Posted: 6/24/2005 3:54:03 PM EDT
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My father is now moving to WI and I told him I would get the low down on the gun laws.. Anything he should watch out for? Carrying in his car? and weird laws? I know you dont have CCW which is a major bummer... |
| in a car it must be unloaded (a full magazine in the gun without one in the chamber still counts as loaded) and locked in a case. Others have said the gun must be not near the driver (some even say in a seperate part of the car) but that can be kind of tough if you're in a pickup or something without a trunk. |
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Wisconsin law does permit you to carry a gun in public. You just cant conceal it. So if you want to protect yourself in, say, walking around Milwaukee, you have a handgun that is not concealed such as a thigh holster or hip holster. This may pose a problem though, because if people see you strapping a gun, they will probably call the cops and even though it is legal, you will probably get a fine for endangering the public, disturbing the public, or some other crap like that. So while it is legal to open carry, dont do it. Other than that, and no CCW and 48 hour handgun waiting period, Wisconsin has GREAT laws (sarcasm). |
The gun has to be enclosed in a case (and unloaded as you describe). The case does not need to be locked. I've heard people say that it has to be 'out of the drivers' reach', 'in the trunk', etc. But I've never found any law that says this. Just unloaded and enclosed in a case. |
Technically if it's in the passenger compartment, even unloaded/encased, an argument could be made for CCW violation. The firearm is still classified as a weapon even though it's unloaded. What most people don't understand is that 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 according to a LE instructor/lawyer, the CCW law could still be applied. Yes, the whole situation is stupid. Can I brighten anyone else's day? 
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Thats becouse most LE are smart enuf to know a gun case when they see one. Lets face it a gun case looks like a gun case. Now if you were to make up a gun case that looked like say a table or something (just grabbing item out of the air) then you might have a problem. |
So your instructor offered this opinion with no cases to back it up? Sounds like a major stretch to me. Seems like by that logic, walking down the sidewalk, carrying a firearm in a case, unloaded 'could' be a CCW violation. Technically, the written laws might be interpreted like this, but I'm not holding my breath to see anyone convicted of this. Not trying to bust your chops, Glenn. Thanks for passing on the info. Just my opinion. |
Like I said, I've never heard of anyone getting in trouble over this, but yes, that walk would be a technical violation. I used to carry a revolver, cased/unloaded, under my seat, with speedloaders in the same case, and never lost any sleep over it. I just thought I'd mention it so everyone can have the complete picture. |
Yes. That was what one of the SC justices asked the ADA. He confirmed that it could be construed as a "technical" violation, but that it probably wouldn't be prosecuted. 
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If the mag is in the same case or bag the gun can be concidered loaded because the mag is part of the gun not true with speed loaders for a wheel gun they are not a part of the gun this came from Jim Frendy of firearms tech a local lobiest |
Never heard that one before. It wouldn't be interpreted that way where I work, and I don't believe the DNR interprets it that way during deer season... |