• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Happy Labor Day Y'all... I'm Going For an OC Bike Ride..

phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
Great Example

Here is an extreme example of the stupidity of the definition. If you are walking along a public roadway with your possessions in a coaster wagon you are legal if you carry a loaded firearm in a holster on your person. If you take your holster off, with the firearm contained therein, and place it on the wagon it had better be unloaded and placed in a proper case. I presumed the holster is not the type that completely concealed the firearm. Stupid? yes. Technically correct? yes.

Great example of Wisconsin stupidity and a great example of understanding and application of the law.

Thank you
 

The Don

Guest
Joined
May 28, 2010
Messages
397
Location
in your pants
You may ride your horse and OC while it is pulling your wagon. The same as you may jump on your friend's back and catch a ride....:lol:
You may even hunt from horseback...

I'm not sure if you're agreeing, disagreeing, or just saying that horses (or you friend's back - though he may disagree) are okay?

I took Captain Nemo's post to mean that the buggy is considered a vehicle in that situation, not the horse. Captain, if I'm wrong, let me know.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
I'm not sure if you're agreeing, disagreeing, or just saying that horses (or you friend's back - though he may disagree) are okay?

I took Captain Nemo's post to mean that the buggy is considered a vehicle in that situation, not the horse. Captain, if I'm wrong, let me know.

I agree that the wagon is a vehicle. I was adding additional information stating that a horse is not considered a vehicle in WI according to the Statute and the DNR's interpretation/enforcement of it.
 
Last edited:

Krusty

Regular Member
Joined
Jul 11, 2010
Messages
281
Location
Trempealeau County, Wisconsin
Bicycles, vehicles and motor vehicles.

This thread more than got my interest going for an answer. So I sent off an email to the LaCrosse county DA asking if his office would prosecute anyone OC'ing on a bicycle.
This is his answer and I realize that the original question was/is a bicycle a vehicle.

A bicycle is not a "motor vehicle" so I would not prosecute for a person
carrying a weapon while riding a bicycle. You are also right that the
school zone would still apply, as could other statutes given the
particular situation, but if it is simply an open carry while riding a
bike, that alone would not be any violation. I would also caution that
other people or officers who see you may still wonder of a person's
intent to be carrying a weapon so I can't guarantee that you would not
be stopped.


This was from the LCrosse county DA.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
Who is unclear that a bicycle is a vehicle?

We'll start at § 167.31 and work backwards. Here is Chapter 167 PDF link URL http://www.legis.state.wi.us/statutes/Stat0167.pdf download it for future reference.

§ 167.31 Safe use and transportation of firearms and bows. (1) DEFINITIONS. In this section: [extraneous material deleted ... ] (h) “Vehicle” has the meaning given in s. 340.01 (74), and ...

Here is the Chapter 340 PDF link URL http://www.legis.state.wi.us/statutes/Stat0340.pdf download it for future reference.

§ 340.01 (74) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains....

WHAT part of 340.01(74) doesn't anybody understand? When I hitch up my horse and buggy and travel down the road it is considered a vehicle by definition. I can't park one of my hay wagons in my woods and use it as a deer stand unless I take the wheels off (DNR). As long as it is cabpable of being pulled on a road it is considered a vehicle. I'm not saying I support the law or that I like the law. In fact I think it is one of the most stupid definitions in all of the state statutes, but as Doug says the statute is so stated. During a hearing or trial a judge may overlook the definition or may even declare it ludicrous. In fact that very thing did happen this year as a man riding a bicycle while carrying a loaded and uncased handgun scared off a couple of criminals. You can be arrested and charged by law enforcement for violating state statute 167.31 if anything you transport a firearm on falls within the definition 340.01(74).

I wonder if a beast of burden (horse, mule, etc) would be considered a vehicle.
 

minuteman

Regular Member
Joined
Nov 13, 2006
Messages
71
Location
Baraboo, Wisconsin, USA
167.31

..except that for purposes of subs. (4) (c) and (cg) and (4m)
“vehicle” has the meaning given for “motor vehicle” in s. 29.001
(57).

29.001 (57)
(57 ) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
167.31

..except that for purposes of subs. (4) (c) and (cg) and (4m)
“vehicle” has the meaning given for “motor vehicle” in s. 29.001
(57).

29.001 (57)
(57 ) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.
"Motor vehicle" Only applies to these hunting issues, not OC....

(4) EXCEPTIONS. (a) Subsections (2) and (3) do not apply to
any of the following who, in the line of duty, place, possess, transport,
load or discharge a firearm in, on or from a vehicle, motorboat
or aircraft or discharge a firearm from or across a highway or
within 50 feet of the center of a roadway:
(c) Subsection (2) (b) and (c) does not apply to the holder of
a Class A or Class B permit under s. 29.193 (2) who is hunting
from a stationary vehicle.

(cg) A holder of a Class A or Class B permit under s. 29.193
(2) who is hunting from a stationary vehicle may load and discharge
a firearm or shoot a bolt or an arrow within 50 feet of the
center of a roadway if all of the following apply:...

(4m) RULES. The department of natural resources may further
restrict hunting from stationary vehicles on county or town highways
by promulgating rules designating certain county and town
highways, or portions thereof, upon which a holder of a Class A
or Class B permit issued under s. 29.193 (2) may not discharge a
firearm or shoot a bolt or an arrow from a bow or crossbow under
sub. (4) (cg). For each restriction of hunting from a county or town
highway contained in a rule to be promulgated under this subsection,
the department shall submit a specific justification for the
restriction with the rule submitted to legislative council staff for
review under s. 227.15 (1).
 
Last edited:
Top