DoJ Emergency CCW Rules approved!

[Outdoorsman1]

Nutczak said...

Nowhere in the bill/law did it say the weapon has to be viewable from outside of the vehicle, whoever is saying that is reading too far into the law and making up their own imagined rules based from someplace in fantasy world.

It wasn't about Act 35... It was about some "Case Law" and a totally different law statute # 197... or something close...

Discussed ad-nausum here...

http://forum.opencarry.org/forums/showthread.php?95452-Nov-1-Open-carry-in-car

Starting at post # 5

Outdoorsman1

 

[protias]

Nowhere in the bill/law did it say the weapon has to be viewable from outside of the vehicle, whoever is saying that is reading too far into the law and making up their own imagined rules based from someplace in fantasy world.

Exactly. Act 35 now takes away the prohibition of unloaded and encased for anyone who is eligible to carry, to have a loaded firearm in the vehicle. It does not specify where it has to be.

 

[paul@paul-fisher.com]

Nowhere in the bill/law did it say the weapon has to be viewable from outside of the vehicle, whoever is saying that is reading too far into the law and making up their own imagined rules based from someplace in fantasy world.

Do what you want, however, Act 35 didn't invalidate case law on 941.23. It only changed 167.31 without a permit. 941.23 without a permit remains the same.

 

[Outdoorsman1]

Exactly. Act 35 now allows anyone who is eligible to carry, to have a loaded firearm in the vehicle. It does not specify where it has to be.

Again...

http://forum.opencarry.org/forums/showthread.php?95452-Nov-1-Open-carry-in-car

Starting at post # 5

Outdoorsman1

 

[E6chevron]

Nowhere in the bill/law did it say the weapon has to be viewable from outside of the vehicle, whoever is saying that is reading too far into the law and making up their own imagined rules based from someplace in fantasy world.

Act35, does not contain ALL the laws that can affect people who carry handuns. Just because something is not mentioned in Act35, does not make it fantasy world.

Example:

941.20(1) Whoever does any of the following is guilty of a Class A misdemeanor:
...
(1)(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant;

------------------------------------

https://docs.legis.wisconsin.gov/document/statutes/941.23

Statute 941.23 (Carrying concealed weapon) has been changed by ACT35, but if you open the link above and scroll to the bottom of section 941.23, you will see the notes which refer to various court cases which have narrowed down the definition of "concealed weapon" as used in the context of a vehicle: indiscernible from ordinary observation by a person ouside, and within the immediate vicinity.

This definition is not spelled out in the statutes, but is used by a lot of judges and LEO.

 

[Trip20]

...I will carry a copy of my WI Hunters Safety certificate with me....

Speaking of which.... I just realized my Hunter's Safety card has my old address on it. I can't find anywhere that states it must have your current address.... you all think that'll be a problem when I mail it in and it doesn't exactly match my application due to the addresses being different?

 

[Interceptor_Knight]

.....
Statute 941.23 (Carrying concealed weapon) has been changed by ACT35, but if you open the link above and scroll to the bottom of section 941.23, you will see the notes which refer to various court cases which have narrowed down the definition of "concealed weapon" as used in the context of a vehicle: indiscernible from ordinary observation by a person ouside, and within the immediate vicinity.

This definition is not spelled out in the statutes, but is used by a lot of judges and LEO.

He is aware of the case law which has been discussed Ad nauseum here. Some wish it to be irrelevant but the DOJ mentions it in their FAQ..

 

[bluehighways]

Speaking of which.... I just realized my Hunter's Safety card has my old address on it. I can't find anywhere that states it must have your current address.... you all think that'll be a problem when I mail it in and it doesn't exactly match my application due to the addresses being different?

Oh, jeez. I just realized my hunter's safety card doesn't match my address, nor does my wife's. I hope this won't be a problem. Anyone got an answer for this one?

 

[Packfanatic]

Change of address

Oh, jeez. I just realized my hunter's safety card doesn't match my address, nor does my wife's. I hope this won't be a problem. Anyone got an answer for this one?

Call the DNR and update your address and ask for a replacement?

 

[oliverclotheshoff]

or just go online and change it yourself that way you know it was entered in right and you can order replacements at the same time either way it will cost you a few dollars

 

[McX]

the department of just-us.

 

[paul@paul-fisher.com]

Oh, jeez. I just realized my hunter's safety card doesn't match my address, nor does my wife's. I hope this won't be a problem. Anyone got an answer for this one?

Even the new rules do not say anything about anything other than the application having the correct address on it.

 

[oliverclotheshoff]

paul why leave it to chance look what the doj has done so far

would you risk it i sure as hell dont want to i want my permission slip

 

[paul@paul-fisher.com]

paul why leave it to chance look what the doj has done so far

would you risk it i sure as hell dont want to i want my permission slip

Do what you want then. Just telling you the law and the current rules. Personally I am sending my MD training certificate, waiting for the rejection letter and then suing. I then will probably send in my UT permit and wait for the lawsuit to work it's way through.

My MD certificate has my old address as well.

 

[McX]

*you guys sure move around alot

 

[mrjam2jab]

Oh, jeez. I just realized my hunter's safety card doesn't match my address, nor does my wife's. I hope this won't be a problem. Anyone got an answer for this one?

paul why leave it to chance look what the doj has done so far

would you risk it i sure as hell dont want to i want my permission slip

If you can use an EXPIRED carry permit....I really don't think they're gonna be worried about an address on a Hunter safety card that could be X years old.

 

[Flipper]

He is aware of the case law which has been discussed Ad nauseum here. Some wish it to be irrelevant but the DOJ mentions it in their FAQ..

Likely DOJ put it in the FAQ because the Wisconsin Police Chiefs Association (a WAVE affiliate) asked them frequently about it.

 

[professor gun]

+1 This.

Unless you have a viable electable Republican replacement, it is far better to keep Walker in place. I can't imagine the Stupid Libtard Tricks which would happen at this point with a Democrat in the Governor's office, especially Barrett or one of his ilk..
Walker has all but guaranteed only a single term as it is. At least let's get all we can out of him until the next general election. He has heard the outrage and I believe will do what he can to straighten out the DOJ proposed rules.

+1. Couldn't agree more here.

 

[Captain Nemo]

Some of you miss my point. The requirements listed don't apply to a hunters safety permit or a DD-214. item (1)(a) and (1)(i) are excluded.

(a) A certificate or affidavit documenting that the applicant has successfully completed the department of natural resources’ hunter education program or a substantially similar program that is established by another state, country, or province and is recognized by the department of natural resources.
(i) A copy of a DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, showing that the applicant has received an honorable discharge or a general discharge under honorable conditions from the United States armed forces, reserves, or national guard after completion of basic training or a certificate of completion of basic training with a service record of successful completion of small arms training and certification.


(2) Except as otherwise provided in sub. (1), for purposes of satisfying the requirements of sub. (1)(b), (c), (d), (e), (f), or (g), a certificate or affidavit documenting that the applicant has successfully completed a firearms safety or training course must include all of the 202 following information:
(a) The applicant’s name.
(b) The name of the firearms safety or training course.
(c) The length in hours of the firearms safety or training course.
(d) The date on which the applicant completed the firearms safety or training course.
(e) The city and state in which the applicant completed the firearms safety or training course.
(f) The name, address, and telephone number of the person or entity responsible for the firearms safety or training course. This may be an individual instructor, a national or state organization, a law enforcement agency, an educational institution, a firearms training school, or another public or private institution or organization.
(g) The name of the instructor who taught the firearms safety or training course to the applicant and the name of the agency or organization that certified the instructor.
(h) A signed statement by the instructor who taught the firearms safety or training course to the applicant affirming that the course satisfied the definition of a firearms safety or training course in s. Jus 17.03(8) and that the applicant successfully completed the course. An 218 affirmation that the applicant merely attended the course is not sufficient to satisfy this 219 requirement.
(3) The department shall prepare and make available to the public on its Internet site a model training certificate that provides for the information required under sub. (2).
(4) The department shall prepare a training curriculum for a firearms safety or training course, as that term is defined in s. Jus 17.03(8), and shall make that curriculum available for the use of firearms instructors who are certified by the department pursuant to 225 s. Jus 17.06. Instructors who are not certified by the department may use that curriculum in preparing and conducting their own courses, but they shall not represent themselves or their courses as certified or approved by the department.