Posted: 8/18/2011 7:19:41 PM EDT
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Everyone, For a variety of reasons, I will not be rewriting the FAQ. Anyone who wishes may take a stab at it. |
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Firearms and minors 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. I do not recall ever seeing a barrel length of 12" being mentioned in any Statute. Regardless of barrel length, a person under 18 years of age may not hunt with a handgun. They may only possess a handgun during target practice or training with a parent/guardian or someone designated by the parent/guardian. 948.60(3)(a) is the target practice and training exception. 948.60(3)(c) is the long gun exception which allows a minor to hunt with (AND otherwise possess) a rifle or shotgun. A minor is further restricted by 29.304. A private party may sell or give a rifle or shotgun to and someone 16-17 may possess a rifle or shotgun for hunting, defense or any other lawful purpose anywhere it is not otherwise prohibited (in school, etc) so long as (as required by 29.304) they have been: issued a certificate of accomplishment that states that he
or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department 948.60 Possession of a dangerous weapon by a person under 18.
(3)(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28. |
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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 As of the effective date of Act 35 changes, a case no longer needs to be "expressly made for the purpose of containing a firearm" 167.31 (1) (b) “Encased” means enclosed in a case
that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed |
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Statute 29.312 carved out an exception for target practice during the 24 hours before the 9 day gun deer season on private property for land owners and their parents, siblings, children and spouses whether or not they live on the property.
There is currently a typo in the paper "rule" books which states that the immediate family as defined must reside on the land. I have been informed by a DNR representative that this typo will be changed for next year. I called them when I found the typo and it took 2 weeks or so for them to investigate, consulting their lawyer and get back to me. They agreed that it was a typo. |
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Thanks Glenn. You are the Man. Agreed, though I vote to hold off on updating things officially until the legislature reconvenes and takes up UoF, and/or the DOJ fleshes out the administrative code on CCW.  I am watching HERE for new Admin Code... |
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Thanks Glenn. You are the Man. Agreed, though I vote to hold off on updating things officially until the legislature reconvenes and takes up UoF, and/or the DOJ fleshes out the administrative code on CCW. Yeah, I agree on that, but my progress on this is not going to be measured in hours. 
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So here's the thing about OC without a permit and carrying in a vehicle:
If I do not have a CCW license how do I transport weapons in a vehicle?
A. Handguns The law now allows a person to do the following without a CCW permit: • place, possess, or transport a handgun in a vehicle without being unloaded or encased. Wis. Stats. § 167.31(2)(b). • load a handgun in a vehicle. Wis. Stats. § 167.31(2)(c). • operate an all-terrain vehicle (ATV) with a handgun in the operator’s possession. Wis. Stat. § 23.33(3)(a). • place, possess, or transport a handgun in or on a motorboat with the motor running without being unloaded or encased. Wis. Stats. § 167.31(2)(a), (b), (c). • place, possess, or transport a handgun in or on a noncommercial aircraft. IMPORTANT NOTE: Persons who do not have a CCW license may still not carry weapons concealed. In a vehicle this means that the firearm cannot be hidden or concealed and within reach. Remember that current case law indicates that a firearm essentially anywhere inside the vehicle within reach and basically below the window line is considered "concealed". So in a holster on your side while you're sitting in the car, sitting on the seat, etc, is still considered concealed. |
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We may want to carefully word the MG law/ruling. No laws have changed regarding machineguns since 1974, but the ATF recently changed their interpretation of the law. Up until February, any MG was ok (except those adapted for pistol caliber cartridges for a manifestly non-agressive/non-offensive purpose), no LEO approval needed beyond the normal form 4.
I think we need to push to have that law updated to make any NFA registered MG legal. The current law's wording comes from the 1933 Uniform Machinegun Act, which predates NFA. I think it's about time we updated that ;-) |
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We may want to carefully word the MG law/ruling. No laws have changed regarding machineguns since 1974, but the ATF recently changed their interpretation of the law. Up until February, any MG was ok (except those adapted for pistol caliber cartridges for a manifestly non-agressive/non-offensive purpose), no LEO approval needed beyond the normal form 4. I think we need to push to have that law updated to make any NFA registered MG legal. The current law's wording comes from the 1933 Uniform Machinegun Act, which predates NFA. I think it's about time we updated that ;-) +1 Wisconsin law does not recognize the NFA for machine gun ownership. Wisconsin, a sovereign state, has it's own rules and in characteristic fashion, the ATF really struggles with this concept. |
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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. Would this include placing an unloaded gun on the open tailgate of a truck? Example, unload the shotgun, place it on the tailgate, retrieve the case from the truck bed or backseat, case the gun. The way that reads, it sounds like leaning the gun against the vehicle is the only permited action with a vehicle while it is uncased. Thanks, looks to be a very useful thread. |
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+1 Wisconsin law does not recognize the NFA for machine gun ownership. Wisconsin, a sovereign state, has it's own rules and in characteristic fashion, the ATF really struggles with this concept. 
. . No where will you find that WI law carves out exceptions to the NFA. WI law is simply more stringent when it comes to "machine guns adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive" . The NFA is forcing people to comply with their interpretation of this more stringent WI law.... 
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