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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 7/25/2005 11:19:07 AM EDT
[Last Edit: 7/26/2005 11:22:19 AM EDT by glenn_r]
Everyone,

I'd like to know if there's any interest in generating a FAQ about Wisconsin laws that might get tacked in our Hometown. Something along the lines of CCW laws, DNR, pepper spray, knives, class III, traffic laws, radar/laser, etc.

I know some of this is available on packing.org, and there's no sense duplicating it. So would this be something worthwhile, or a waste of time? If worthwhile, what topics are most commonly asked about?

Sounds like this is an idea that might be welcome. Please add your input below!
Link Posted: 7/25/2005 11:40:49 AM EDT
Glenn I think this would be a great Idea. I think the NFA stuff would be good to have, as well as DNR related stuff(did you ever hear back about the whole SBR thing???). Also something on the pepper spray/electronic weapons would be good, at least i think it would be.


Link Posted: 7/25/2005 12:15:26 PM EDT
Ditto.

Good idea.


Link Posted: 7/25/2005 2:02:01 PM EDT
Excellent idea Glenn. Even if there is some duplication with packing.org, I think this would be a worthwhile tack for the HT forum.
Link Posted: 7/25/2005 4:22:45 PM EDT
I'm surprised this information isn't tacked in every state forum. It would definately help with people who are traveling, or buying/selling items to different states.

The only downside is I'm sick of having to scroll a half a page to get past all the tacked threads.
Link Posted: 7/25/2005 10:06:11 PM EDT
Sounds great!
Link Posted: 7/26/2005 5:48:00 AM EDT
[Last Edit: 7/26/2005 5:49:01 AM EDT by Throttle-Junkie]

Originally Posted By inferno715:
The only downside is I'm sick of having to scroll a half a page to get past all the tacked threads.



That's been a problem before.
There's been a effort to consolodate them into a WI.INFO_EVENTS thread and tack that.
I don't see why this info couldn't go there as well.

I also agree that it's worthwhile to duplicate stuff that's available elsewhere.
We have folks dropping in to look for the info here .......... why not put it here?
It's not a bad excercise to go through it again anyway; it helps clarify all of our understanding of the regs.

We could even follow the regs with highlighted commentary.

IE:

Law says: Transport cased and unloaded. Case must fully enclose the arm. Unloaded means empty chamber and no live rounds contained inside the weapon.

Gun friendly officer recommends: Ammunition be stored in separate container from arms. Also recommends cased arm not be accessible to driver while in transit. These measures are not required, but help to clarify law abiding intent.

The commentary could go either way.
Some folks will appreciate the tip, others will bitch about it as a JBT curtailment of freedom.

Its an idea at any rate .........
Link Posted: 7/26/2005 7:47:48 AM EDT
[Last Edit: 7/26/2005 7:48:52 AM EDT by glenn_r]
I like the commentary idea. That would keep opinions and interpretations clearly separated from the actual letter of the law, but might be useful "real world" advice.

Stan, what's your opinion on adding "WI FAQ" to the "WI EE-WI show dates- links of interest and INFO" thread? Linking in that thread would prevent adding another tacked thread, while still letting people find this info?

Keep the feedback & ideas coming!
Link Posted: 7/26/2005 10:15:09 AM EDT
Link Posted: 7/26/2005 10:21:24 AM EDT

Originally Posted By BulletcatchR:
I can do a tacked thread,if you want folks to be able to add commentary in follow up posts,or add to the links and info announcement. If the latter any changes/addendums to the faq would have to be IMed to me so I can edit it.
We could temporarily tack a thread to get all the "facts" worked out and then cut and paste the finished faq to the announcement thread,whatever you guys think is best.

bulletcatchr




I htink a temprary tac to get all the detail and such down, than consolidate everything to one "post" added to the announcment thread would work best.

Glenn
I have my respoce from the DNR regarding hunting with suppressed weapons, I'll post a copy of it here if you want or should we start a new thread for getting all the info together???

Link Posted: 7/26/2005 11:20:27 AM EDT
Photo,

Posting here sounds good, maybe I'd better change the title of the thread.

I've got some stuff to add, too.
Link Posted: 7/26/2005 11:37:34 AM EDT
[Last Edit: 9/15/2005 5:13:57 AM EDT by glenn_r]
text in green are my editorial comments

Firearms Laws:

NRA version of firearms laws: Here
These short explanations are somewhat misleading, so see lengthier explanations below.

Anyone who possesses or uses a firearm while intoxicated, shoots within 100 yards of a home without permission, points a weapon at anyone except in self-defense, negligently handles a weapon, or commits a drive-by shooting is in trouble. Statute 941.20

Carrying a concealed weapon is a class A misdemeanor, state statute 941.23
This is any "weapon", not just firearms. Knives are legally defined as "dangerous weapons".

Going armed in any building owned/leased by the government is a class A misdemeanor, state statute 941.235

Carrying a handgun where alcohol is sold/consumed is generally a class A misdemeanor, state statute 941.237

Armor-piercing ammunition prohibited in handguns when committing a crime. Statute 941.296

"No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent. Statute 941.2965

Imitation firearms cannot be sold in Wisconsin unless they comply with Federal standards, statute 941.297.
This includes airsoft, non-working replica firearms, water pistols, etc.

Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409
This doesn't affect zoning regulations--see the Madison zoning ordinance below that effectively prohibits handgun sales in Madison.

Committing a crime while possessing a dangerous weapon is a penalty enhancer. Statute 939.63

Firearm ownership, buying & selling:
Federal:
The "Lautenberg Act" made it illegal to possess a firearm after being convicted of "a misdemeanor crime of domestic violence". U.S. Code 922(g)(9)
This includes Domestic Disorderly Conduct.

It is a felony to possess a firearm if you are a:
* Felon
* Committed a felony as a juvenile
* Not guilty of a felony by reason of mental disease or defect
* Committed under mental health laws & ordered not to possess a firearm
* Are the subject of a domestic abuse or child abuse restraining order
* Are ordered not to possess firearms as a subject of a harassment restraining order
Any person who knowingly provides a firearm to an ineligible person is party to a felony crime. Statute 941.29

Legal age: See "minor" section further down.

There is a 48-hour waiting period on handgun transfers: Statute 175.35
Note that the 48-hour clock begins after the dealer receives the DOJ confirmation number.

Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 175.30

State Parks & Wildlife Refuges
Statute 29.089 requires firearms to be unloaded and encased in state parks. There is an exception for hunting when the hunt is administratively approved. Statute 29.091 requires firearms to be encased and unloaded in wildlife refuges.

Gun-free school zones
It is a class I felony to possess a firearm on school grounds or within 1000' of a school zone. Statute 948.605. This statute does not apply to:
* private property not part of school grounds
* individuals licensed by the local government body to possess the firearm
* unloaded and encased firearms
* individuals with firearms for use in a school-approved program
* individuals with school contract to possess firearm
* law enforcement acting in official capacity
* unloaded firearms when traversing school grounds to gain access to hunting land, if the entry is approved by the school.
It is a class G felony to discharge or attempt to discharge a firearm in a school zone. Limited exceptions for private property not part of school grounds, school programs, and law enforcement.

Class 3 firearms:
Machine guns are legal if you follow BATFE process, state statute 941.27

Short-barrel rifles and shotguns are legal if you follow BATFE process, state statute 941.28

Silencers are legal if you follow BATFE process, statute 941.298

Hunting with a legally-possessed short-barrel rifle or shotgun, or a silencer, is legal. The DNR pamphlet refers to statute 941.28 and 941.298, respectively, and there is no law or regulation stating "hunting" weapons must have a specific barrel length or cannot be suppressed.

Photoman received a letter from "P Thomas H. Van Haren, Conservation Warden/NR Policy Officer, Bureau of Law Enforcement, WDNR", confirming "While we do not have any specific law against hunting with a suppressed firearm...". Again, be sure to have the NFA paperwork with you.

Also, Photoman received another letter 8/05 from the same DNR official stating, "...the requirement for the minimum barrel and overall length for rifles and shotguns in our Wisconsin Hunting Regulations is simply based on the statutory language you found in s. 941.28, WIs. Stats. We do not have a specific rule that says a person may not hunt with a shotgun or rifle that is less then these lengths if a person has the proper Federal permit that allows the person to possess and use such a firearm. The restrictions on minimum caliber and shot gun gauges for hunting would still apply."


Firearms and minors
Leaving a firearm within reach of a child under 14 is generally a misdemeanor, if that child points it at anyone or shows it to anyone in a public place. Defenses include having the gun locked in a safe or container, or having a trigger lock on the gun, or removal of a key operating part, or illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile couldn't access the firearm. Statute 948.55

Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm." Statute 175.37

Possession of a dangerous weapon by anyone under 18 is a class A misdemeanor. Giving/loaning/selling a dangerous weapon to someone under 18 is a class I felony. Statute 948.60. Defenses to prosecution under this statute:
* Target practice under the supervision of an adult
* Members of armed forces under 18 in the line of duty

For hunting purposes, the following exceptions to the age limit apply, as specified in statute 29.304 for weapons with barrels 12" or longer.
* under 12 may not hunt with a firearm or bow under any circumstances
* under 12 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under parental supervision while going to/from Hunter Safety class
* 12-13 may hunt when accompanied by an adult
* 12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded firearm to/from Hunter Safety class, or in Hunter Safety class
* 14-15 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms without adult supervision.

School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event. State law requires a minimum one-year expulsion for this offense. Statute 120.13(1)(bm) and 120.13(1)(c)2m. In addition, the student's driver license may be suspended for two years under Statute 938.34(14q). This suspension also applies to bomb threats and CCW violations in government buildings.


Firearms in vehicles

In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "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." Statute 167.31

Boats:
Firearms must be unloaded and encased when the motor is running.

Aircraft:
Firearms must be unloaded and encased.

Cars, trucks, motorcycles, ATV, snowmobiles:
Firearms cannot be placed in or on a vehicle unless the firearms are unloaded and encased. However, it is legal to "lean an unloaded firearm against a vehicle". Statute 167.31(4)(d).
Technically you can lean an unloaded gun against a vehicle, but you're violating the law if you put the unloaded gun on top of a vehicle, like on the hood or trunk. The DNR aggressively enforces this.

Exceptions:
Law enforcement officers, military personnel on active duty, landowners & their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.
Technically, a loaded magazine in the same case as the firearm is OK. Also technically, if the weapon is in the passenger compartment, even unloaded/encased, an argument could be made for a CCW violation. The firearm is still classified as a weapon even though it's unloaded. Complying with the unloaded/encased law does NOT exempt you from the CCW law, even in a vehicle. Yes, this is stupid. I've never heard of anyone being cited/arrested for CCW when they comply with the unloaded/encased law--not even by the DNR, which is saying something!--but technically the CCW law could still be applied. Yes, the whole situation is stupid..

Hunting regulations:
Pamphlet version here.
These are good generic summaries but don't fully explain the law--such as suppressor and short-barrel information. See the Class 3 section for those issues.


Pepper Spray & Stun Guns:
Pepper spray (oleoresin of capsicum or "O.C." spray) is legal in Wisconsin as long as it doesn't contain other active ingredients. "Mace" and "tear gas" are illegal.
Cite: Administrative Code Jus 14.03 implements State Statute 941.26(4).

State statute 941.295 prohibits "any device which is designed...to immobilize or incapacitate persons by the use of electric current". Possession or use is a class H felony.


Miscellaneous

Body armor
Possession of body armor by anyone convicted of a "violent felony", or anyone found not guilty because of mental defect, or anyone who committed a delinquency that was a "violent felony" is a class E felony, statute 941.291

Knives
Possession of a knife that opens by "pressing a button, spring or other device in the handle or by gravity or by a thrust or movement" is a class A misdemeanor. Statute 941.24
This definitely includes "butterfly" knives, among others. Wisconsin doesn't set a statutory limit on blade length, although some municipalities do.

Lasers
It's illegal to shine a laser at anyone, or to use a laser in any way that would reasonably be expected to disrupt an event or cause a disturbance. Violation is a forfeiture unless the person shined is an LEO, in which case it is a class B misdemeanor, statute 941.299


Local ordinances

Madison handgun sales:
Ordinance 28.10 controls the zoning of shops that sell handguns, explaining why only Rusk is able to sell them in city limits.

Local knife laws
DEFINITELY NOT A COMPLETE LISTING
Village of Bayside, ord. 62-266 bans any knife with a blade length of 3" or longer.


Traffic-related information

OWI
Wisconsin is the only state in the country where 1st-offense OWI is not a crime. In Wisconsin first offense is only a forfeiture. Statute 346.63. Intent to drive or move a motor vehicle is not required to find an accused guilty of operating the vehicle while under influence of intoxicant. Movement of the vehicle is not required to show "operation".
If you're going to "sleep it off" in your car, don't have the keys in the ignition and don't be in the driver's seat. I recommend against even being in the car.
Blood Alcohol Calculator
Thanks to the beer lobby and the unholy grip $$ has on politicians Wisconsin lost $15,000,000 in Federal highway funds because politicians delayed so long in dropping the legal limit to .08.

OWI checkpoints are prohibited by state law. Statute 349.02(2)(a).

Unmarked squad cars
You must stop "as promptly as safety reasonably permits" for traffic officers (meaning any LEO authorized to write traffic citations), statute 346.04. Failure to stop as soon as safety permits is a class A misdemeanor; fleeing/eluding is a felony.
My advice for females being stopped by an unmarked police car is to turn on your hazard lights, slow down, head towards a well-lit area, and call 911 on your cell phone to verify it's a real LEO. Don't have a cell phone? You should. A quick call to 911 will help demonstrate you're trying to cooperate. Driving for another 10 minutes until 3-4 more squads get there is less desirable.

Miscellaneous traffic info
Statute 349.02 prohibits tickets from photo radar cameras.

Police officer ticket quotas are prohibited. Statute 349.025.


Miscellaneous Useful Information

Who are my legislators?

Search Wisconsin Statutes

Wisconsin Circuit Court Access. You can look up anyone's involvement in Wisconsin courts, civil and criminal, as they are public records.

DOJ Criminal Record checks. Official criminal record checks.

Wisconsin Sex Offenders. Search by name or ZIP code.

Department of Motor Vehicles--Driver & Vehicle Information. Getting a license, changing your address, titles, service center locations & hours...

Winter Road Conditions

Road Construction
Link Posted: 7/26/2005 12:34:02 PM EDT
That's all for now, what did I miss?
Link Posted: 7/26/2005 5:36:55 PM EDT
Awesome job Glenn!

Link Posted: 7/27/2005 3:58:22 AM EDT
[Last Edit: 7/27/2005 4:01:11 AM EDT by photoman]
Glenn here is the letter I got from the DNR regarding suppressors while hunting.


While we do not have any specific law against hunting with a suppressed firearm, it is a Felon to possess a "firearm silencer" under s. 941.298, Wis. Stats.

941.298 Firearm silencers.
(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.

(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.

(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
(a) Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy.
(b) Any armed forces or national guard personnel, while in the line of duty.
(c) Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.
P Thomas H. Van Haren
Conservation Warden / NR Policy Officer
Bureau of Law Enforcement
Wisconsin Department of Natural Resources
(() phone: (608) 266-3244




The red is the "loophole" so to speak.
Link Posted: 7/27/2005 6:15:40 AM EDT
Link Posted: 7/27/2005 6:28:59 AM EDT
[Last Edit: 7/27/2005 6:30:03 AM EDT by glenn_r]
Bullet,

I think the transfer info could go either place, but it might be more instinctive to put it in the FFL list. The FAQ could refer people to the FFL list for transfer info.

I updated the minor information and added photo's suppressor info.
Link Posted: 8/3/2005 1:08:41 PM EDT
[Last Edit: 8/4/2005 4:06:39 AM EDT by glenn_r]
Updated with some more information. Anyone know--off the top of their head--the statute authorizing the 48-hour waiting period? I can find it if I must, but a quick searching under "handgun waiting" didn't turn up the authorizing statute. Found it.

I'd sure appreciate more feedback on topics of interest, too!

Link Posted: 8/6/2005 6:55:56 AM EDT
Maybe we should add this somewhere too, for the courses held frequently at Bulletcatcher's place (I don't have the Spring Green info handy--Stan, do you want to add that here too?

For those not camping, here's some info.

Hotels in Reedsburg:

Super 8: 608-524-2888 or 800-800-8000
Voyageur Inn: 608-524-6431
Comfort Inn: 608-524-8535 or 800-521-2121
Copper Springs Motel: 608-524-4312
Motel Reedsburg: not recommended

Fancier possibilities:
Lavina Inn B&B
Parkview B&B
Pine Grove B&B
Link Posted: 8/6/2005 7:19:26 AM EDT
Here's the handgun waiting period stuff, along with some other regulations...

Miscellaneous Police Proivision of WI statutes


175.30 Purchase of firearms in contiguous states permitted.
It is lawful for a resident of this state or a corporation or
other business entity maintaining a place of business in this state
to purchase or otherwise obtain a rifle or shotgun in a state contiguous
to this state if the transfer complies with federal law and the
laws of both states.
History: 1971 c. 39.
175.35 Waiting period for purchase of handguns.
(1) In this section:
(ag) “Criminal history record” includes information reported
to the department under s. 938.396 (8) that indicates a person was
adjudicated delinquent for an act that if committed by an adult in
this state would be a felony.
(ar) “Firearms dealer” means any person engaged in the business
of importing, manufacturing or dealing in firearms and having
a license as an importer, manufacturer or dealer issued by the
U.S. department of the treasury.
(at) “Firearms restrictions record search” means a search of
department of justice records to determine whether a person seeking
to purchase a handgun is prohibited from possessing a firearm
under s. 941.29. “Firearms restriction record search” includes a
criminal history record search, a search to determine whether a
person is prohibited from possessing a firearm under s. 51.20 (13)
(cv), a search to determine whether the person is subject to an
injunction under s. 813.12 or 813.122, or a tribal injunction, as
defined in s. 813.12 (1) (e), issued by a court established by any
federally recognized Wisconsin Indian tribe or band, except the
Menominee Indian tribe of Wisconsin, that includes notice to the
respondent that he or she is subject to the requirements and penalties
under s. 941.29 and that has been filed with the circuit court
under s. 806.247 (3), and a search to determine whether the person
is prohibited from possessing a firearm under s. 813.125 (4m).
(b) “Handgun” means any weapon designed or redesigned, or
made or remade, and intended to be fired while held in one hand
and to use the energy of an explosive to expel a projectile through
a smooth or rifled bore.
(c) “Working day” means each day except Saturday, Sunday
or a legal holiday under s. 895.20.
(2) When a firearms dealer sells a handgun, he or she may not
transfer possession of that handgun to any other person until all of
the following have occurred:
(a) The transferee has provided identification as required by
rule under sub. (2g) (a).
(b) The transferee has completed the notification form
described in sub. (2g) (b).
(c) The firearms dealer has conveyed the information from the
completed notification form to the department of justice as
required by rule under sub. (2g) (b) and requested a firearms
restrictions record search.
(d) Forty−eight hours, subject to extension under sub. (2g) (c)
4. c., have elapsed from the time that the firearms dealer has
received a confirmation number regarding the firearms restrictions
record search under sub. (2g) (c) from the department of justice
and the firearms dealer has not been notified that the transfer
would be in violation of s. 941.29.
(2e) When a transferee completes the notification form
described in sub. (2g) (b), the transferee shall provide truthful
information.
(2f) When a firearms dealer requests that the department of
justice provide a firearms restrictions record search under sub.
(2g), he or she shall provide truthful information about his or her
status as a firearms dealer and shall provide an accurate firearms
dealer identification number obtained under sub. (2h). A person
may request that the department provide a firearms restrictions
record search under sub. (2g) only if he or she is a firearms dealer.
(2g) (a) The department of justice shall promulgate rules prescribing
procedures for a transferee to provide and a firearms
dealer to inspect identification containing a photograph of the
transferee.
(b) The department of justice shall promulgate rules prescribing
a notification form for use under sub. (2) requiring the transferee
to provide his or her name, date of birth, gender, race and
social security number and other identification necessary to permit
an accurate firearms restrictions record search under par. (c)
3. and the required notification under par. (c) 4. The department
of justice shall make the forms available at locations throughout
the state.
(c) The department of justice shall promulgate rules for firearms
restrictions record searches regarding transferees under sub.
(2), including procedures for all of the following:
1. A firearms dealer to convey the information from a completed
notification form to the department using a toll−free telephone
number provided by the department.
2. The department to provide the firearms dealer with a confirmation
number confirming the receipt of the information under
subd. 1.
3. The department to conduct the firearms restrictions record
search regarding the transferee. The rules shall include, but not
be limited to, a requirement that the department use the transaction
information for management of enforcement system and the
national crime information center system.
4. The department to notify the dealer, either during the initial
telephone call or as soon thereafter as practicable, of the results of
the firearms restrictions record search as follows:
a. If the search indicates that the transferee is prohibited from
possessing a firearm under s. 941.29, the department shall provide
the firearms dealer with a unique nonapproval number. The
department may not disclose to the firearms dealer the reason the
transferee is prohibited from possessing a firearm under s. 941.29.
b. If the search indicates that the transferee is not prohibited
from possessing a firearm under s. 941.29, the department shall
provide the firearms dealer with a unique approval number.
c. If the search indicates a felony charge without a recorded
disposition, the deadline under sub. (2) (d) is extended to the end
of the 3rd complete working day commencing after the day on
which the finding is made. The department shall notify the firearms
dealer of the extension as soon as practicable. During the
extended period, the department shall make every reasonable
effort to determine the disposition of the charge and notify the firearms
dealer of the results as soon as practicable.
(2h) Upon the request of any firearms dealer, the department
of justice shall provide that firearms dealer with a unique firearms
dealer identification number for use under this section.
(2i) The department shall charge a firearms dealer an $8 fee
for each firearms restrictions record search that the firearms dealer
requests under sub. (2) (c). The firearms dealer may collect the fee
from the transferee. The department may refuse to conduct firearms
restrictions record searches for any firearms dealer who fails
to pay any fee under this subsection within 30 days after billing by
the department.
(2j) A firearms dealer shall maintain the original record of all
completed notification forms and a record of all confirmation
numbers and corresponding approval or nonapproval numbers
that he or she receives regarding firearms restrictions record
searches under sub. (2g). The firearms dealer shall mail the duplicate
copy of each completed notification form to the department
of justice.
(2k) (ag) In this subsection:
1. “Law enforcement agency of a physically adjacent state”
has the meaning given in s. 175.46 (1) (b).
2. “Wisconsin law enforcement agency” means a governmental
unit of one or more persons employed by this state or a political
subdivision of this state for the purpose of preventing and detecting
crime and enforcing state laws or local ordinances, employees
of which unit are authorized to make arrests for crimes while acting
within the scope of their authority.
(ar) Except as provided in pars. (b) to (j) and as necessary to
administer this section, the department of justice shall do all of the
following:
1. Deny access to any record kept under this section.
2. Check each duplicate notification form received under sub.
(2j) against the information recorded by the department regarding
the corresponding request for a firearms restrictions record search
under sub. (2g). If the department previously provided a unique
approval number regarding the request and nothing in the duplicate
completed notification form indicates that the transferee is
prohibited from possessing a firearm under s. 941.29, the department
shall destroy all records regarding that firearms restrictions
record search within 30 days after receiving the duplicate form.
(b) Notwithstanding par. (ar), the department of justice may
maintain all of the following:
1. Records necessary to comply with federal law.
2. a. Except as provided in subd. 2. b., a log of dates of
requests for firearms restrictions record searches under sub. (2g)
together with confirmation numbers, unique approval and nonapproval
numbers and firearms dealer identification numbers corresponding
to those dates.
b. Within 3 years after the department issues a unique
approval number, the department shall destroy all corresponding
information contained in the log under subd. 2. a.
3. Records necessary to administer this section.
(c) Notwithstanding par. (ar), the department of justice shall
provide access to any record under this section under all of the following
circumstances:
1. The department of justice receives a record request that is
submitted in writing by a Wisconsin law enforcement agency.
2. The request submitted under subd. 1. appears on the Wisconsin
law enforcement agency’s letterhead and contains all of the
following:
a. A statement that the Wisconsin law enforcement agency is
conducting an investigation of a crime in which a handgun was
used or was attempted to be used or was unlawfully possessed.
b. A statement by a division commander or higher authority
within the Wisconsin law enforcement agency that he or she has
a reasonable suspicion that the person who is the subject of the
information request has obtained or is attempting to obtain a handgun.
c. The signature of a division commander or higher authority
within the Wisconsin law enforcement agency.
(d) Whenever a Wisconsin law enforcement agency makes a
request for information under par. (c), the agency shall report to
the subject of the information request the fact that a request has
been made and the name of the Wisconsin law enforcement
agency that made the request. The agency shall make the report
whenever the earliest of the following occurs:
1. The person who is the subject of the information request
under par. (c) 2. b. is no longer material to the investigation conducted
under par. (c) 2. a.
2. The Wisconsin law enforcement agency has completed its
investigation under par. (c) 2. a.
3. One year after the date that the Wisconsin law enforcement
agency made the request under par. (c).
(e) A Wisconsin law enforcement agency may disclose information
that is provided by the department of justice under par. (c)
to another law enforcement agency. If there is a request for information
from a requester other than a law enforcement agency, the
Wisconsin law enforcement agency shall not disclose information
to the requester that is provided by the department of justice under
par. (c). If there is a request by a requester other than a law
enforcement agency to copy or inspect any record of the Wisconsin
law enforcement agency that contains that information, the
agency, acting under s. 19.36 (6), shall delete any portion of the
record that relates to that information before release.
(f) A Wisconsin law enforcement agency that is provided
access to a record under par. (c) shall destroy all corresponding
information contained in the record when the earliest of the following
occurs:
1. The person who is the subject of the information request
under par. (c) 2. b. is no longer material to the investigation conducted
under par. (c) 2. a.
2. The Wisconsin law enforcement agency has completed its
investigation under par. (c) 2. a.
3. One year after the date the Wisconsin law enforcement
agency made the request under par. (c).
(g) If a search conducted under sub. (2g) indicates that the
transferee is prohibited from possessing a firearm under s. 941.29,
the attorney general or his or her designee may disclose to a law
enforcement agency that the transferee has attempted to obtain a
handgun.
(h) If a search conducted under sub. (2g) indicates a felony
charge without a recorded disposition and the attorney general or
his or her designee has reasonable grounds to believe the transferee
may pose a danger to himself, herself or another, the attorney
general or his or her designee may disclose to a law enforcement
agency that the transferee has obtained or has attempted to obtain
a handgun.
(i) The department of justice may not charge a fee for any services
that the department provides under pars. (c) to (j).
(j) If a law enforcement agency of a physically adjacent state
makes a request under par. (c), the department shall comply with
the request under all of the following circumstances:
1. The law enforcement agency of the physically adjacent
state agrees to comply with all the requirements under this subsection.
2. The physically adjacent state allows Wisconsin law
enforcement agencies similar or greater access to similar information
from that physically adjacent state.
(2L) The department of justice shall promulgate rules providing
for the review of nonapprovals under sub. (2g) (c) 4. a. Any
person who is denied the right to purchase a handgun because the
firearms dealer received a nonapproval number under sub. (2g) (c)
4. a. may request a firearms restrictions record search review
under those rules. If the person disagrees with the results of that
review, the person may file an appeal under rules promulgated by
the department.
(2t) This section does not apply to any of the following:
(a) Transfers of any handgun classified as an antique by regulations
of the U.S. department of the treasury.
(b) Transfers of any handgun between firearms dealers or
between wholesalers and dealers.
(c) Transfers of any handgun to law enforcement or armed services
agencies.
(3) Any person who intentionally violates sub. (2), (2e), (2f)
or (2j) shall be fined not less than $500 nor more than $10,000 and
may be imprisoned for not more than 9 months.
History: 1975 c. 167; 1991 a. 11; 1993 a. 16, 195, 196; 1995 a. 71, 77, 159, 306.
Cross Reference: See also ch. Jus 10, Wis. adm. code.
175.37 Warning whenever transferring a firearm.
(1) Upon the retail commercial sale or retail commercial transfer
of any firearm, the seller or transferor shall provide to the buyer
or transferee the following written warning in block letters not less
than one−fourth inch in height: “IF YOU LEAVE A LOADED
FIREARM WITHIN THE REACH OR EASY ACCESS OF A
CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF
THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR
EXHIBITS THE FIREARM.”
(2) Any person who violates sub. (1) may be fined not more
than $500 or imprisoned for not more than 30 days or both.

Link Posted: 8/9/2005 11:50:36 AM EDT
Glenn, just got this back from P Thomas H. Van Haren, Conservation Warden/NR Policy Officer, Bureau of Law Enforcement, WDNR


Mark, the requirement for the minimum barrel and overall length for rifles and shotguns in our Wisconsin Hunting Regulations is simply based on the statutory language you found in s. 941.28, WIs. Stats. We do not have a specific rule that says a person may not hunt with a shotgun or rifle that is less then these lengths if a person has the proper Federal permit that allows the person to possess and use such a firearm. The restrictions on minimum caliber and shot gun gauges for hunting would still apply.




So there is an official responce from the DNR on hunting with an SBR/SBS. Exactly like you said.
Link Posted: 8/9/2005 7:21:55 PM EDT
[Last Edit: 8/9/2005 7:22:32 PM EDT by glenn_r]
Thanks for the info, Photoman & Tapperman. I've updated the information post in the middle of this thread.

What else should be included?
Link Posted: 8/11/2005 11:57:49 AM EDT
[Last Edit: 8/11/2005 11:58:02 AM EDT by photoman]
Glenn would you be willing to email the DNR guy and ask about the no hunting with an MG reg. I'm guessing that it's the same way as the SBR/SBS thing in that it referances 941.27. Not that I would actually do it like I would with an SBR, but it would be interesting to see what the responce would be. It question might sound better comming from you then from me.
Link Posted: 8/11/2005 1:12:26 PM EDT


The public land hunting I've done--well, I'm not convinced the "auto" switch would make any difference--the rate of fire sounds the same
Link Posted: 8/11/2005 3:40:59 PM EDT

Originally Posted By glenn_r:


The public land hunting I've done--well, I'm not convinced the "auto" switch would make any difference--the rate of fire sounds the same



i hear ya on that.
Link Posted: 8/15/2005 7:50:08 PM EDT
bump for more updates
Link Posted: 8/16/2005 7:22:47 PM EDT
Regarding firearms in state parks - I have been wondering about this for a while and finally found the statute. I didn't see this one posted above, sorry if it's a dupe.

29.089(2)
(2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.

The exception is for hunting:
29.089(3)
(3) A person may hunt deer, elk, wild turkeys, or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of game.
Link Posted: 8/17/2005 5:26:48 AM EDT
Good one, ShadowK, I added it.
Link Posted: 9/15/2005 5:16:13 AM EDT
bump for two updates

1) firearms and vehicles

2) gun-free school zones

I can't think of much else to add. If anyone has topic suggestions, please let me know. Otherwise, bulletcatchR, should I post a clean copy of this in a week or two that could be tacked? IM me and let me know.
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