Wisconsin supreme court ruling on Safe Transport statute

[BoldNorth]

Interesting affirmation today from the WI SC of a lower court ruling. In short, the Safe Transport law added the clause "unless the weapon is a handgun" to an existing law requiring unloading weapons for transport in a motor vehicle.

The majority holds that this is clearly in reaction to the passing of a CCW law at the same time and holds that it is still illegal to transport a loaded firearm even if it is a handgun without a CCW permit. Which leads to my question: When a poorly worded law creates confusion, shouldn't the burden of clarification be on the legislative branch rather than judicial?

The simple phrasing 'unless the weapon is a handgun in the possession of a CCW holder" would have avoided this whole mess.

No wonder it is so difficult to ensure that we follow the laws as written.

 

[Frank Ettin]

.... When a poorly worded law creates confusion, shouldn't the burden of clarification be on the legislative branch rather than judicial?

The simple phrasing 'unless the weapon is a handgun in the possession of a CCW holder" would have avoided this whole mess....

It's not uncommon for a legislature to pass a clarifying amendment once practical problems have been identified. But in the meantime the court must decide a case involving the application of the law.

 

[Frank Ettin]

BTW a link to the actual decision would be welcome.

 

[Spats McGee]

It can be downloaded & read from here: https://www.wicourts.gov/supreme/scopin.jsp?docket_number=2016AP000173

 

[rfscjeep]

Grandberry's loaded handgun was concealed from view in the Glove compartment within his reach. Wouldn't he have been legal if the handgun was in plain view (uncased) within his reach? "open carry"

 

[JeffG]

Historically, in Wisconsin, firearms below the window line were considered concealed from public view and therefor concealed. The CCW provisions muddied everything up because they changed the DNR rules about uncased long guns in vehicles. While there is no open carry provision per se in the statutes, I think that starting over, defining a firearm, and clarifying carry of any unloaded or unloaded firearm in a vehicle would be much more practical. Wisconsin DNR is overly concerned about loaded guns in vehicle as it pertains to road hunting, rather than just citing the offense of shooting from a vehicle.