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WI Supreme Court: Loaded Gun In Car w/o Permit is Illegal


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#1 kwc

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Posted 10 April 2018 - 07:36 PM

I dont know enough about Wisconsin law to speak intelligently about this, but I was under the impression the law allowed those not licensed to carry a concealed handgun to still possess a loaded handgun in a vehicle.

The State Supreme Court just ruled otherwise.

Any insight from Illinois northern neighbors on this one?



Link: http://www.startribu...-law/479282103/

The article:

MADISON, Wis. The state Supreme Court says a man who had a loaded handgun in his glove compartment violated Wisconsin's concealed carry law.

Police in Milwaukee stopped Brian Grandberry in 2014 and found a loaded semi-automatic pistol in the glove compartment. Grandberry didn't have a concealed weapon permit and prosecutors charged him with violating the state's concealed carry law.

Grandberry argued on appeal that he was following the state's safe transport statute, which allows Wisconsin residents to transport loaded, uncased pistols. He argued the transport statues and the concealed carry prohibition are in conflict.

The Supreme Court ruled 6-1 Tuesday that the statutes aren't in conflict because a person can satisfy both laws by simply obtaining a concealed carry permit.

Grandberry's attorney, Leon Todd, didn't immediately respond to a message.

Edited by kwc, 10 April 2018 - 07:37 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

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#2 lawman

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Posted 10 April 2018 - 07:41 PM

Last time I looked at the Wisconsin Concealed Carry Act, it permits open carry without a license.  However, open carry is not allowed in a vehicle, so this would be a no brainer for the court.



#3 kwc

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Posted 10 April 2018 - 07:50 PM

The transport laws appear to allow it.

http://docs.legis.wi...statutes/167/31

(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.

Edited by kwc, 10 April 2018 - 07:51 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#4 kwc

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Posted 10 April 2018 - 08:06 PM

Here’s another article that contains more information:

https://www.jsonline...paign=speakable
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#5 kwc

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Posted 10 April 2018 - 08:16 PM

And here is the published opinion:

https://www.wicourts...df&seqNo=210924
"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#6 cybermgk

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Posted 10 April 2018 - 09:00 PM

Not a Lawyer, Not  Wi resident.  But, what I read above, was the saw transport provision was added with/or for the concealed carry laws.   It was also badly written (surprise).  Thus the SCOW clarified it's intent in the transport law.


Edited by cybermgk, 10 April 2018 - 09:00 PM.

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#7 Mr. Fife

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Posted 11 April 2018 - 05:49 AM

Grandberry argued on appeal that he was following the state's safe transport statute, which allows Wisconsin residents to transport loaded, uncased pistols.
Maybe Wisconsin also considers the glove compartment to be a case.
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#8 tkroenlein

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Posted 11 April 2018 - 05:49 AM

How asinine is it that responsible citizenship is judged by one's ability to follow a given set of inane conditions when possessing a firearm.

#9 Twostarrz

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Posted 11 April 2018 - 07:31 AM

Glove compartment is out of plain view which would then in my opinion be concealed? On the passenger seat might ge ok? All speculation of course.

#10 Tango7

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Posted 15 April 2018 - 07:22 PM

How asinine is it that responsible citizenship is judged by one's ability to follow a given set of inane conditions when possessing a firearm.


Part of the reason they pushed for CCW was a MKE shopkeeper (Hamdan) was busted for UCCW for having a gun on his person inside his store when it was allowed by the law. The WiSC essentially told the legislature the next time a case came up that if they didn't enact CCW they would have to rule the entire UUW statute null and void.

Of course, they didn't take months trying to find a justice that didn't have ties to their machine in order to get the case heard first.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.




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