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loaded car carry

Interceptor_Knight

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May 18, 2007
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Green Bay, Wisconsin, USA
IIRC, pre-Act35 one was only protected from charges for ccw inside one's own house or business,
and post-Act35 that protection extends to the property as well.
Small victory.

You are partially correct...
We now have statutory protection to carry in our home and business. Before there were no exceptions in the Statute but case law supported the defense.
 

Interceptor_Knight

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I believe you mean 'implied'...NOT 'inferred'...those words arent exactly interchangeable... is there case law that differentiates between 'immediate vicinity' and 'face pressed against the window' ?

Yes. If you look in the long text from the cases you will see mention of walking down the street or even driving past being akin to immediate vicinity
 

Nei Don

New member
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Oct 5, 2011
Messages
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Location
Wisconsin
The CH3 article has been corrected

People must have informed CH3 how mistaken the idea of needing to place the handgun in the back seat was. It has been corrected.

The note on the CCW page says:

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.

If they had meant what CH3 inferred it would have said 'cannot be hidden or conceiled OR within reach'. Apparently English is a second language for the journalist.

Also note that they removed the video of them violating the current law by placing an uncased handgun in a car. Someone should alert the DA so they can be prosecuted!
 
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E6chevron

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Oct 8, 2011
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Milwaukee Wisconsin
This is the cleanest citation, that I have regarding the elements of the Wisconsin crime of concealed carry of dangerous weapons.

It is State v. Walls, Court of Appeals 1994, 526 N.W.2d 756at 72 clarified crime of concealed carry for jury instruction: [3,4]

we conclude that a person is guilty of carrying a concealed weapon in an automobile where: (1) the weapon is located inside a vehicle and is within the defendant's reach; (2) the defendant is aware of the presence of the weapon; and (3) the weapon is concealed, or hidden from ordinary view—meaning it is indiscernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.
 
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paul@paul-fisher.com

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May 24, 2009
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4,049
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Chandler, AZ
This is the cleanest citation, that I have regarding the elements of the Wisconsin crime of concealed carry of dangerous weapons.

It is State v. Walls, Court of Appeals 1994, 526 N.W.2d 756at 72 clarified crime of concealed carry for jury instruction: [3,4]


Yep, but we keep arguing about it. :banghead:


While it MAY be true that post Article 1, Section 25 the ruling would change, it hasn't and it is a binding precedent until changed by the Supremes.

It would of been much simpler if Constitutional Carry or at least a change to 941.23 had occurred in Act 35.
 

McNutty

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Oct 19, 2011
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Location
Waukesha, Wisconsin
It would of been much simpler if Constitutional Carry or at least a change to 941.23 had occurred in Act 35.

I think Constitutional Carry is the only way to have any sort of assurance on this issue.... While Walls provides a clear statement of the elements of the offense, whether a "weapon is concealed or hidden from ordinary view..." is a question of fact for a jury to decide. That unfortunately is not so clear.
 

Interceptor_Knight

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May 18, 2007
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Green Bay, Wisconsin, USA
....whether a "weapon is concealed or hidden from ordinary view..." is a question of fact for a jury to decide. That unfortunately is not so clear.

The goal should be to not be cited in the first place. If an officer can not see it as they walk up to the vehicle before they actually look in the window, they will consider it hidden. If you want to be "safe", it should be in plain view through the back and side windows as you walk up to the vehicle.
 
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Mlutz

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Feb 26, 2010
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Location
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Or... OR... Just hold it in your hand, and hold it out the window. Problem Solved. I'll pick this up after a nap.
 

McNutty

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Oct 19, 2011
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Location
Waukesha, Wisconsin
I saw a picture somewhere on this forum where somebody's idea of mounting a holster in their vehicle was duct taping the handgun to their dashboard. If that were your practice, I think you'd be OK no matter which way you cut it.
 
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