ICarry.org  
 • Home • Downloads • Your Account • Forums • 
Navigation
Site Info v2.2.2
Last SeenLast Seen
Server TrafficServer Traffic
  • Total: 60,451,621
  • Today: 6,006
Server InfoServer Info
  • Jun 26, 2017
  • 05:31 am CDT
 
ICarry.org: Forums

 Forum FAQ  •  Search  •  Memberlist  •  Usergroups   •  Register  •  Profile  •  Log in to check your private messages  •  Log in

 
Post new topicReply to topic
View previous topic Log in to check your private messages View next topic
Author Message
scorpio_vette
Newbie


Joined: Jan 11, 2010
Posts: 23
Location: milwaukee

PostPosted: Mon Mar 29, 2010 4:27 pm Reply with quoteBack to top

TyGuy wrote:
Down in IL also. I am thinking of riding to range soon. I might sling my AR-15 in a soft case across my back. I don't know about the legality of that in WI. My rifle won't fit in my saddles bags.


there is a very gray area that i'm not sure how to approach. basically my understanding of it is that you can have a vehicle UN-cased in a vehicle, but it has to be clearly visible from anywhere outside of the vehicle (so for example hanging from the rear-view mirror, or mounted against the rear hatch glass).

in that case, if you had a bracket on the back of the bike that you could mount your rifle in the vertical position (just my idea for added safety if the barrel is pointing up at the sky), then there would be no way that people couldn't see it. it would be one of the most visible things on the bike.


i've been trying to look into this myself because i would like to be able to take my shotgun to the range on my bike.


unfortunately i'm not quite sure how to proceed with this information to figure out if i can or not.
View user's profileSend private messageAIM AddressYahoo MessengerMSN Messenger
fepowered
Cadet
Cadet


Joined: Sep 25, 2009
Posts: 74

PostPosted: Mon Mar 29, 2010 6:08 pm Reply with quoteBack to top

Current WI law prohibits a firearm from being anything but unloaded and encased when in or on a vehicle.
Since it must be encased, you may travel on a motorcycle with it encased and not be considered concealed. The legally encased firearm is easily discernible by someone in the immediate vicinity of it. If this same firearm is on or under the seat of an automobile, it is not easily discernible by someone in the immediate vicinity and outside of the automobile and arguably hidden and therefore concealed.
Same goes for walking through a school zone with an encased firearm. The manor of carry is explicitly detailed which you must follow. Unloaded and encased. So long as the encased firearm is not hidden from view, you should be good to go.
There are simply no cases which have been brought to our attention for someone being convicted for Concealed Carry when the encased firearm was in plain view on a vehicle (motorcycle, bicycle , tractor, ATV etc)or in the hand of an individual.
View user's profileSend private message
ScottWuerch
County Coordinator
Eau Claire County, WI
County Coordinator<br><b>Eau Claire County, WI</b>


Joined: Nov 08, 2009
Posts: 114
Location: West Central Wisconsin

PostPosted: Mon Mar 29, 2010 9:13 pm Reply with quoteBack to top

[quote="scorpio_vette"]
TyGuy wrote:
unfortunately i'm not quite sure how to proceed with this information to figure out if i can or not.


I'd put it in a case and strap it to the bike. As long as it is in a case, you're good.

Scott

_________________
64,999,987 firearms owners killed no one yesterday
View user's profileSend private messageYahoo Messenger
scorpio_vette
Newbie


Joined: Jan 11, 2010
Posts: 23
Location: milwaukee

PostPosted: Mon Mar 29, 2010 9:31 pm Reply with quoteBack to top

[quote="ScottWuerch"]
scorpio_vette wrote:
TyGuy wrote:
unfortunately i'm not quite sure how to proceed with this information to figure out if i can or not.


I'd put it in a case and strap it to the bike. As long as it is in a case, you're good.

Scott


a shotgun is already long enough, and my shotgun case is even longer. so if i could just mount the gun upright, it would make it so much easier. i'll have to try and find the website with the wisconsin carry laws again so i can find the part about the gun being transported in open view.
View user's profileSend private messageAIM AddressYahoo MessengerMSN Messenger
fepowered
Cadet
Cadet


Joined: Sep 25, 2009
Posts: 74

PostPosted: Tue Mar 30, 2010 5:08 am Reply with quoteBack to top

scorpio_vette wrote:
a shotgun is already long enough, and my shotgun case is even longer. so if i could just mount the gun upright, it would make it so much easier. i'll have to try and find the website with the wisconsin carry laws again so i can find the part about the gun being transported in open view.

Gander Mountain and others sell the cloth sleeves. Using one of these cases, you do not add any length. There are 3 major Statutes which we face in WI. GFSZ, Safe Transportation, and Concealed Carry. Complying with one does not make us immune from the other. In the GFSZ it lists locked in a gun rack attached to the vehicle.
Quote:
948.605 Gun−free school zones.(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle
;


That is language from the federal GFSZ law which found its way in to our State Statute as they were not sharp enough to remove it when our State Statute was drafted. Currently there are no exceptions to our Safe Transportation Statute unless you are LEO or a State Licensed Security Guard on duty. One of the 3 requirements for a Concealed Carry violation is that the firearm be hidden. Many get hung up on a comment from one of the court cases regarding encased being hidden. This was a non binding comment and not formal case law.

Quote:
167.31 Safe use and transportation of firearms and
bows. (1) DEFINITIONS. In this section:
(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.
(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.
View user's profileSend private message
ScottWuerch
County Coordinator
Eau Claire County, WI
County Coordinator<br><b>Eau Claire County, WI</b>


Joined: Nov 08, 2009
Posts: 114
Location: West Central Wisconsin

PostPosted: Tue Mar 30, 2010 8:36 pm Reply with quoteBack to top

scorpio_vette wrote:
a shotgun is already long enough, and my shotgun case is even longer. so if i could just mount the gun upright, it would make it so much easier. i'll have to try and find the website with the wisconsin carry laws again so i can find the part about the gun being transported in open view.


I certainly understand your desire to push the law to its nth degree, but there is nothing in WI law about a gun being legal to transport if it is exposed and readily seen. I have also heard people claim it is legal, but I have never found anyone who could back it up with chapter and verse. Until this latest proposed change passes, it is illegal to even lay your uncased gun on a parked and unoccupied vehicle (just ask the few hundered people each year that are sited by DNR wardens for setting their rifle on the tailgate of their truck). I will, of course, withdraw everything I have said here if you can quote chapter and verse. Not only will I withdraw it, I will be the first person to hang my pistol from the rear view mirror of my truck and cruise by the police station multiple times. Very Happy

_________________
64,999,987 firearms owners killed no one yesterday
View user's profileSend private messageYahoo Messenger
ChrisMorley
Founders Club
County Coordinator
Oconto & Shawano, WI
<b>Founders Club</b><br />County Coordinator<br><b>Oconto & Shawano, WI</b>


Joined: Sep 19, 2005
Posts: 148
Location: Suring, WI

PostPosted: Tue Apr 20, 2010 8:24 am Reply with quoteBack to top

I just purchased a three wheeled recumbant "bike" (I'm disabled by cerebral palsy and cant ride a two wheeler). I fully intend on using it to ride to the range outside of town.

I plan on strapping a backpack to my seat and placing the pistol case in it.

I have to come up with a mounting system for my AR-15 case Smile


Chris Morley

_________________
The gun banners tell us to run away from a mugger....What about those of us who can't run ?
View user's profileSend private messageSend e-mailYahoo Messenger
ScottWuerch
County Coordinator
Eau Claire County, WI
County Coordinator<br><b>Eau Claire County, WI</b>


Joined: Nov 08, 2009
Posts: 114
Location: West Central Wisconsin

PostPosted: Wed Apr 21, 2010 7:26 pm Reply with quoteBack to top

ChrisMorley wrote:
I have to come up with a mounting system for my AR-15 case Smile


Front handlebars with the muzzle facing forward. That'll get the attention of the drivers!!

Laughing

_________________
64,999,987 firearms owners killed no one yesterday
View user's profileSend private messageYahoo Messenger
MKEgal
Private
Private


Joined: Jan 08, 2010
Posts: 103
Location: Milwaukee, WI

PostPosted: Thu May 13, 2010 11:33 pm Reply with quoteBack to top

I second the saddlebag idea.
Failing that, or maybe even if I had bags on, I'd even carry in a tank bag.
Spirit of the law says you can't use it while in motion, right?
I defy anyone to un-encase, load a magazine, chamber a round, & fire a gun while riding.
I want to see you do it.
I've managed to take pictures while riding, but that I can do one-handed.

_________________
"The female of the species is more deadly than the male."
R. Kipling
View user's profileSend private message
Rocbola
Corporal
Corporal


Joined: Apr 13, 2010
Posts: 631
Location: Wheaton, IL

PostPosted: Fri May 14, 2010 8:15 am Reply with quoteBack to top

jj60187 wrote:
Thanks for the comments.
Now envision this:
It's Memorial Day weekend and the Wisconsin Dells is full of tourists.
The wife and I rumble into the Dells on my Electra-Glide and pull up/park in front of Nig's bar. We get off the bike and I open the tour pack, pull out my 45, slam a full magazine into it, chamber a round and put it in the holster.
This is gonna' cause a quite a commotion amongst the citizens I would think.

My Serpa holster lets me place the pistol in the holster, then pop a mag in, then rack the slide, all while in the holster. Anybody watching shouldn't get nervous.
View user's profileSend private message
hardcore
Newbie


Joined: Apr 13, 2011
Posts: 2

PostPosted: Wed Apr 13, 2011 11:03 pm Reply with quoteBack to top

Scott:

"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)."

So, the tailgate may not be a legal option, but you CAN lean your weapon against the vehicle as long as it is not loaded.
View user's profileSend private messageVisit poster's website
hardcore
Newbie


Joined: Apr 13, 2011
Posts: 2

PostPosted: Wed Apr 13, 2011 11:13 pm Reply with quoteBack to top

The main problem we have here in WI is the difference between CARRYING and TRANSPORTING. When you carry, the weapon must not be concealed. When you are transporting the weapon must be "unloaded, cased, and put out of reach when in a vehicle. In this section, unloaded means "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm" and 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." Statute 167.31"

In other words it MUST be CONCEALED. Completely. Therefore, when riding on a motorcycle the weapon must be unloaded, encased in some way, and out of reach while you are operating the vehicle. In a case or a sock in the saddlebag is fine. In a case in your backpack is fine. Secured to your bike in any way that is made for a firearm and completely covered is fine, as long as it is not loaded, as long as you can not retrieve the firearm while you are operating the vehicle.
View user's profileSend private messageVisit poster's website
Display posts from previous:      
Post new topicReply to topic
View previous topic Log in to check your private messages View next topic
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum



Powered by phpBB © 2001 phpBB Group
Page Generation: 0.32 Seconds
:: fisubsilver shadow phpbb2 style by Daz :: RavenNuke theme by www.nukemods.com ::