imported post
Interceptor_Knight wrote:
bluehighways wrote:
I just stick to the main wording of the law. Unloaded and in a case. That's really all it says. Unloaded and in a case.
You are sticking to the letter of only 1 law (statute). You are deliberately ignoring the other law (statute) which applies to vehicle transportation (Concealed Carry). This is a personal choice and a risk vs benefit decision we all must choose to make.
When discussing it in this forum, we must make the distinction between the letter of the law and case law which dictates that in a case next to you can get you a fine and the firearm taken away and practical application which clearly requires the firearm to be withing reach if you intend to use if for self defense. A very personal risk vs benefit decision.
bnhcomputing
wrote:
The reason we recommend out-of-reach is the Wisconsin Supreme Court held that there is a three prong test as to IF you are in possession of a concealed weapon.
1. Hidden from ordinary view.
2. You know it is there.
3. It is within reach.
Read up, Load up, Holster up, and CARRY ON.
According to 941.23 and relevant case law, all three elements must be present, not just one of them, nor tow out of there, but all three to be convictied of 941.23.
bluehighways is not violaitng a state statue. One the seat nest to you in a discernable gun case that is not covered or even partly covered is in 'ordidenary view' which eliminates a 941.23 conviction. Now mind you, center conosoles and glove boxes ARE NOT gun cases, which falls under 'hidden from ordinary view'.
I keep my hand gun case on the rear passenger seat direclty behind me. I cannot see making others ride in the back while my handgun rides shotgun. That is out of reach for me and in ordinary view. I can exit my vehicle, open the rear passenger door, pop open the gun case, two hand grab mag in one, gunin the other, insert the mag and holster in a matter of seconds. Some advocate keeping your guncase in the farthest out of reach location. Sorry, but I will not expoase myself tothe rear of my vehicle until I am armed. When I park, my first criteria is safety, niot convenience. I will walk across and empty parking lot before I put myselif in close quarters with others arond me.
I am considering placing my guncase on the seat next ot me when I am alone. When my son is with me, he can reach back and grab the guncase for me if he had to for me. With it on the front passneger, I would either have to round my vehicle before I can be armed, which I will not do, or exit my vehicle, reach across and place the gun case on the driver seat, then proceed with the usual routine.
I challenge anyone to cite case law that would put me in violation of 941.23.
Master Doug Hoffman, a gun unloaded and encased, in a case designed, marketed and sold for gun storage that is in ordinary view and is not concealed and does not violate 941.23 nomatter what you try to point out in your video.