Wisconsin Hunting Reports/Discussion
Open/carry&Handgun in vehicle
11/2/11 @ 12:10 PM
Displaying 1 to 15 of 28 posts
it was proven tuesday in court that a holstered handgun on the hip while riding or driving is not concealed
http://forum.opencarry.org/forums/showthread.php?97114-It-s-official-MKEGal-charged-with-941-23
Just to clear up something that I have seen posted a bunch on here that is "technically" inaccurate. While yes you can have a loaded handgun in your vehicle without a ccw permit it cannot be concealed at all. And technically if you want to get into what is concealed and what is not, concealed means that a passer by in another vehicle can see it in plain sight. That means just about the only non-concealed place to keep a loaded handgun would be on the dash. If it is on the seat next to you that is concealed, even if there is nothing covering it up, because a passer by could not see down onto your passenger seat. While I do not agree with the definition of concealed in this term, I am just clarifying what the law states...
The DNR does not have juristiction for GFSZ enforcment so their legal opinion really doesn't mean much. If I were to cal him I would ask for him to Email me a legal opinion on DNR letterhead, that way if you do get charged you can at least use the letter to show that you though you were being legal.
I had the DNR send me letters stating that SBR's and suppresors were legal for hunting and keep them in my truck so that if some over zealous warden decided to try to arrest or ticket me because he doesn't know the law I can show him the letters.
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.
A loaded, un-cased handgun is now LEGAL, with or without a permit. Shotguns and rifles must still be cased and unloaded, with or without a permit.
Apparently the DNR told the legislature that a handgun is a self defense issue, but rifles and shotguns are a hunting issue, explaining the difference in the law.
Displaying 1 to 15 of 28 posts


