loaded handgun in a car?

  • chamberschamps
    Mazomanie, WI
    Posts: 1089
    #1356979

    In Wisconsin, if I have a loaded handgun in my vehicle does it need to be in plain sight or can it be put somewhere out of sight like under the seat or in the glove box.

    Steve Plantz
    SE MN
    Posts: 12240
    #1388894

    I am not sure about WI law but I would think that if you do not have a carry & concel permit it needs to be unloaded and cased.

    chamberschamps
    Mazomanie, WI
    Posts: 1089
    #1388899

    …the discussion originates from my friend who just purchased a handgun, and insists that a loaded piece on the dash is perfectly legal in Sconnie. The idea makes me a touch uncomfortable. From what I can tell upon internet investigations is that a loaded handgun is ok in a vehicle and falls under “open carry”. If you want to “conceal” the gun you would need a CC permit-the grey area being that the courts have a broad definition of what is concealed in a vehicle. I was hoping that someone here would be able to point me to info that would help answer the question-like a state website and not some private CC class website.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1388900

    I’d look at regulations for rifles/shotguns. Can they be loaded if carried in a case? If not, then I’d say the handgun has to be unloaded, in a case, unless a CC permit is held.

    And I’d have a full understanding of the law there BEFORE I assumed myself to be legal.

    Palerider77
    Posts: 630
    #1388906

    I would think that having a loaded gun on your dash would be a good way to have an unpleasant experience with law enforcement. If you have no permit, it should be unloaded, cased and in the trunk. Best not to borrow trouble.

    Chuck Melcher
    SE Wisconsin, Racine County
    Posts: 1966
    #1388908

    Sounds like someone just looking to put themselves in a dumb situation.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1388909

    Quote:


    Q1: Do firearms still have to be in a case before they are placed in or on a motorized vehicle, including ATVs, UTVs, snowmobiles and farm implements?
    A: No. Effective Nov. 19, 2011 for rifles, shotguns and muzzleloaders, and Nov. 1, 2011 for handguns, firearms no longer have to be in a case in order to place them in or on a vehicle, or to transport them unloaded in or on a vehicle.


    WI DNR PDF LINK<

    Outdraft
    Western Wi.
    Posts: 1149
    #1388911

    It has to be in open sight and yes it can be loaded. You do not need a c&c permit

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1388912

    To avoid any more confusion, Outdraft could you provide the statute for that?

    All I have is a 2011 WI DNR FAQ sheet.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1388915

    PS I’m not saying you are wrong. In fact with WI’s open carry law, it’s likely to be true.

    Outdraft
    Western Wi.
    Posts: 1149
    #1388918

    Page 24 wi deer hunting regs under arms transportation, if i knew how to, i would put a copy on here

    Outdraft
    Western Wi.
    Posts: 1149
    #1388920

    Correction pg 24 says you cannot conceal a handgun and pg 25 talks about transporting

    Outdraft
    Western Wi.
    Posts: 1149
    #1388923

    wi stat 167.31(2)b and wi stat 167.31(3)c

    BBKK
    IA
    Posts: 4033
    #1364074

    Just asking for trouble when you pull into a gas station and someone see’s it up there and calls 911.

    Outdraft
    Western Wi.
    Posts: 1149
    #1364075

    And there’s nothing that can be done about it, but ya i agree, mine is never on the dash and mostly in a case

    BBKK
    IA
    Posts: 4033
    #1388925

    Its going to get annoying being pulled over and pulled out of the car by gunpoint after someone calls the police and says you have a loaded pistol on the dash. Even if it is perfectly legal, the police have to do their job when someone calls.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1388927

    Thanks Outdraft. That pretty much covers it.

    Quote:


    (2) Prohibitions; motorboats and vehicles; highways and roadways.
    (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor running, unless one of the following applies:
    1. The firearm is unloaded or is a handgun.
    2. The bow does not have an arrow nocked.
    3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.
    (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 one of the following applies:
    1. The firearm is unloaded or is a handgun.
    2. The bow does not have an arrow nocked.
    3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.
    (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
    (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.
    (e) A person who violates pars. (a) to (d) is subject to a forfeiture of not more than $100.


    TazTyke
    Central Minnesota
    Posts: 473
    #1364090

    I am not saying it is a good idea but if Wisconsin has an open carry law I am sure that law enforcement are fully aware of the rules and most likely would not pull someone over because of the handgun being exposed.

    Now if it was on the dash and the police see it upon approaching the vehicle for other reasons it could make for a very uncomfortable situation.

    On the other hand if the individual that was open carrying was doing so in a threatening way then the law enforcement would act on the report and pull someone over for that.

    Simple solution, get a concel and carry permit and no one has to know. Sounds like there might be some insecurtiy of some individuals out there that need to feel like the big man on campus by showing their stuff.

    MN has an open carry law as well but very few people would ever exercise that right since you have to have a CC permit to open or conceal carry.

    Outdraft
    Western Wi.
    Posts: 1149
    #1388931

    Ya i don’t know why anyone would put on the dash kinda just asking for trouble,i don’t understand what you said about mn having an open carry law, so do or don’t they have one ? Not to be confused with cc

    BBKK
    IA
    Posts: 4033
    #1388932

    Quote:


    I am not saying it is a good idea but if Wisconsin has an open carry law I am sure that law enforcement are fully aware of the rules and most likely would not pull someone over because of the handgun being exposed.


    They have no choice. If someone calls 911 and says there is a guy with a gun on his dash.. they have to investigate. Investigating means pulling him over, and no cop on earth is going to pull a guy over for having a gun on his dash and not order him out at gunpoint.

    With all the anti-s out there now, I would suspect it would be a daily occurrence if you frequent any gas stations, banks, or drive-through restaurants.

    You can walk down the street with a pistol on your hip if you want, but if someone calls 911 the police have no choice but to stop you and make sure you are “okay” (mentally fit and no intention to use the weapon).

    That’s the world we live in.

    TazTyke
    Central Minnesota
    Posts: 473
    #1364097

    The guys that tested the law years ago by all walking into a restaurant to have lunch open carrying had a nice fat payday because someone did call the police and the police ended up getting sued for harassment because they had no right to handle it the way they did.

    I am betting this discussion has come up in WI many of times and I bet they tread lightly on this as to avoid additional law suits.

    BBKK
    IA
    Posts: 4033
    #1388935

    Yep, I’m sure the tread very lightly when a call comes in as a man with a gun. That’s nothing to worry about at all.

    TazTyke
    Central Minnesota
    Posts: 473
    #1388936

    In Minnesota, if you hold a Conceal Carry permit you are able to carry your handgun concealed or openly. You may carry a long gun openly if you hold a conceal carry permit as well.

    If you do not hold a conceal carry permit all handguns must unloaded and cased when transporting. You can transport an unloaded long gun but there are specific rules to this as well.

    Outdraft
    Western Wi.
    Posts: 1149
    #1388938

    i figured it was something like that thanks

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1364095

    I believe the OP was having a discussion with a friend and they were looking for the correct answer.

    To the point of leaving a handgun on the dash (loaded or unloaded)…did anyone hear about the chase on hwy 212 a week ago?

    The two had a knife and were both shot dead by the police.

    ‘Course they were in a stolen car and in a high speed chase…and wouldn’t put down the knife when asked to.

    I guess what I’m getting at is guns make people nervous and the less people see them the less questions the police will be asking us and the less we’ll have explain when they come of investigate the 911 call.

    I was just thinking about this the other day. I wonder how many people I come into contact with each day are carrying a weapon? Not that it bothers me…unless it’s pointed my direction.

    Palerider77
    Posts: 630
    #1388940

    In Minnesota it is a permit to carry a handgun, there is no such thing as “concealed carry permit”. How you choose to carry is up to you, but you will encounter a lot less hassle if you conceal your handgun. Once again, don’t borrow trouble.

    Outdraft
    Western Wi.
    Posts: 1149
    #1388941

    ya i know, the yhe original post got hijacked to claify it my dash has so much crap on it i barely have room for shades and no there not Oakleys i wonder how many people are carrying but i wonder more when can i get out fishing this weather is killing me next time i get to Everetts i’ll look ya up

    chamberschamps
    Mazomanie, WI
    Posts: 1089
    #1388943

    Quote:


    Sounds like someone just looking to put themselves in a dumb situation.


    And that’s my POV. Legal or not.

    pantherpop
    Kalispell, MT
    Posts: 264
    #1388981

    In Minnesota it is a permit to carry a handgun, there is no such thing as “concealed carry permit”
    Thank you Ben for the correction.
    Kevin, If the dispatcher is doing their job they would be asking the caller this if person with a gun is threatening anyone and advise the caller that it is NOT illegal to open carry.

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