Nov 1st Coming Soon....
Carrying and Possessing Firearms in Wisconsin LINK:
http://legis.wisconsin.gov/lc/publications/im/IM2011_10.pdf
Snip:
“Carry” Versus “Possession”
The majority of the provisions of the bill relate to restrictions on a person’s ability to “carry” a firearm. The bill defines “carrying” a firearm to mean to “go armed with” a firearm. The phrase “go armed with,” as it would relate to a firearm, has been defined by the Wisconsin courts to mean that the firearm was on the individual’s person or was within the individual’s reach and the individual was aware of the presence of the firearm. However, Wisconsin courts generally do not treat having an unloaded and encased firearm within one’s reach as “going armed with” the firearm.3
1 The bill also includes specific provisions related to the places and manner in which law enforcement officers, out-of-state officers, and former officers may possess firearms. These provisions are not described in this memorandum.
2 This memorandum only applies to people that are not prohibited from possessing a firearm under state or federal law.
3 For instance, in State v. Walls, 190 Wis. 2d 65 (Ct. App. 1994), the Court of Appeals recognized that the placement, possession, or transportation of unloaded and encased firearms in vehicles as permitted by § 167.31 (2) (b), Stats., does not constitute going armed with a concealed weapon.
Please note that an unloaded and encased firearm within reach is not a concealed weapon. If it were we would all be arrested every time we are seen in public encasing our firearms; Every time a firearm is purchased or returned to a store it is encased and within reach. It is not a concealed weapon.
As for me what will I do come Nov. 1st? I believe the intent of the law(s) is to provide us with the ability to open carry, load, unload, etc. in or on our vehicles but the legislature (and us) missed or forgot about 941.23 which was not changed. I think if we get stopped with our handguns on or loading/unloading, etc..as the "law" allows we may or may not be charged under 941.23 based on who stops you and where you are in this state. The Constitutional counties will not prosecute, we know that, the majority I think will and we will have quite a few test cases.
So I will wait for my "permit" and also to ensure I don't violate any GFSZ's.