tricolordad
Regular Member
Ok, I've read that a CCW holder may load and holster their weapon when leaving the vehicle. Does that apply to me or do I need to have another police incident for doing what is lawful and doing it outside the vehicle?
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Holstering my weapon
- Thread starter tricolordad
- Start date
amaixner
Regular Member
Given the nonspecific nature of your question, the answer is: Of course you may, but it's safer to leave it loaded and in the holster, and not screw around with it.
AaronS
Regular Member
Yea, what he said.
Back in the day (like it was so long ago), we all had to "do the dance" with the load-unload. CCW for the most part does away with that.
I vote IN a school. So I stop before I get to it, lock it up, and reload it after I leave. I do it often out side of my truck. I hate that dance...
Shotgun
Wisconsin Carry, Inc.
Concealed carry license holder or not, you certainly may load and holster your gun. The disorderly conduct statute was modified by Act 35 to make it clear that simple administrative handling of a firearm is perfectly legal with the addition of this language:
947.01(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.
As long as you aren't doing it in an unsafe manner (e.g., pointing it towards another person) you shouldn't have any problems.
I think the question on everyone's mind is why isn't it loaded and on you in the first place? I guess that's really your business, but unless you're returning from a building where carrying it is prohibited, it seems that the most simple solution is to already have it on you and loaded.
Edit: Also you could perform those tasks inside the vehicle if you choose or feel too conspicuous doing outside.
947.01(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.
As long as you aren't doing it in an unsafe manner (e.g., pointing it towards another person) you shouldn't have any problems.
I think the question on everyone's mind is why isn't it loaded and on you in the first place? I guess that's really your business, but unless you're returning from a building where carrying it is prohibited, it seems that the most simple solution is to already have it on you and loaded.
Edit: Also you could perform those tasks inside the vehicle if you choose or feel too conspicuous doing outside.
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tricolordad
Regular Member
oops
Errr my bad, I wasn't being clear. I meant is it legal to load and holster the weapon while inside the vehicle with the ignition off.
Edit: And you answered that. Sorry for the confusion.
Errr my bad, I wasn't being clear. I meant is it legal to load and holster the weapon while inside the vehicle with the ignition off.
Edit: And you answered that. Sorry for the confusion.
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You can also have it holstered while the vehicle is running, though, some police and DAs think that is concealed despite the specific language in Act 35 amending 167.31 to no longer have the restriction of a loaded handgun in a vehicle.
tricolordad
Regular Member
St. Croix County....I think I'll just keep the engine off and the keys in plain sight when I holster it. My truck is up high enough that I can usually load and holster without attracting attention. Sadly, in New Richmond, everything you do is gossiped about; I'd have no problems doing the dance with the absence of gossip.
paul@paul-fisher.com
Regular Member
Do you have a CCL?
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Sent from my SCH-I500 using Tapatalk 2
tricolordad
Regular Member
i do not have a ccl. I did some research and what it looks like is for open carry its a giant cluster**** lol If you transport an encased pistol, it must be hunters safety safe, unloaded on safe and out of reach plus lunge distance, but it is no longer illegal to transport a loaded uncased pistol as long as it is in plain sight. Do I dare? Wouldn't that fall under openly carrying in a vehicle?
AaronS
Regular Member
No CCL? Don't forget the 1000 foot school zone also.
tricolordad
Regular Member
Yup! A semi-tricky thing here. We got a CESA Head Start, a YMCA/Head Start district offices and 4 schools I think total. Luckily, 3 of them are away from the main drag of businesses. How about daycares that offer headstart?
167.31 no longer infringes upon having a loaded handgun in the vehicle. Act 51 also says you do not need a long gun encased in a vehicle. However, those magical school zones are still an issue.
School is defined between 1-12.
MKEgal
Regular Member
First off, welcome to the forum. 
If I'm understanding what you've written, it seems you're confused / mistaken about several points.
I suspect you've been trying to understand the changes to carry / transport laws by reading the DOJ FAQ.
:uhoh:
I strongly suggest going to the real laws.
Here's a PDF of Act 35.
Here's where you can plug in the # of a WI statute & read it for yourself.
You could also browse the WI forum sticky titled in part "New to OC in WI?", & the one which discusses the changes to various statutes from Act 35.
* it's legal to have an unencased pistol in a car, even without a license [167.31(2)(b)&(c)]
* it's legal to have a loaded pistol in a car, even without a license [ditto]
* carry in a state park is now legal with a license [29.089(2)]
* carry in a taxpayer-owned building is now legal with a license [943.13(1m)(c)(4)]
* carry in a tavern is now legal with a license [941.237(3)(cx)]
[was always legal with permission, but now if you have a state-issued mother-may-I slip you don't have to ask the restaurant manager if they're OK with you spending your money there]
If you're on taxpayer-owned property within 1000' of the edge of a school [grades 1-12] you must have a license. Before, it had to be unloaded & encased. [948.605] (BTW, follow the link through to the fedgov site to read the rest of the "GF"SZ law, the parts that WI removed from its own law & now incorporates by reference.)
A pistol can be cased or not, loaded or not, a safety is not mentioned in any of the laws.
The 'out of reach' is supposed to apply only if it's hidden (which some LEO/OEO will say includes being encased).
The definition of 'hidden' is different depending on whether you rely on common sense or if you are someone employed by Milwaukee PD or the Milwaukee County District Attorney's office.
There's one court ruling (since Act 35) saying that even a pistol lying on the floor of a passenger car is not concealed, & a court case coming up next month dealing with OC in a car (in a holster).
re: "GF"SZ
Not day care, not head start, not kindergarten, not administrative offices, not sports facilities, not a library where the kids go after school, not a museum while they're on a field trip...
If I'm understanding what you've written, it seems you're confused / mistaken about several points.
I suspect you've been trying to understand the changes to carry / transport laws by reading the DOJ FAQ.
:uhoh:
I strongly suggest going to the real laws.
Here's a PDF of Act 35.
Here's where you can plug in the # of a WI statute & read it for yourself.
You could also browse the WI forum sticky titled in part "New to OC in WI?", & the one which discusses the changes to various statutes from Act 35.
The main things that changed with Act 35 are:tricolordad said:
* it's legal to have an unencased pistol in a car, even without a license [167.31(2)(b)&(c)]
* it's legal to have a loaded pistol in a car, even without a license [ditto]
* carry in a state park is now legal with a license [29.089(2)]
* carry in a taxpayer-owned building is now legal with a license [943.13(1m)(c)(4)]
* carry in a tavern is now legal with a license [941.237(3)(cx)]
[was always legal with permission, but now if you have a state-issued mother-may-I slip you don't have to ask the restaurant manager if they're OK with you spending your money there]
If you're on taxpayer-owned property within 1000' of the edge of a school [grades 1-12] you must have a license. Before, it had to be unloaded & encased. [948.605] (BTW, follow the link through to the fedgov site to read the rest of the "GF"SZ law, the parts that WI removed from its own law & now incorporates by reference.)
Hunter's safety guidelines are not laws, & are intended for long guns which won't be used until you're in the woods / on the boat. Yes, unloaded, encased, ammo separate, & out of reach is the safest. But it's completely impractical for a tool which is intended to be used when needed, in seconds, to save a life.
A pistol can be cased or not, loaded or not, a safety is not mentioned in any of the laws.
The 'out of reach' is supposed to apply only if it's hidden (which some LEO/OEO will say includes being encased).
The definition of 'hidden' is different depending on whether you rely on common sense or if you are someone employed by Milwaukee PD or the Milwaukee County District Attorney's office.
It's supposed to.
There's one court ruling (since Act 35) saying that even a pistol lying on the floor of a passenger car is not concealed, & a court case coming up next month dealing with OC in a car (in a holster).
re: "GF"SZ
Of all of that, the only things covered by the "GF"SZ laws are the actual grade 1-12 schools.
Not day care, not head start, not kindergarten, not administrative offices, not sports facilities, not a library where the kids go after school, not a museum while they're on a field trip...
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tricolordad
Regular Member
Bleh vague laws...
Interceptor_Knight
Regular Member
Someone simply being found not guilty of a charge does not establish case law. What "ruling" are you referring to where someone had a handgun on the floor?
Interceptor_Knight
Regular Member
The only two things you need be concerned about are concealed and GFSZ. You have never been required to store ammo separately from a firearm in WI. It simply was prohibited from being loaded in the firearm or in a magazine attached to the firearm. A loaded magazine in the case has always been A-OK. GFSZ is the only place you have to case up your unloaded handgun. It can be loaded at all other times and you may load and unload it in your vehicle. There has never ever even been a requirement to have your firearm "on safe".