul listed is it has to do with pistols only. the new law doesnt change anything with long guns.......

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Shorin21 View Post
    i read both statues and get it only applies to hand guns long guns still need to be encased
    "...7.31(2)(b) (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 a handgun, as defined in s. 175.60 (1) (bm), unless the firearm is unloaded and encased, or unless the bow or crossbow is unstrung or is enclosed in a carrying case..."
    Had the legislature meant it only applied to handguns, then they would have written it thus "... unless the firearm is a handgun as defined in s. 175.60(1)(bm) and unloaded and encased, or unless..."

    The fact that there is a comma, coupled with the use of both descriptions "handgun" and "firearm," indicates that there is a recognized difference between the two. Any other interpretation would mean that the only way to carry a handgun was unloaded and encased.

    "...167.31(4)(d) (d) Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle..."
    Is there even debate about the meaning of this sub-section?

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    Quote Originally Posted by Fallschirmjäger View Post
    "...7.31(2)(b) (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 a handgun, as defined in s. 175.60 (1) (bm), unless the firearm is unloaded and encased, or unless the bow or crossbow is unstrung or is enclosed in a carrying case..."
    Had the legislature meant it only applied to handguns, then they would have written it thus "... unless the firearm is a handgun as defined in s. 175.60(1)(bm) and unloaded and encased, or unless..."

    The fact that there is a comma, coupled with the use of both descriptions "handgun" and "firearm," indicates that there is a recognized difference between the two. Any other interpretation would mean that the only way to carry a handgun was unloaded and encased.

    "...167.31(4)(d) (d) Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle..."
    Is there even debate about the meaning of this sub-section?
    Makes sense im still not gonna chance it

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    Quote Originally Posted by Shorin21 View Post
    Makes sense im still not gonna chance it
    I thought trolls lived under a bridge?

    ----------------------------

    167.31(4)(d) has been unchanged since the statute was originally established in 1985 by:

    http://legis.wisconsin.gov/acts89-93/85Act36.pdf
    Last edited by E6chevron; 10-30-2011 at 04:08 AM.
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Shorin21 View Post
    if the dnr are enforcing this law as you cannot it needs to be changed....several of my friends have beend sited for this exact violation. .....the new law doesnt change anything with long guns.......
    You are correct that Act 35 changed nothing for long guns.
    The exception for unloaded and "leaning against" a vehicle has been in place for years. I am willing to bet that your friends had their long guns on the vehicle or they were loaded if they truly did get cited for a 167 violation. If this is not the case and they were cited for unloaded and leaning they likely paid the fine without objecting in court and they were unfortunate victims of their own ignorance regarding the law. I can believe that a warden could mistakenly cite for a violation but a judge would set them straight and throw it out of court.

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    Quote Originally Posted by Interceptor_Knight View Post
    You are correct that Act 35 changed nothing for long guns.
    The exception for unloaded and "leaning against" a vehicle has been in place for years. I am willing to bet that your friends had their long guns on the vehicle or they were loaded if they truly did get cited for a 167 violation. If this is not the case and they were cited for unloaded and leaning they likely paid the fine without objecting in court and they were unfortunate victims of their own ignorance regarding the law. I can believe that a warden could mistakenly cite for a violation but a judge would set them straight and throw it out of court.
    they did go to court and it didnt get thrown out.....thats why im confused and i guess after reading the statutes it does make sense......there is just so much to read and different ways to understand it. one person says this the next person says that the judges and lawyers say this...just to confusing...thanks for the info sir

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    The DNR booklet say "IN or ON", bolded no less. It doesn't say against. Just say'n

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by stevepk View Post
    The DNR booklet say "IN or ON", bolded no less. It doesn't say against. Just say'n
    The DNR pamphlet is a set of general guidelines. The pamphlet is not a set of laws. The pamphlet has zero authority.
    The Statute is 167.31. The Statute generally prohibits in or on any vehicle. On includes leaning against and has held up in court scores of times.
    The Statute had to be modified in order to allow an unloaded firearm to be set against a vehicle.

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    Campaign Veteran Flipper's Avatar
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    This is the same DNR that says turn over your firearms without question. The seat warming DNR headquarters guy that was in charge of hunters ed who said this is how it has to be is still there and got a promotion under Walker. Another example of those that worked under Doyle still calling the shots (no pun) regarding firearms. When they are in the DOJ and DNR, that IS something to be concerned about.
    Last edited by Flipper; 10-30-2011 at 03:50 PM.
    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

    "Everything that we see is a shadow cast by that which we do not see." - Martin Luther King Jr.

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    I understand that laying my loaded deer rifle in the dry bed of my pickup while I eat my lunch is illegal. But laying it in the snow next to the truck is all good. Safety or stupidity?

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