WISCONSIN - What are the laws regarding transporting firarms in a Pickup Truck?
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WISCONSIN - What are the laws regarding transporting firarms in a Pickup Truck?

This is a discussion on WISCONSIN - What are the laws regarding transporting firarms in a Pickup Truck? within the Wisconsin Discussion and Firearm News forums, part of the Firearms Discussion by State category; I will be driving to Wisconsin next week for some firearms training and I need to know what are the ...

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    RayMich's Avatar
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    Default WISCONSIN - What are the laws regarding transporting firarms in a Pickup Truck?

    I will be driving to Wisconsin next week for some firearms training and I need to know what are the laws in Wisconsin regarding transporting firearms and ammunition in a pickup truck, particularly handguns.

    Thanks in advance.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

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    theicemanmpls is offline Banned
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    FEDERAL LAW ON TRANSPORTATION OF FIREARMS

    A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

    Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also seems to provide for necessary stops, like gasoline and rest.

    Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.

    NRA-ILA ::

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    Quote Originally Posted by RayMich View Post
    I will be driving to Wisconsin next week for some firearms training and I need to know what are the laws in Wisconsin regarding transporting firearms and ammunition in a pickup truck, particularly handguns.

    Thanks in advance.
    Wisconsin law simply requires all firearms to be unloaded and encased while being transported in a vehicle. There is no restriction regarding how ammunition is transported, as long as it is not IN the firearm. Loaded magazines are fine, as long as they are not inserted in the gun. No round in the chamber of a semi-auto. Revolvers cannot have any rounds in the chambers. The magazines and ammo may be in the same case as the firearm. Muzzle loaders can have powder and ball in them, but no cap on the nipple. Ammo does not HAVE to be encased, only the firearm.

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    My truck is and Extended Cab model and has a hard top cap over the bed.

    Am I required to store the guns and ammunition in the back, and run the risk of theft, or am I allowed to keep them locked in individual hard boxes, inside on the back seat floor out of driver's reach. No one will be traveling in the back seat.

    All guns are registered to me and I do have a Michigan License to carry but obviously it is worthless in Wisconsin.

    I have been told that Wisconsin has some weird laws regarding transporting guns, even if in locked containers.

    Any links to the Wisconsin gun laws will be greatly appreciated.

    Thanks.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

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    theicemanmpls is offline Banned
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    Ray,
    What would you do if you didn't have a cap, or a cover over the bed?

    Put your firearms, and ammo in the back seat. Put them in some kind of container that can be locked down.

    Follow the rules in posting #2. It is quoting federal law. Source is an NRA website.

    IMO, an electricans ty-wrap can be a lock. You need a key (cutters) to open it.

    You will be fine.

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    The statute covering transport of firearms is Chapter 167.31 which can be found here:

    http://www.legis.state.wi.us/statutes/Stat0167.pdf

    The "weird" stuff you may have heard about is that some people are under the impression that you must transport the firearm "out of reach." Which, as you can see, is not a requirement under the statutes.

    Basically, if you have the firearm unloaded and it is in a gun case that is snapped, buckled, tied or zipped or otherwise fastened shut you are good to go. It does not need a lock. Nothing in the statute requires that it can be out of reach. There was an old non-precedent setting case in which a judge ruled that a guy's gun was a "concealed weapon" even though it was properly transported because it was still within his reach. A few people have gone a little crazy over that old case and believe you're violating the concealed weapons law if the gun case is within your reach. That old decision cannot even be used in court to try to convince a judge, so it is meaningless to everyone except the individual who was convicted. I do not transport my firearms out of reach and I have not found an instance where any law enforcement agency is under the impression that it needs to be out of reach in Wisconsin. To me it is a non-issue. Within the past week a district attorney declined to prosecute a woman who was found to have an encased, but loaded, gun on her passenger seat. The DA mentioned that they are unsure whether the transport statute is even constitutional. The violation for improper transport has a maximum fine of $100.

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    Quote Originally Posted by theicemanmpls View Post
    Ray,
    What would you do if you didn't have a cap, or a cover over the bed?

    Put your firearms, and ammo in the back seat. Put them in some kind of container that can be locked down.

    Follow the rules in posting #2. It is quoting federal law. Source is an NRA website.

    IMO, an electricans ty-wrap can be a lock. You need a key (cutters) to open it.

    You will be fine.
    Thanks.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson

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    Straight forward, unloaded and cased.

    Transportation of firearms. In general, possessing or transporting a firearm in a motor vehicle, motorboat, all-terrain vehicle, or aircraft is prohibited unless the gun is unloaded and in a carrying case. [ss. 167.31 (2) and (3),23.33 (3) (e)] An unlawfully transported firearm is a public nuisance. [s. 29.927 (6g)]

    SOURCE= http://www.legis.state.wi.us/lrb/pubs/wb/08wb16.pdf

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