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How new concealed carry law affects hunters
Opening day of the 2011 gun deer season in Wisconsin is now in the rearview mirror.
It will long be remembered by many not for the lack of snow cover in the woods, the end of Earn-A-Buck except in the chronic wasting disease zones or the number of deer registered by hunters wearing blaze orange.
No, this year will be remembered as the year Gov. Scott Walker signed Senate Bill 228 into law to be effective Nov. 19, opening day of the gun deer hunting season.
For 94 years, Wisconsin law required all long guns to be transported unloaded and in enclosed cases. Now, with new words and the stroke of the governor's pen, the rules have been changed to include loaded concealed carry and open carry handguns, uncased long guns, bows and crossbows.
Following are questions and answers provided by the state Department of Natural Resources for clarification on the new law:
A number of the answers provided below were revised on Nov. 10 to clarify that it remains illegal to place a loaded long gun (rifles, shotguns and muzzleloaders) inside any vehicle. A loaded long gun may only be placed on the top or exterior of a stationary motor vehicle, or leaned against a stationary motor vehicle.
Q Do firearms still have to be in a case before they are placed in or on a motorized vehicle, including ATVs, UTVs, snowmobiles and farm implements?
A No. Effective Nov. 19 for rifles, shotguns and muzzleloaders, and Nov. 1 for handguns, firearms no longer have to be in a case in order to place them in or on a vehicle, or to transport them unloaded in or on a vehicle.
Q Do firearms still have to be unloaded before they can be placed in or on a motorized vehicle, including ATVs, UTVs, snowmobiles and farm implements?
A If the firearm is a loaded rifle, shotgun or muzzleloader, it can only be placed on the top or exterior of a vehicle which is stationary. It is important to be aware that it remains illegal to place a loaded rifle, shotgun or muzzleloader inside any motorized vehicle or to actually load any rifle, shotgun or muzzleloader while the firearm or person loading the firearm is still inside the vehicle. All long guns must be outside of a motorized vehicle before a person may load these firearms. A loaded firearm can be set down on the top or exterior of a stationary vehicle, but it must be unloaded before the firearm is placed inside or transported in or on the vehicle.
Q Is there any time when a person is allowed to actually load a firearm when they are still in or on a motorized vehicle?
A Yes. Handguns can be loaded by a person in or on a motorized vehicle. In addition, certain disabled individuals who hold a Class A or B hunt from a vehicle permit are still allowed to load a firearm and hunt from a stationary motorized vehicle.
Q Now that it is legal to place a loaded uncased firearm on a vehicle, is it also legal for a person to be sitting on the exterior of the vehicle holding the loaded uncased firearm?
A Yes, provided the vehicle remains stationary.
Q Since the law has changed to allow a person to possess a loaded uncased firearm when they are sitting on the exterior of a stationary motorized vehicle, does this mean a person can hunt and shoot from their parked and stationary motorized vehicle?
A No. Except for the pre-existing exemption for certain disabled hunters with the proper permit, it is still illegal to discharge a firearm in or from a motorized vehicle. The laws regulating hunting and discharge of a firearm in or from a vehicle and within 50 feet of the center of a roadway have not changed.
Q Can I use my truck or car as a shooting platform to rest my firearm on when sighting in my firearm or shooting at a deer?
A No. It is not legal to discharge a firearm in or from a vehicle.
Q In the past, it was only legal to lean an unloaded firearm against a vehicle. Is this still true?
A No. Now that it is legal to place a loaded firearm on a vehicle, this means it is also legal to lean a loaded firearm against a vehicle. Caution should be taken as vehicles can easily be jarred when a person opens or closes a door, or gets in or out of a vehicle, which might cause the firearm to fall to the ground. If loaded, this could lead to an accidental discharge.
Q Must the vehicle's engine be turned off in order to place or possess a loaded firearm on the exterior or against a vehicle?
A No. It is legal to have the motor/engine running, as long as the vehicle is not put in motion.
Refer to the website for additional questions and answers concerning 2011 Wisconsin ACT 51, dnr.wi.gov/org/es/enforcement/act51_faq.htm.
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