Posted: 6/10/2006 12:09:10 PM EDT
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Glenn, What are the rules concerning carrying a gun in the car? Where must gun be? unlaoded I am pretty sure but what does that mean? Can there be a loaded mag in the gun provided there is and empty chamber? Are the rules different for a long gun? |
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Covered in this thread. Here's the legally correct gist:
ETA: And in case you missed it above:
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[sarcasm] Oh yes, I agree. Let's all forgo our Constitutional rights so that we don't inconvenience a cop who doesn't know or doesn't care about the law. [/sarcasm] |
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From the legal FAQ at the top of the forum 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 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 to the "unloaded & encased" law: 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 (but not attached to the gun) 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.. Hope this helps. |