oliverclotheshoff
Regular Member
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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leaning firearms against vehicles
- Thread starter oliverclotheshoff
- Start date
McNutty
Regular Member
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.
an unloaded firearm against a vehicle.
AaronS
Regular Member
McNutty with all 29 posts, and a great responce. Man, some of our new members rock!
Welcome to the forum. Nice to have ya.
Shorin21
Regular Member
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.....
Interceptor_Knight
Regular Member
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.
oliverclotheshoff
Regular Member
thanks all i knew i read the cite somewhere but wasnt able to remebe where and the search wasnt helping either
Shorin21
Regular Member
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
Interceptor_Knight
Regular Member
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.
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paul@paul-fisher.com
Regular Member
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 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.
AaronS
Regular Member
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.
Flipper
Campaign Veteran
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?
Interceptor_Knight
Regular Member
The instructors around here are teaching that leaning an unloaded firearm against your vehicle is legal.
Motofixxer
Regular Member
I believe that all originated from the no uncased firearms in\on vehicles. But that all changes now.
Shorin21
Regular Member
i read both statues and get it only applies to hand guns long guns still need to be encased
Shorin21
Regular Member
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.......
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.......
Fallschirjmäger
Active member
"...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?
Shorin21
Regular Member
Makes sense im still not gonna chance it
E6chevron
Regular Member
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
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Interceptor_Knight
Regular Member
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.