Posted: 7/11/2006 7:36:22 PM EDT
| Hey guys I'm sure I read this somewhere, It is legal to carry loaded mags in the case with my gun as long as the gun isn't loaded or have a loaded mag in it. Am I ok doing this? or is it just better to carry the mags unloaded? |
|
http://www.legis.state.wi.us/statutes/Stat0167.pdf Updated 03−04 Wis. Stats. Database UNOFFICIAL TEXT 167.31 Safe use and transportation of firearms and bows. (1) DEFINITIONS. In this section: (a) “Aircraft” has the meaning given under s. 114.002 (3). (b) “Encased” means 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. (bg) “Family member of the landowner” means a person who is related to the landowner as a parent, child, spouse, or sibling. (bn) “Farm tractor” has the meaning given in s. 340.01 (16). (c) “Firearm” means a weapon that acts by force of gunpowder. (d) “Highway” has the meaning given under s. 340.01 (22). (dm) “Implement of husbandry” has the meaning given in s. 340.01 (24). (e) “Motorboat” has the meaning given under s. 30.50 (6). (em) “Peace officer” has the meaning given in s. 939.22 (22). (et) “Private security person” has the meaning given in s. 440.26 (1m) (h). NOTE: Par. (et) is created eff. 11−1−06 by 2005 Wis. Act 169. (f) “Roadway” has the meaning given under s. 340.01 (54). (fm) “Street” means a highway that is within the corporate limits of a city or village. (fr) “Transmission facility” means any pipe, pipeline, duct, wire, cable, line, conduit, pole, tower, equipment, or other structure used to transmit or distribute electricity to or for the public or to transmit or distribute communications or data to or from the public. NOTE: Par. (fr) is created eff. 11−1−06 by 2005 Wis. Act 169. (g) “Unloaded” means any of the following: 1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.2. In the case of a cap lock muzzle−loading firearm, having the cap removed. 3. In the case of a flint lock muzzle−loading firearm, having the flashpan cleaned of powder. (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), except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle” has the meaning given for “motor vehicle” in s. 29.001 (57). (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND ROADWAYS. (a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.(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. (c) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle. (d) Except as provided in sub. (4) (a), [(bg),] (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway. NOTE: The bracketed language was erroneously deleted by 2005 Wis Act 253. Corrective legislation is pending. (e) A person who violates pars. (a) to (d) is subject to a forfeiture of not more than $100. (3) PROHIBITIONS; AIRCRAFT. (a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on an aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case. (b) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from an aircraft. (c) A person who violates par. (a) or (b) shall be fined not more than $1,000 or imprisoned not more than 90 days or both. (3m) PROHIBITIONS; TRANSMISSION FACILITIES. (a) Except as provided in sub. (4) (b) and (h), no person may intentionally discharge a firearm in the direction of a transmission facility. (b) A person who violates par. (a) and causes damage to a transmission facility is subject to a forfeiture of not more than $100. (c) In addition to any forfeiture imposed under par. (b), the court shall revoke any hunting license under ch. 29 that is issued to the person found in violation for a period of one year. (d) In addition to any forfeiture imposed under par. (b) and the revocation required under par. (c), the court shall enter a restitution order that requires the defendant to pay to the owner of the transmission facility the reasonable cost of the repair or replacement of the transmission facility. NOTE: Sub. (3m) is created eff. 11−1−06 by 2005 Wis. Act 169. (4) EXCEPTIONS. (a) Subsections (2) and (3) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway: 2. A member of the U.S. armed forces. 3. A member of the national guard. 4. A private security person who meets all of the following requirements: NOTE: Su From what I can tell it is legal to have loaded mags in the case as long as they are not in the gun. |
|
while the letter of the law allows it. I have spoken with officers that do believe it is illegal and hense you will get the hassle. You might win in court but the lost time of work and the headache of the process and the hiring of a lawyer it might not be worth it. |
As I agree that getting a misinformed LEO would be a hassle that is no reason to not follow the law. You should never comprimes your legal rights due to LE and DA's not knowing the law. The inconvinence that we could have by doing this is well worth it in my opinion. BTH out |
Thad's a CCW just waiting to happen you will get a ticket the mag is part of the firearm if the mag is loaded and in the same case the gun is loaded again every cop I know says this. Now a wheel gun with speed loaders is the way to go. Every year at our annual club meeting Jim Fendrey goes over this |
And every year JF continues to spout his own opinions on the gun laws of this state, rather than what the law actually says.  Folks, this has been covered any number of times here on Arf, and in person at shoots with LEOs. Having loaded mags in the same case as a firearm is legal in WI as long as the mag is not attached to the gun. Whether or not it is a good idea, or if it will get you arrested by a Nut Case Cop™ is personal opinion and speculation. ETA:
Then one of us has misunderstood his opinion. |
Flamethrower, Magazines can't be "attached" to the firearm. I don't recall telling you they have to be in a different compartment. If I did, I apologize, because that's not what the letter of the law says. You could let them rattle around loose in the same compartment as the pistol (but if they slip into the pistol's magazine well, you now are carrying a loaded firearm...). Before I was an LEO, I routinely carried an unloaded revolver under the seat, with a bunch of full speedloaders in the same case, same padded compartment. It met the letter of the law (and probably wouldn't have done me any good, with the time needed to get to it and load it)  I stand by the legal FAQ I wrote, at the top of the forum. 
|
It may be legal but 5 will get you ten that the police WILL issue you a CCW or at least 90% of them if the cop is a gun guy he may just warn or tell you to unload mags and then the is the D.C. charge one size fits all |
The STATE law in IL is that you cannot have any loaded mags. Their law defines that as having a loaded weapon in your possession. I can't quote you the exact place to find it in IL law, but when I went down to BRC I they warned us not to bring loaded mags into IL. |
Might want to double-check that (links for your reference - search away): Summary @ Concealed Carry dot Org Court Case where this was tested out: State V. Brunner Finally, the Illinios Weapons Laws (State Criminal Code) Remember, a WIDL is a valid substitute for a FOID in Illinois. ETA: ...and all bets are off in Chicagoland. Edit 2: From an ISP brochure, entitled "Commonly Asked Questions on Transporting Firearms".:
FWIW, YMMV, IANAL, & all that jazz. |
Sorry Glenn I did not mean to mis quote you or anything. Sorry man. As I remeber it (after actually thinking about it) I think what I asked you was something to the affect Was it ok to keep loaded mags in a different compartment in the same bag? To which you said yes. I stand corrected. Let the record show. |
Glenn = leo=gun guy big difference then you standard new type leo |
|
HKMP5A2, I can't control the actions of other LEO's...but the statute is clear as written. I think most cops are capable of interpreting it correctly. But YMMV and you'll have to deal with the results, so make whatever decision you're most comfortable with. 
Not a problem. If you feel guilty you can buy me a donut next time you see me 
|
|
This thread makes my head hurt. It looks to me like all the work getting the RKBA ammendment and Pre-emption are worthless.  There is a particular set of laws on the books, those laws say nothing about having a loaded magazine in your gun case. But then again, you shouldn't even be required to have a case for your firearm... I am SO glad I got out of that state. 
|
|
Here is the email reply I got from the Racine PD............... Good Afternoon, The law states that a weapon in your car must not be with in reach. I am not aware of any specific law as to whether the magazines must be unloaded. You may want to check with the D.A’s Office. Sgt. Steven Madsen Public Information Officer Racine Police Department |
Congratulations, Sgt. Steve Madsen! You've just earned yourself FMD's Nut Case Cop™ Award. I love it when the PoPo makes stuff up as they go along.
In hindsight... I'm going to disagree with you bud.  ETA: Sigfan, you should reply to the email and ask Sgt. Madsen if he can give you specifically which part of the law he's referencing. His reply (if it comes) would be interesting. 
|