Wisconsin Hunting Reports/Discussion
Open carry while fishing
6/26/14 @ 4:30 AM
Hey there everyone, I'm a newbie when it comes to firearm's. Just turned 21 and bought my first pistol. Don't have my ccw yet, and was just wondering about some open carry laws. Me and my girlfriend mostly do night fishing for Catfish and I was wondering would it be a problem to have my pistol in a holster/open carry. And from what I understand, the gun must be unloaded and somewhere out of reach in my car while I am driving? Any help will be GREATLY appreciated. Thank you for your time.
Josh
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Flatheadcat hunter,
Please go to the below DOJ site for your info.
http://www.doj.state.wi.us/dles/cib/conceal-carry/faq-concealed-carry
Specifically, go to page 44 and 45. You do not have to case either a handgun or long gun in your vehicle or boat, without a CCW permit. They both cannot be concealed in anyway however without a CCW permit.
Your handgun can be loaded, your long gun cannot be loaded in a vehicle,boat, atv, etc.
It is better to go to the source for this info so you do not get a ticket or worse.
You cannot carry any uncased weapon in your vehicle unless you have a conceal carry permit and that only is allowed w/ handguns.. The law at one time allowed uncased, unloaded "firearms" but Wi. laws have changed and no uncased long guns are allowed in a vehicle.
Open carry does not work in a vehicle...
In my post I stated in the vehicle best to have it unloaded and cased. While open carry it a vehicle with it loaded is legal it is some what of a grey area as to what is considered in plain view and not concealed to a police officer. What the law is and how some anti gun cop interprets it are two different things.
Open carry is legal anywhere in the state. Some government buildings prohibit it. Only thing to watch is school zones. You cannot knowingly be within a 1000 feet of school property. Key word is knowingly. So if you happen to be somewhere carrying and your unfamiliar with the area you could argue in court you did not know the school was there. Of course hard to go that route if you could see the school. To save yourself a headache avoid school zones. Would be very easy way for a antigun cop or prosecutor to trip you up.
As for carry in your vehicle most law enforcement is not going to care where the gun is as long as it not loaded uncased and ready to be pulled when he walks up to your window. Again plan for the antigun cop. Ironclad legal transport would be the ATF interstate transport guidelines. Gun and ammo separate and each in a locked container and if possible not in the passenger compartment of the vehicle. In the trunk or back of the truck. SUV put it out out of reach.
If you open carry just be prepared to possible be hassled. Really comes down to the leo your dealing with. I open carry frequently outside the city when fishing hunting etc. Have had numerous encounters with law enforcement. Reaction has been all over the map. Anything from them not saying a word to them treating me like a total criminal. I just keep my mouth shut. I try to turn so they can see I am armed and then let their response dictate what my actions will be.
Just go along with what they want. They handle the situation wrong that is what the courts are for. Not worth getting into a argument or worse with a cop that wants to make your life miserable because you choose to carry. Fortunately enough publicity has been given to open carry that it is now very unlikely you will have a truly bad law enforcement encounter.
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