wisconsin law on transporting firearms in a vehicle
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read the state statutes if you want to know what the law is!
The Wisconsin law on transporting firearms in a vehicle is found in chapter 167
as noted below :
167.31(2)(b)
(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 the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(4)
(4) Exceptions.
167.31(4)(a)
(a) Subsections (2) and (3) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
167.31(4)(a)2.
2. A member of the U.S. armed forces.
167.31(4)(a)3.
3. A member of the national guard.
167.31(4)(a)4.
4. A private security person who meets all of the following requirements:
167.31 - ANNOT.
NOTE: Subd. 4.(intro.) is shown as amended eff. 11-1-06 by 2005 Wis. Act 169. Prior to 11-1-06 it reads:
167.31 - ANNOT.
4. A private security person, as defined in s. 440.26 (1m), who meets all of the following requirements:
167.31(4)(a)4.a.
a. He or she holds either a private detective license issued under s. 440.26 (2) (a) 2. or a private security permit issued under s. 440.26 (5).
167.31(4)(a)4.b.
b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing.
167.31(4)(a)4.c.
c. He or she is performing his or her assigned duties or responsibilities.
167.31(4)(a)4.d.
d. He or she is wearing a uniform that clearly identifies him or her as a private security person.
167.31(4)(a)4.e.
e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing.
167.31(4)(am)
(am)
167.31(4)(am)1.
1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.
167.31(4)(am)2.
2. Subsection (2) (b) does not apply to a peace officer who places, possesses or transports a firearm in or on a vehicle, motorboat or aircraft while in the line of duty.
167.31(4)(am)3.
3. Subsection (2) (b) does not apply to a person employed as a peace officer who places, possesses or transports a firearm in or on a vehicle while traveling in the vehicle from his or her residence to his or her place of employment as a peace officer.
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This is the law on concealed weapons in Wisconsin:
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.
941.23 - ANNOT.
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).
941.23 - ANNOT.
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).
941.23 - ANNOT.
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).
941.23 - ANNOT.
There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999), 97-1423.
941.23 - ANNOT.
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. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056. See also State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01-0350.
941.23 - ANNOT.
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.
941.23 - ANNOT.
Judges are not peace officers authorized to carry concealed weapons
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941.235(1)
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
941.235(2)
(2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).
We may eventually get legislation in Wisconsin allowing licensed private citizens to carry concealed weapons. In the meantime, not knowing what the law actually says can get you in trouble. The law doesn't mean what you want it to mean, it means what it means.
This is a link to the Wisconsin State Statutes on line:
http://www.legis.state.wi.us/rsb/stats.html
