Transporting handguns

Was recently made aware of the changes to Wisconsin's handgun laws. http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw_frequently_asked_questions.pdf

On page 52 of the FAQs, it has the following:

If I do not have a CCW license how do I transport weapons in a vehicle?

A. Handguns The law now allows a person to do the following without a CCW permit: • place, possess, or transport a handgun in a vehicle without being unloaded or encased. Wis. Stats. § 167.31(2)(b). • load a handgun in a vehicle. Wis. Stats. § 167.31(2)(c). • operate an all-terrain vehicle (ATV) with a handgun in the operator’s possession. Wis. Stat. § 23.33(3)(a). • place, possess, or transport a handgun in or on a motorboat with the motor running without being unloaded or encased. Wis. Stats. § 167.31(2)(a), (b), (c). • place, possess, or transport a handgun in or on a noncommercial aircraft. IMPORTANT NOTE: Persons who do not have a CCW license may still not carry weapons concealed. In a vehicle this means that the firearm cannot be hidden or concealed and within reach.

This brings up 2 questions:

1, Is this in effect NOW, or does it go into effect November 1 with the CCW? In the one line it reads "The law now allows a person to do the following without a CCW permit." The way I read it is that I can drive my truck with my pistol loaded and openly visible in my holster right now. Then, come Nov 1, when I get my CCW, I can do the same wearing a jacket.

2, The wording regarding ATVs has me worried - The other provisions specifically mention some variations of the handgun being loaded/unloaded or cased/uncased, but the one concerning operation of an ATV simply states "may operate ATV with handgun in possession." Am I reading too much into it, or would I get a citation for open-carrying my loaded pistol while riding an ATV (before getting my CCW)?

Anyone have a good explanation, or know who to contact to get concrete answers? FYI, the law did NOT change regarding transport of long guns in a vehicle, just handguns.

You should really put the whole handgun in a 'pistol case'. That could also be called a 'pistol rug' or lockable hard sided case. I would want to have it unloaded & cased. If I was hard up & had to go now I'd wrap it in a smaller bag/backpack of some type & tuck it away as aft of the driver as possible. You can get a handgun case from most any outdoors supply store, Gander,Cabelas, Dunhams, etc.

In most states, being unloaded & cased & away from the driver is about all you have to do. Yes, I'd still avoid NY.

Thanks for the help with this. I'm not a gun guy so I hope this doesn't stupid. What do you mean by a gun case? I know there is a leather holster and two clips but no ammo. That is why I was planning on putting it in the locked back compartment in the holster and both clips out of the gun. Does this sound like an OK way to transport it? Again thanks in advance. DJim

I agree. Just make sure the gun is unloaded and properly cased. Also, to be extra safe, don't have any ammo in the same case as the gun.

Jim, Just put the gun cased(or boxed), unloaded, in the back & out of the way. No need to over think this. I've traveled all across the USA with military & job moves, hasn't failed me yet. It's always a good rule to avoid a traffic stop & if stopped don't 'talk yourself into trouble' by blabbering about some handgun when not even asked about it. The one state I would avoid though is NY.

Here is another question in the same area. I will soon be driving to Florida to be with my 88 yr old dad for Thanksgiving and one of the things he wants me to bring back with me is his WWII Lugger that he brought home after the war. I have an SUV that has a compartment way in the back under the rug that I can put a lock on and I am thinking that this would be the best place for the Lugger. Any thoughts as to would this be a legal method to transport a gun across state lines? I don't want to get stopped and risk being arrested or losing the gun. Thanks in advance for any advance. DJim

Trapper,

The last part of A. simply is stating that it is illegal to have a gun inside a vehicle when it is uncased. Wisconsin law states that having a weapon inside a vehicle uncased is considered carrying concealed. If you carry a gun uncased inside your car you will be charged with CCW.

The way you are currently transporting your gun is totally legal. You unloaded and cased your gun, therefor your fine.

Swede,

Don't carry your pistol holstered inside your truck, this is considered carrying concealed. You will be arrested, or at the very least ticketed.

Well if you read the last part of A above; it says it can't be concealed in /on a vehicle without a permit. Carrying in a duffel type bag is concealed. If unloaded and encased is legal anywhere than i should be ok. I didn't make it confusing. It appears that the open carry people did. Not blaming them as i support the right to carry; just want some clear laws. But than again this issue has never been clear in Wi. Doyle defied the State Supreme Court for years. BTW, Tim aren't you a loyal Doyle supporter?

Mad Trapper,

Unloaded and in a case has ALWAYS been legal. Open carry has also ALWAYS been legal. You seem to be making it more confusing that it is.

Tim

So is it leagal unloaded and in a case ro have it so called concealed

I carry open when I'm trapping. on the belt for dryland and ona shoulder harness when watertrapping.I won't give the state $50. so I can wear a coat over the holster.Won't happen.

So I am a trapper. I just purchased an ATV. I have been carrying my 22 pistol in a case unloaded in a duffle type bag in a tote strapped to my ATV. Sounds like this is illegal. I keep the pistol in the back of the pickup also, in the duffle bag. I carry trapping gear in the bag and use the pistol to dispatch coons with 22 shorts. What am I suppose to do? I am not strapping it to my belt in plain sight no mater what. These laws are so stupid. If my pistol is unloaded and cased; it isn't a concealed weapon ready to fire. I have to un-zip the case, Pull the pin on the cylinder, find the bullets , load. That is going to take at least a minute, cause my hands are cold.

In the northwoods it was wise, but no, not legal yet.

Starting November 1 you can carry a loaded pistol on an ATV without a CCW permit, provided it is visible.

No, right now you are not legal to carry a loaded gun on an ATV.

hey kinda confused....ha I just rode my atv to my treestand with my 357. in the holster loaded up in the northwoods is this illegal? it was not concealed!

After further review.......

takes effect Nov 1, and you will be able to carry a loaded handgun on an ATV, open carry if you don't have a CCW, concealed or open if you do.