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Thread: Is Wis DNR expanding ACT 51

  1. #1
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    Is Wis DNR expanding ACT 51

    These two questions were taken from the DNR web site I see no secton of act 51 saying you can or can not load or unload a long gun in a stationary vehicle did I miss something or is there some other law that states that.

    On Q14 I see nothing in act 51 stated that when a moving motor vehicle is stopped by a LEO that any long guns that are loaded at the time of the stop.(once the vehicle is stationary a loaded gun is legal.) That it well be considered prima facie evidence that they were loaded before the stop.


    Is the DNR just making this stuff up or did I miss something important. Does any one have more info to clear this up



    Q2: Do firearms still have to be unloaded before they can be placed in or on a motorized vehicle, including ATVs, UTVs, snowmobiles and farm implements?

    A: No. However, if the firearm is a rifle or shotgun, it can only be in or on a vehicle which is stationary. Additionally, it is important to be aware that it remains illegal to actually load any long guns (rifles & shotguns) while the firearm or person loading it is still in or on the vehicle. All long guns must be outside and off a motorized vehicle before a person may load the firearm. Once loaded, the firearm can be set down in or on a stationary vehicle, but must be unloaded before the firearm is transported any distance in the vehicle.


    Q14: If it is not legal to load a firearm while the firearm is in or on a motorized vehicle, but it is legal to place a loaded firearm in or on a stationary vehicle, how will an officer know if it was loaded before or after it was placed in the vehicle?

    A: It may not always be possible to make this determination, however, if an officer observes a vehicle in motion and has cause to stop or contact the occupants before they exit the vehicle, any loaded firearm discovered in the vehicle will be prima facie evidence that the firearm was either illegally transported loaded or it was loaded illegally in the vehicle when it stopped.

  2. #2
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    These two questions were taken from the DNR web site I see no secton of act 51 saying you can or can not load or unload a long gun in a stationary vehicle did I miss something or is there some other law that states that.
    ....
    You should read Act 51 again.

    https://docs.legis.wisconsin.gov/doc...ts/2011/51.pdf

    167.31 (2) (c) Except as provided in sub. (4), no person
    may load a firearm, other than a handgun, as defined
    in s. 175.60 (1) (bm),
    in a vehicle or discharge a firearm
    or shoot a bolt or an arrow from a bow or crossbow in or
    from a vehicle

  3. #3
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    Thanks

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    Regular Member oliverclotheshoff's Avatar
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    doesnt bill 228 ( it hink is the correct bill number say you can have a loaded firearm in and on a vehicle as long as it is stationary (once it is published)
    Last edited by oliverclotheshoff; 11-09-2011 at 07:33 AM.
    SCOTT

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    Quote Originally Posted by oliverclotheshoff View Post
    doesnt bill 228 ( it hink is the correct bill number say you can have a loaded firearm in and on a vehicle as long as it is stationary (once it is published)
    Yes

    Senate Bill 228 will be published on Nov. 18, 2011 as 2011 Wisconsin Act 51.

    167.31 (4) (ag) Subsection (2) (b) 1. does not apply
    to a firearm that is placed or possessed on a vehicle that
    is stationary.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    doesnt bill 228 ( it hink is the correct bill number say you can have a loaded firearm in and on a vehicle as long as it is stationary (once it is published)
    SB228 became Act 51.

    Here it is for you to read...

    https://docs.legis.wisconsin.gov/doc...ts/2011/51.pdf

    You may have a loaded long gun on a stationary vehicle but never in a vehicle. It must be unloaded before you start moving.
    Last edited by Interceptor_Knight; 11-12-2011 at 08:50 PM.

  7. #7
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by wiscollector View Post
    Where can a person find the actual definition of "unloaded"?

    For a rifle, does unloaded mean having a mag in the mag well but no round in the chamber or no mag in period?
    For it to be loaded, a round would be in a magazine attached to the firearm or in the chamber.
    An empty magazine attached to the firearm is not loaded.
    That is why a full magazine is allowed in your case with a firearm.

    167.31 Safe use and transportation of firearms and
    bows.
    (1) DEFINITIONS. In this section:
    (g) “Unloaded” means any of the following:
    1. Having no shell or cartridge in the chamber of a firearm or
    in the magazine attached to a firearm.
    Last edited by Interceptor_Knight; 11-09-2011 at 02:31 PM.

  8. #8
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    WARNING ... The law says "ON" not "IN" a vehicle. So we can not transport a loaded gun IN a car or truck!!! Kind of lills the buzz for me. I was looking forward to a functional gun rack.

  9. #9
    Regular Member Interceptor_Knight's Avatar
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    You can have your loaded magazine within reach of the long gun in the vehicle so I see it as only a minor inconvenience.
    We may now "hunt" from "vehicles" (on not in ) but may not shoot from them. You can sit on your 4-wheeler with a loaded rifle and simply stand up to shoot.

  10. #10
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    These two questions were taken from the DNR web site I see no secton of act 51 saying you can or can not load or unload a long gun in a stationary vehicle did I miss something or is there some other law that states that..
    The DNR messed up. Please go back and edit your post to reflect the changes to the DNR FAQ....

    Corrections: A number of the answers provided below were revised on 11-10-11 to clarify that it remains illegal to place a loaded long gun (rifles, shotguns, and muzzleloaders) inside any vehicle. A loaded long gun may only be placed on the top or exterior of a stationary motor vehicle, or leaned against a stationary motor vehicle.

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