Safer To Encase It Than Not When Traveling In Or Through A "GFSZ"....
ACT 51 became law on November 19, 2011. As of that date there is no longer any state statute requiring firearms be encased when in or on a vehicle. Does that mean that whereas there is no state law to defend encasement against concealment, placing a firerm in a "case' does in fact technically conceal it? The firearm is most certainly "hidden from normal view". There is no longer a statute to defend it's encasement. Does that mean that encasing a firearm for transport in a motor vehicle is in and of itself a violation if a person does not have a CCL?
The lawyer wannabees can have fun with this one.
There still is a statute that requires firearms to be encased. It just changed "where" it is required. From the DNR website:
http://dnr.wi.gov/org/es/enforcement/act51_faq.htm
Q10: Are there any situations or locations where a person is still required to have their firearm unloaded and enclosed within a case?
A: Yes. With some exceptions, firearms possessed within 1,000 ft of a school grounds (K-12) must be unloaded and either cased or locked in a firearm rack on a motor vehicle. Also with some exceptions, firearms possessed or being transported in a state park, state fish hatchery and state wildlife refuge must be unloaded and cased. Therefore, visitors to a state park will need to be sure to have their firearms unloaded and cased before entering the park property. In areas of a state parks which are open to hunting, a person may uncase and load their firearm for the purpose of hunting after removing it from their vehicle at the location they will be hunting. Note: under 2011 Act 35, persons with a CCW license can possess a loaded uncased handgun in these areas, but not on the grounds of a school.
Q10a: Do the changes in the firearms in vehicles laws also apply to me when I am hunting on Fort McCoy military base?
A: No. The 2011 Wis. Act 51 law changes do not change the restrictions on firearms being placed, possessed or transported in vehicles on Fort McCoy. All weapons must continue to be unloaded and cased when in or on a vehicle at Fort McCoy. Concealed weapons otherwise authorized under 2011 Wis. Act 35 are also strictly prohibited on Fort McCoy.
Also keep in mind that ACT 51 is really for long arms, bows and crossbows. ACT 35 took care of the encasing requirement for hand guns.
Last but probably the most important thing to keep in mind is that the Wisconsin concealed weapons license applies to handguns, billy clubs, electric weapons and knives. It does NOT apply to anything else such as long arms. So...if you have an uncased long arm and enter into a GFSZ you could face multiple felony charges even if you have a Wisconsin Concealed Carry License.
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