fireftr27
Campaign Veteran
Hello, If I leave my gun in the car can it still be loaded? I have a gun vault it would be in.
This would be with the license.
THANKS
This would be with the license.
THANKS
I.K., just curious.. If a loaded handgun was locked in a vehicle and someone entered the vehicle not knowing about the handgun, and the owner left the vhicle with the passenger still in it, and somehow LEO discovered the handgun, wouold the owner get charged or jsut the person in the vehicle..?????? Or maybe both...???
I.K., just curious.. If a loaded handgun was locked in a vehicle and someone entered the vehicle not knowing about the handgun, and the owner left the vhicle with the passenger still in it, and somehow LEO discovered the handgun, wouold the owner get charged or jsut the person in the vehicle..?????? Or maybe both...???
Outdoorsman1
I applied for my CCW but have not received it yet. So that means that I cannot have a loaded uncased handgun for instance on my passenger seat. I have to have my license in order for that to be valid correct?
The "in or on" part is key here. A handgun can be "in" the vehicle. A glovebox is "in" a vehicle, same with the center counsel, same with under the seat, same with in the trunk. .
167.31 Safe use and transportation of firearms and bows.
(2) (b) (intro.) 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 one of the following
applies:
1. The firearm is unloaded or is a handgun
(2) (c) Except as provided in sub. (4), no person
may load a firearm, other than a handgun in a vehicle or discharge a firearm
or shoot a bolt or an arrow from a bow or crossbow in or
from a vehicle
(4) (ag) Subsection (2) (b) 1. does not apply
to a firearm that is placed or possessed on a vehicle that
is stationary.
You already know my opinion on 941.23.
All I am going to add here is that 167.31 does not grant you permission to do anything. It does not make anything legal. It does not authorize you to do anything. What it does is prohibit very specific actions. With the changes effective one week from today and speaking of cars/trucks, it prohibits you from placing/having a loaded long gun in a vehicle whatsoever and on a moving vehicle. That is all it does. It does not authorize you to place a handgun IN a vehicle whether that be on the dash, under the seat, in the glovebox, etc. It simply does not prohibit you from doing so.
As of November 19th 2011...
I also agree that this law needs to be clarified as there is too much confusion what is legal and what is not.
I assume you are referring to 941.23. You are looking for clarification of what is considered "hidden" for the purposes of determining if it is concealed or not?
This has zero to do with 167.31 as it has been cleaned up considerably and only prohibits 2 things in regards to firearms and cars/trucks. 1 being a loaded long gun in a vehicle and the other being a loaded long gun on a vehicle if the vehicle is in motion.
Like I said earlier, some say having a loaded firearm on your hip/glove box/console/etc in the vehicle is concealed. I am not of that opinion.
I applied for my CCW but have not received it yet. So that means that I cannot have a loaded uncased handgun for instance on my passenger seat. I have to have my license in order for that to be valid correct?
Incorrect. You may have the firearm loaded in the vehicle. Some are of the opinion it must be seen (so on the dash), but I am of the opinion you may have a loaded firearm anywhere inside the vehicle.
(1) the weapon was a semi-automatic handgun located inside an automobile and within Walls' reach; (2) he was aware of the presence of the weapon; and (3) the weapon was concealed, or hidden from ordinary view, meaning it was indiscernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.
Upon inspecting the vehicle, the officers spotted an Intratec 9-mm semi-automatic handgun lying on the front seat. The handgun was approximately thirteen inches long from the tip of the barrel to the handgrip, and had a blackened, gun-metal finish. The automobile front seat was red in color. After they found the handgun, the police arrested Walls for carrying a concealed weapon.
The court determined that regardless of whether the police could see the black handgun lying on the red front seat upon inspecting the vehicle, the handgun was concealed to "ordinary observation" as the automobile traveled down the street prior to being stopped. Thus, a person "approaching" the vehicle, or "passing" it "on the streets or highways" could not see the handgun. Thus, the trial court found Walls guilty because the handgun was concealed and violative of § 941.23, STATS.
While the police officers did observe the gun lying on the front seat after they handcuffed Walls, this was upon the "inspection" and "examination" of the automobile pursuant to the stop and thus, cannot be considered "ordinary observation."