Talk:Gun laws in Wisconsin/Archive 1

Archive 1

Handguns vs Firearms in vehicles

was added because the previous version stated several incorrect things. First the state of WI the new law (Nov 1, 2011) allows HANDGUNS only not firearms to be loaded in the vehicle. Firearms (long rifles etc.) is still against the law to load or be loaded and brought into the car. In addition to handguns being able to be loaded while in the car, by a none CCW permit holder they can be out of the case, and must be in plain view, yet out of reach. (some of this is spelled out in the statue and some from case law). The difference is FIREARMS but always be unloaded and out of reach in the vehicle. What changed in regards to them is that they no longer need to be "encased". Firearms additionally can now be loaded and placed on or on top of a vehicle, or leaned up against (rested) - not fired from. Previously a firearm had to be unloaded to be placed in on or leaned on a vehicle in WI. http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf — Preceding unsigned comment added by 68.115.72.10 (talk • contribs) 15:33, 27 March 2012‎ (UTC)

Under the Open Carry section

is written this "...Open carry inside a vehicle has been legalized beginning November 1, 2011. The firearm must be in plain sight while inside the vehicle, although those with a permit may still conceal the weapon."

This may not be entirely correct. See this article: http://www.channel3000.com/politics/29601459/detail.html "...Currently, handguns transported in a car must be in a case, unloaded and out of reach. Next week when the new law goes into effect, handguns can be loaded, outside of a case and on a car seat -- all without a permit.

"If you don't want to seek out a concealed carry permit, you'll still be allowed to carry a firearm, loaded, in plain view," said Dane County Sheriff Dave Mahoney.

The weapon cannot be hidden or concealed in any way if it's within reach. A person will still need a permit if they intend to carry a firearm on their body or keep it hidden in their car, authorities said."

In the article they specifically addresses that yes the weapon can be in your vehicle, loaded, and un-cased but they make specific mention of it being on the seat. However, open carrying a firearm outside of a vehicle is a lot more visible than say once someone is inside a vehicle. A holster on the left side between the body of the person and the drivers side door could be easily argued that it's no longer in plain view. Even from a right side officer approach to the vehicle. Similar for a holster on the right side of the driver and an officer coming from a leftside (driver side approach) unless the officer was in front of the person the holster could be considered not in plain view a.k.a concealed.

I think whoever wrote that line in the made some assumptions like open carry (plain view outside of a vehicle = the same as open carry inside of a vehicle). http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf — Preceding unsigned comment added by 68.115.72.10 (talk • contribs) 15:33, 27 March 2012‎ (UTC)