Right to carry in a parked car...anyone seen this crock yet?

Private Joined: Sep 25, 2009 Posts: 146

Just thought I'd point this out...

My fiance is not a fan of guns, and she would prefer I don't carry.

I told her about this (although, not that I don't believe you, I'd like to see a source).

Her response:

"Well what's the point of that?"

Even her, who's fairly anti, sees this as something with little use. Still, I'll support it because it's a step in the right direction.

Posted: Tue Mar 02, 2010 3:53 pm

Exactly what good would this do? Maybe they're meaning that we can uncase our guns IN our cars, holster them there, and have less worries about freaks going nuts on us while uncasing our gun before we OC? I'm TRYING to look to the bright side here...

Posted: Tue Mar 02, 2010 10:56 pm

Mike,

It actually only applies to guns with barrels 26" or larger and the vehicle must be stationary. Great for us hunters, I can now have my morning coffee in my truck without having in case my rifle. Also has not actually passed yet, this was a committee hearing. It passed the committee, but I believe it still needs to be passed by the whole Senate and then the State House of Reps.

Scott

Cadet Joined: Sep 25, 2009 Posts: 74

MikeLong wrote:

Exactly what good would this do? Maybe they're meaning that we can uncase our guns IN our cars, holster them there, and have less worries about freaks going nuts on us while uncasing our gun before we OC? I'm TRYING to look to the bright side here...

This is a HUNTING bill. This is a LONG GUN HUNTING bill...
For those of us who hunt, it is a great improvement. There are already Statutes and Administrative Code which prohibits hunting from a vehicle. It is better to lay your loaded rifle in the trunk or on the seat than lay it in the dirt. It is better to sling your rifle over your shoulder than have to transport it on your ATV in its case.
This bill does NOTHING for Open Carry. It has zero effect on what we may or may not do. Unless you are hunting, you may not have a single buckle open or the zipper open 1" on your case or you are still in violation

Cadet Joined: Sep 25, 2009 Posts: 74

ScottWuerch wrote:

Mike,

It actually only applies to guns with barrels 26" or larger and the vehicle must be stationary. Great for us hunters, I can now have my morning coffee in my truck without having in case my rifle.

http://www.legis.state.wi.us/2009/data/SB222-SSA2.pdf
You may move if the firearm is unloaded. Think ATV for the most practical application during the 9 day deer hunting season. The worst part of the current language is that you may only have the rifle or shotgun in the passenger compartment of a moving vehicle next to people during deer season (9 day). The original bill did not have the hunting season language and allowed a loaded rifle if the vehicle was stationary. That language needs to go back in if useless lprohibitions such as no hunting from a hay wagon even if it is not hooked up to a tractor are to be eliminated.

Quote:

SECTION 5. 167.31 (2) (b) of the statutes is amended to read:
167.31 (2) (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 not armed with an arrow or bolt.
SECTION 6. 167.31 (4) (bh) of the statutes is created to read:
167.31 (4) (bh) Subsection (2) (b) does not prohibit a person from transporting
an unloaded and unencased firearm in or on a vehicle if all of the following apply:
1. The person is not otherwise prohibited from possessing a firearm.
2. The firearm has an overall length, and was manufactured with an overall
length, of at least 26 inches.3. The person is transporting the firearm during a hunting season that is open
to hunting with the firearm that the person is transporting and for which the person
holds a valid hunting license issued by the department of natural resources.
4. The person transports the firearm not earlier than one hour before sunrise
and not later than one hour after sunset on any day established for the hunting
season specified under subd. 3.
5. The firearm is transported in the bed of a pickup truck that is unoccupied,
in the closed trunk of a vehicle, or if the vehicle does not have a trunk, in the rearmost
area of the vehicle that is not used, or intended to be used, for seating. The
requirement under this subdivision does not apply to a person transporting a firearm
during the regular deer firearm season that the department of natural resources
traditionally establishes for a 9−day period that includes the weekend that
immediately follows Thanksgiving.
6. The person transports the firearm only while travelling to or from a site at
which the person intends to hunt or at which the person has lawfully hunted on the
day of travel.
7. The person does not transport the firearm on school grounds.
SECTION 7. 167.31 (4) (bj) of the statutes is created to read:
167.31 (4) (bj) Subsection (2) (b) does not prohibit a person from placing an
unloaded and unencased firearm in or on a stationary vehicle if the vehicle is
unoccupied, the vehicle is not on school grounds, and the firearm has an overall
length, and was manufactured with an overall length, of at least 26 inches.

Posted: Mon Mar 08, 2010 10:18 pm

This is unbelievable complicated and will really only add to the confusion of laws we have regarding firearms. I'm usually pretty good at reading legislation, however this confuses even me. Too many "you can if... and if...and if..."

I'm not in the least impressed.

Cadet Joined: Sep 25, 2009 Posts: 74

ScottWuerch wrote:

This is unbelievable complicated and will really only add to the confusion of laws we have regarding firearms. I'm usually pretty good at reading legislation, however this confuses even me. Too many "you can if... and if...and if..."

I'm not in the least impressed.

It is easier to understand if you break it down.

Anytime during the daytime and you are out in the field hunting, you may lay your unloaded firearm on or in your vehicle. This is the part which will benefit the most people and the most people will take advantage of.

Unless you are legally hunting and it is an hour before sunrise or an hour after sunset, it does not apply.
It does not apply to handguns or short barrel shotguns or short barreled rifles.

Newbie Joined: Jan 05, 2010 Posts: 6

Yeah it appears that that will be the only benifet. What a crock of crap though, so watered down! Hey it's always an open hunting season in Wisconsin though. Coyote hunting season doesn't end....besides a 9 day break up north during gun deer.
Goddam we need some people with some real balls for representatives! This further reiterates the kind of thinking that goes on in Madison. They went out of their way to change and shape the bill so it wouldn't benifet average citizens looking to protect themselves. How the hell can we expect anything better to get passed with this type of sentiment????

Ben

Newbie Joined: Feb 28, 2010 Posts: 1

Posted: Sun Mar 14, 2010 7:47 am

fepowered wrote:

It is easier to understand if you break it down.

Anytime during the daytime and you are out in the field hunting, you may lay your unloaded firearm on or in your vehicle. This is the part which will benefit the most people and the most people will take advantage of.

Unless you are legally hunting and it is an hour before sunrise or an hour after sunset, it does not apply.
It does not apply to handguns or short barrel shotguns or short barreled rifles.

What bothers me is the last paragraph which seems to negate the entire set of changes when it says:

SECTION 7. 167.31 (4) (bj) of the statutes is created to read:
167.31 (4) (bj) Subsection (2) (b) does not prohibit a person from placing an unloaded and unencased firearm in or on a stationary vehicle if the vehicle is unoccupied, the vehicle is not on school grounds, and the firearm has an overall length, and was manufactured with an overall length, of at least 26 inches.

So someone explain to me how I can transport a firearm in an unoccupied vehicle??

Cadet Joined: Sep 25, 2009 Posts: 74

ScottWuerch wrote:

So someone explain to me how I can transport a firearm in an unoccupied vehicle??

You do not. The last paragraph is an additional exeption to the current statute. It allows us to holster up and/or replace our handguns in our cases with the case in the trunk or on the seat, hood, etc if the vehicle is not occupied. It is the only part which doe not require you to be hunting or it to be during hunting season within 1 hour of sunrise or sunset.

Posted: Sat Mar 27, 2010 8:54 am

fepowered wrote:

ScottWuerch wrote:

So someone explain to me how I can transport a firearm in an unoccupied vehicle??

You do not. The last paragraph is an additional exeption to the current statute. It allows us to holster up and/or replace our handguns in our cases with the case in the trunk or on the seat, hood, etc if the vehicle is not occupied. It is the only part which doe not require you to be hunting or it to be during hunting season within 1 hour of sunrise or sunset.

Sorry, Fepowered, you're not reading it all the way through.

SECTION 7. 167.31 (4) (bj) of the statutes is created to read:
167.31 (4) (bj) Subsection (2) (b) does not prohibit a person from placing an unloaded and unencased firearm in or on a stationary vehicle if the vehicle is unoccupied, the vehicle is not on school grounds, and the firearm has an overall length, and was manufactured with an overall length, of at least 26 inches.

The part I added bold to specifically excludes firearms with a length of less than 26 inces overall. Unless you are packing your 30/30 as a sidearm your handgun will not qualify. The original bill was written to allow us to do that, however the current version has been modified to specifically exclude handguns. The only thing this section allows is placing your RIFLE on or in an unoccupied vehicle. We gain NOTHING with this bill other than the ability to have a cup of coffee without unloading our rifles. Which is okay with me, I hunt, but I will not tout this a great legislation for open carriers.

Cadet Joined: Sep 25, 2009 Posts: 74

Temporary insanity. I knew that part but somehow forgot about it last night when I was posting. Too many night shifts without enough sleep..... Confused

Posted: Sat Mar 27, 2010 4:06 pm

I'm lost here. I now get that it applies to long guns, but why even bother with this...

Cadet Joined: Sep 25, 2009 Posts: 74

MikeLong wrote:

I'm lost here. I now get that it applies to long guns, but why even bother with this...

It is a long needed improvement for hunters. It is bad enough when we open carry that we are required to remove our case from the vehicle before even opening a single latch. Imagine the same requirement when it is snowing and blowing and you are deer hunting. You have to lay your rifle case in a snow bank to open it. Many people do not and leave themselves open to a citation if caught. This will improve a senseless rule for hunters.
It is too bad that it does not take the next step and allow it for everyone, include handguns and remove the requirement that the vehicle be stationary and that the firearm be effectively out of reach except for deer hunters during the "normal" 9 day season.

Quote:

5. The firearm is transported in the bed of a pickup truck that is unoccupied,
in the closed trunk of a vehicle, or if the vehicle does not have a trunk, in the rearmost
area of the vehicle that is not used, or intended to be used, for seating. The
requirement under this subdivision does not apply to a person transporting a firearm
during the regular deer firearm season that the department of natural resources
traditionally establishes for a 9−day period that includes the weekend that
immediately follows Thanksgiving.