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11/20/2019 5:07:11 PM
Posted: 7/11/2010 7:55:08 PM EST
I am wondering the legalities of open carry while riding a bike(motorized or man powered)
i suppose the gun free school zone rules would still apply?
or would that not fall under transporting the firearm from point A to B? granted you cant go on to school property to say pick up a child, but if you drive by the school on a bike, would that be legal?
Link Posted: 7/12/2010 2:48:38 AM EST
Originally Posted By par0thead151:
I am wondering the legalities of open carry while riding a bike(motorized or man powered)
i suppose the gun free school zone rules would still apply?
or would that not fall under transporting the firearm from point A to B? granted you cant go on to school property to say pick up a child, but if you drive by the school on a bike, would that be legal?


Open carry on a motor vehicle is in violation of the cased/loaded weapon in a vehicle laws. This includes ANY motor vehicle, including motorized scooters, lawnmowers, etc. There are certain exceptions for handicapped individuals with a disabled hunting permit.

Man powered, i.e. Bicycle? I don't think you'd be in violation.
Link Posted: 7/12/2010 7:39:14 AM EST
[Last Edit: 7/12/2010 7:46:53 AM EST by Interceptor_Knight]
Originally Posted By par0thead151:
I am wondering the legalities of open carry while riding a bike(motorized or man powered)
i suppose the gun free school zone rules would still apply?
or would that not fall under transporting the firearm from point A to B? granted you cant go on to school property to say pick up a child, but if you drive by the school on a bike, would that be legal?


You may not Open Carry on any vehicle. For this Statute It does not need a motor to be a vehicle. According to the definition, your kid's Red Ryder wagon is a vehicle as it can be pulled down the highway.
Horseback or on the shoulders of a friend are the only things you may ride and Open Carry....

167.31 Safe use and transportation of firearms and
bows.
(2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
ROADWAYS.
(b) Except as provided in sub. (4), no person may place, possess
or transport a firearm, bow or crossbow in or on a vehicle,
unless the firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
(h) “Vehicle” has the meaning given in s. 340.01 (74), and
includes a snowmobile, as defined in s. 340.01 (58a), and an electric
personal assistive mobility device, as defined in s. 340.01
(15pm),

340.01 Words and phrases defined
(74) “Vehicle” means every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway,
except railroad trains.


Link Posted: 7/12/2010 7:50:29 AM EST
There are at least 2 incidents in the news over the past year where an individual was Open Carrying on a bicycle and the only thing that the police were concerned about was whether or not they were in a GFSZ. I would not use these incidents to assume that no LEO would enforce this Statute for a bicycle.
Link Posted: 7/12/2010 9:52:11 AM EST

Originally Posted By Interceptor_Knight:
There are at least 2 incidents in the news over the past year where an individual was Open Carrying on a bicycle and the only thing that the police were concerned about was whether or not they were in a GFSZ. I would not use these incidents to assume that no LEO would enforce this Statute for a bicycle.

... until they dig around long enough to find SOMETHING to charge the OC-er with.
Link Posted: 7/13/2010 5:26:06 AM EST
[Last Edit: 7/13/2010 5:39:06 AM EST by rfb45colt]
Originally Posted By Interceptor_Knight:
Originally Posted By par0thead151:
I am wondering the legalities of open carry while riding a bike(motorized or man powered)
i suppose the gun free school zone rules would still apply?
or would that not fall under transporting the firearm from point A to B? granted you cant go on to school property to say pick up a child, but if you drive by the school on a bike, would that be legal?


You may not Open Carry on any vehicle. For this Statute It does not need a motor to be a vehicle. According to the definition, your kid's Red Ryder wagon is a vehicle as it can be pulled down the highway.
Horseback or on the shoulders of a friend are the only things you may ride and Open Carry....

167.31 Safe use and transportation of firearms and
bows.
(2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
ROADWAYS.
(b) Except as provided in sub. (4), no person may place, possess
or transport a firearm, bow or crossbow in or on a vehicle,
unless the firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
(h) “Vehicle” has the meaning given in s. 340.01 (74), and
includes a snowmobile, as defined in s. 340.01 (58a), and an electric
personal assistive mobility device, as defined in s. 340.01

(15pm),

340.01 Words and phrases defined
(74) “Vehicle” means every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway,
except railroad trains.




So a disabled person with a motorized wheel chair or one of those "hover-rounds" advertised on TV can't exercise a fundamental right of self-defense???

I'd really like to see this one go before a court.

edit: definition of (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.


Link Posted: 7/13/2010 5:44:13 AM EST
Originally Posted By rfb45colt:
So a disabled person with a motorized wheel chair or one of those "hover-rounds" advertised on TV can't exercise a fundamental right of self-defense???

I'd really like to see this one go before a court.

edit: definition of (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.


Yes, but no. My father has a scooter. When we're hunting, he has to keep the weapon unloaded and encased until he stops moving. Once he is stopped, he can uncase and load up.

Self defense? No chance
Link Posted: 7/13/2010 5:42:31 PM EST
I was told by local LEO's that bicycle riding while open carrying is legal. But hey, I'm up in the sticks, and our way of doing things isn't the "norm" around the state.
Link Posted: 7/15/2010 8:25:34 PM EST
I've asked several Game Wardens and it is illegal to carry a gun or a bow on a pedal bike unless it is unloaded and cased. It sure is a stupid law but none the less it is a law.
Link Posted: 7/16/2010 3:38:41 AM EST

Originally Posted By reelman:
I've asked several Game Wardens and it is illegal to carry a gun or a bow on a pedal bike unless it is unloaded and cased. It sure is a stupid law but none the less it is a law.

Ask several game wardens is it is legal to hunt with an SBR and get back to us...... I am willing to be at least one tells you it is illegal to even POSSESS an SBR, and another says no.


Just cause that are Wardens does not nessecarily mean they know the law as well as they think.
Link Posted: 7/16/2010 6:15:34 PM EST
Originally Posted By sprayandpray:

Originally Posted By reelman:
I've asked several Game Wardens and it is illegal to carry a gun or a bow on a pedal bike unless it is unloaded and cased. It sure is a stupid law but none the less it is a law.

Ask several game wardens is it is legal to hunt with an SBR and get back to us...... I am willing to be at least one tells you it is illegal to even POSSESS an SBR, and another says no.


Just cause that are Wardens does not nessecarily mean they know the law as well as they think.


Very good point and I agree with you that Wardens, and Cops, do not always know the laws but on this one I did quite a bit of digging including contacting Mike Lutz who is the DNR's Chief Legal Counsol and he agreed that having and uncased gun is illegal on ANY vehicle with wheels, and many without wheels, so riding a bike with and uncased gun is considered illegal.

I would like to know about using an SBR for hunting also. The Warden I asked said it was illegal, but then I also had one tell me it was legal???

Link Posted: 7/16/2010 7:53:13 PM EST
[Last Edit: 7/16/2010 7:53:57 PM EST by NAM]
Originally Posted By reelman:
I would like to know about using an SBR for hunting also. The Warden I asked said it was illegal, but then I also had one tell me it was legal???


(verbiage of letter was borrowed from another arfcommer, I submitted a similarly worded letter with my name on it, to cover my butt. Bottom line: If you can legally posess an SBR, you can hunt with it)

A peace officer would not generally be allowed to possess short-barreled shotguns or rifles unless their agency authorizes them to do so. Most LE agencies require some form of authorization before they allow their officers to carry firearms on or off duty. This authorization is based on training, qualification, and need.

Simply being a peace officer is not a reason to violate s. 941.28(4) and as stated above, an officer may only carry such a firearm if authorized by their agency.

In the case that you may legally possess a short-barreled shotgun or rifle, we have no code or statute prohibiting you from using it to hunt with.

Michelle Carlisle
Wildlife Rules and Regulations Assistant
Bureau of Wildlife Management
Wisconsin Department of Natural Resources
(() phone: 608-266-7359
(() fax: 608-267-7857
(+) e-mail: michelle.carlisle@dnr.state.wi.us
––––-Original Message––––-
From: NAM
Sent: Sunday, January 29, 2006 1:37 PM
To: Carlisle, Michelle M.
Subject: Clarification on the legality of short barreled rifles and shot guns for hunting.

Ma'am,

I'd like to get some clarification of the use of short barreled rifles and shotguns for hunting in Wisconsin.
The Game regs state that rifles "Must have an overall 26" minimum length with 16" minimum barrel length."
and that shotguns "Must have an overall 26" minimum length with 18" minimum barrel length." My question is if these regulations are based on state statute 941.28? Or some other enforceable law that I have not been able to find yet. If it is based on state statute 941.28 and you are in legal possession of the firearm in accordance with 941.28(4) as quoted below, would you be able to legally hunt with that firearm? Or is there a separate enforceable law that deals specifically with hunting with short barreled rifles and shotguns??

Thank you for your help!
Link Posted: 7/17/2010 4:17:39 AM EST

Originally Posted By reelman:
Originally Posted By sprayandpray:

Originally Posted By reelman:
I've asked several Game Wardens and it is illegal to carry a gun or a bow on a pedal bike unless it is unloaded and cased. It sure is a stupid law but none the less it is a law.

Ask several game wardens is it is legal to hunt with an SBR and get back to us...... I am willing to be at least one tells you it is illegal to even POSSESS an SBR, and another says no.


Just cause that are Wardens does not nessecarily mean they know the law as well as they think.


Very good point and I agree with you that Wardens, and Cops, do not always know the laws but on this one I did quite a bit of digging including contacting Mike Lutz who is the DNR's Chief Legal Counsol and he agreed that having and uncased gun is illegal on ANY vehicle with wheels, and many without wheels, so riding a bike with and uncased gun is considered illegal.

I would like to know about using an SBR for hunting also. The Warden I asked said it was illegal, but then I also had one tell me it was legal???


Show me the money......


Where is the ACTUAL WRITTEN LAW and how does it describe motor vehicles?
Link Posted: 7/17/2010 5:22:16 AM EST
[Last Edit: 7/17/2010 5:24:16 AM EST by rfb45colt]
Originally Posted By sprayandpray:


Where is the ACTUAL WRITTEN LAW and how does it describe motor vehicles?


http://www.legis.state.wi.us/statutes/Stat0340.pdf

Scroll down to page 8, paragraph 74.

Statute 167.31 doesn't say "motor" vehicle. It just says "vehicle".
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=167.31

Until this thread, I always assumed (as I think you do too) that statute 167.31 ONLY applied to MOTORIZED vehicles. I was wrong.... it applies to any "vehicle", and those are defined in the link above. I think this is a stupid law, but it's the law.

The only mention of motors in the statue (167.31) is in the boat section. It is legal to have an uncased and loaded firearm in a boat with a motor, as long as the motor is not running and all motion caused by the motor has ceased. This is an obvious concession to duck hunters who hunt from boats.
Link Posted: 7/17/2010 4:51:59 PM EST

Originally Posted By rfb45colt:
Originally Posted By sprayandpray:


Where is the ACTUAL WRITTEN LAW and how does it describe motor vehicles?


http://www.legis.state.wi.us/statutes/Stat0340.pdf

Scroll down to page 8, paragraph 74.

Statute 167.31 doesn't say "motor" vehicle. It just says "vehicle".
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=167.31

Until this thread, I always assumed (as I think you do too) that statute 167.31 ONLY applied to MOTORIZED vehicles. I was wrong.... it applies to any "vehicle", and those are defined in the link above. I think this is a stupid law, but it's the law.

The only mention of motors in the statue (167.31) is in the boat section. It is legal to have an uncased and loaded firearm in a boat with a motor, as long as the motor is not running and all motion caused by the motor has ceased. This is an obvious concession to duck hunters who hunt from boats.

And there you have it , this state is even more retarded in its gun laws then I though possible......
Link Posted: 7/19/2010 5:15:03 PM EST
/golfclap for WI gun laws.
Link Posted: 7/20/2010 7:27:56 AM EST
[Last Edit: 7/20/2010 7:28:22 AM EST by Interceptor_Knight]
Originally Posted By sprayandpray:
Show me the money......


Where is the ACTUAL WRITTEN LAW and how does it describe motor vehicles?


The second time on this page......

167.31 Safe use and transportation of firearms and
bows.
(2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
ROADWAYS.
(b) Except as provided in sub. (4), no person may place, possess
or transport a firearm, bow or crossbow in or on a vehicle,
unless the firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
(h) “Vehicle” has the meaning given in s. 340.01 (74), and
includes a snowmobile, as defined in s. 340.01 (58a), and an electric
personal assistive mobility device, as defined in s. 340.01
(15pm),

340.01 Words and phrases defined
(74) “Vehicle” means every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway,
except railroad trains.
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