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Is Wis DNR expanding ACT 51

Firearms Iinstuctor

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Jul 12, 2011
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northern wis
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.
 

Interceptor_Knight

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Green Bay, Wisconsin, USA
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. :cool:

https://docs.legis.wisconsin.gov/document/acts/2011/51.pdf

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

oliverclotheshoff

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Aug 17, 2010
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mauston wi
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)
 
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E6chevron

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Oct 8, 2011
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Location
Milwaukee Wisconsin
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.
 

Interceptor_Knight

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Last edited:

wiscollector

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Nov 19, 2010
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Wisconsin
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?
 

Interceptor_Knight

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Messages
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Green Bay, Wisconsin, USA
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:

Interceptor_Knight

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Messages
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Green Bay, Wisconsin, USA
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.
 

Interceptor_Knight

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