imported post
Captain Nemo wrote:
So, is 167.31 supplemental to the case law in Asfoor so that "out of reach " and encased are simultaneous requirements?
The Judges in State v. Alloy answered this question in the affirmative which is the significance of the particular case.
To add another wrinkle, nowhere in Wisconsin law does it define encased as unloaded. “Encased” means enclosed in a case that is expressly made
for the purpose of containing a firearm and that is completely
zipped, snapped, buckled, tied or otherwise fastened with no part
of the firearm exposed. The law on safe transportation specifically states that a firearm must be both encased and unloaded if possessed, placed on, or transported by various vehicles. The law prohibiting the concealed carry of weapons specifically defines a firearm as being loaded or unloaded and provides no exceptions except being police or active military.
CAUTION DO NOT ATTEMPT THIS UNLESS YOU HAVE THE MEANS AND ABILITY TO FIGHT A CHARGE OF CARRYING A CONCEALED WEAPON
Under the logic that "out of reach" does not apply to an unloaded and encased firearm when in or on a prohibited vehicle.Then one could also have a encased firearm on or about their person when not in a vehicle. The encased firearm on their person could also be LOADED and would remain within the law except when passing those pesky school zones and when in a vehicle. A fully enclosed holster or fanny pack containing a loaded handgun would be lawful because it is fully encased and since a charge of carrying a concealed weapon has no bearing on whether or not the firearm is loaded or not by definition. In other words, once a firearm is encased it is be considered out of reach even when on ones person.
Although there are certain elements of truth in this train of thought, it may even be unconstitutional. yet you may be charged with CCW if found on your person or within your reach is a encased firearm. This is where the most interesting and most overlooked part of the Alloy decision resides, in the only footnote.
"While complying with WIS. STAT. § 167.31 might provide a defense to a person who possessed a concealed weapon immediately after it was encased for purposes of transporting it, those facts are not present here. We do not address hypothetical arguments.
A defense to a charge of carrying a concealed weapon for having on ones person or within reach an unloaded and encased firearm in compliance with safe transportation and more recently school zone laws. This defense would obviously not apply to a loaded and encased firearm since it does not fulfill the requirements for travel in a vehicle or through a school zone. Why does one need such a defense? I believe that it is because the CCW law 941.23 is on its face unconstitutional providing no way to bear arms uninfringed. The fact that so many of us in Wisconsin unknowingly violate this law year after year does not make it legal. The reason that no hunters are charged with carrying a concealed weapon every opening day is they know exactly what would happen. They would have to change the law and not a single jury would convict costing them money. It would be nice if that were also true for "open carry gun advocates" but we must be extra diligent in these times.
As the media paints us as violent antisocials. We must not flaunt the law or try to bend it to our will. There may be a time for that but it isn't now. Now we should be doing all we can to control the damage to our cause. We need to be in the media spotlight in a positive way. We can not afford a open carry advocate to be charged with CCW or the like.We should be having open carry fundraisers for good causes, an open carry walk to raise money with a bonus every time we case up through a school zone. Showing up at Starbucks or Menards will only do so much to improve public opinion. Untill then if we are really open carry advocates than we should be willing to pull up to the range, exit the vehicle, remove the gun case, unencase the firearm, walk to the door of the establishment, recase, and enter. Yes, its a pain in the ass. Yes, you should call them first and let them know you are coming. Yes, a passerby may call the cops. Yes, you may get harassed. Yes, you will not be violating any law. To me it is starting to sound like fun. Time will tell.
