Fetus
Regular Member
imported post
Can anyone tell me the proper way to transport a pistol in Wisconsin ??
Can anyone tell me the proper way to transport a pistol in Wisconsin ??
I recommend that people put hand guns in a long gun case and place the case behind the seat of the truck. It would take Houdini to get a long gun case from behind the seat.I place my firearms in a proper case, unloaded, and in the passenger seat of my truck in full view becuase I have no other options.
I am not concerned about attracting attention when I am removing it from the vehicle. Removing thehandgun from the case and holstering itor removing it from the holster and inserting it in the case is not disorderly conduct or displaying it in a threatening manor. You can park in a spot where you can do this discretely if you have concern.Don't you think a long gun case would attract more attention when removing your fire arm from the vehicle?
You are missing, and the benighted interrupter failed to cite, the annotations to case law associated with the statute.Thesegment goes on more, but nowhere have I seen anything about "out of reach." What am I missing?
Sorry for continuing on the tangent started by Doug...... This will only take a moment.....Please observe OCDO Rule 7)
[/suP]And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?
Your understanding of passive-aggressive behavior is faulty. I commend to you the Diagnostic and Statistical Manual of Mental Disorders IV, Appendix B "Criteria Sets and Axes Provided for Further Study".Good Lord [ ...], my beauty, though but mean,
Needs not the painted flourish of your praise:
Beauty is bought by judgement of the eye,
Not utter'd by base sale of chapmen's tongues:
I am less proud to hear you tell my worth
Than you much willing to be counted wise
In spending your wit in the praise of mine.
My bad. You are correct. You were not being passive aggressive, you were being openly agressive andactingimmature.Your understanding of passive-aggressive behavior is faulty. I commend to you the Diagnostic and Statistical Manual of Mental Disorders IV, Appendix B "Criteria Sets and Axes Provided for Further Study".
IOW FOAD
941.23 Carrying concealed weapon. Any person except
a peace officer who goes armed with a concealed and dangerous
weapon is guilty of a Class A misdemeanor. Notwithstanding s.
939.22 (22), for purposes of this section, peace officer does not
include a commission warden who is not a state−certified commission
warden.
History: 1977 c. 173; 1979 c. 115, 221; 2007 a. 27.
The burden is on the defendant to prove that he or she is a peace officer and within
the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
A defendant was properly convicted under this section for driving a vehicle with
a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565
(1986).
To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
[ ...]
Please observe OCDO Rule 7)
Here are some additional footnotes found under the statute which make things interesting...Just curious on this... I've been trying to verse myself in the letter of the law lately and I do not see where it is written that the firearm must be "out of reach" when transporting.
941.23 Carrying concealed weapon.
[/align]A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).[/align]
[align=left]The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual’s need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. .[/align]
[align=left]A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raise the constitutional defense: 1) under the circumstances, did the defendant’s interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state’s interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056. This section is constitutional as applied in this case. The defendant’s interest in exercising his right to keep and bear arms for purposes of security by carrying a concealed weapon in his vehicle does not substantially outweigh the state’s interest in prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher, 2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04−2989.