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Falls Man Charged With Carrying a BB Gun, Hollow Point Bullets in His Car

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BROKENSPROKET

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Trempealeau County
I have cases that simply tie on the end and they are perfectly legal. Matter of fact, many gun shops use them for used rifles/pistols.

DNR Rule: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed."

Act 35-2011 changed 167.31 so that rule is no longer valid with that language.
 

HandyHamlet

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I knew there was more to this story than originally was reported.

Have you ever read even one post before commenting?

I know you won't read this but that's a rhetorical question. Also you don't need the green font to set yourself apart from the forum.

:banghead:
 

wild boar

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wisconsin
It could be that...

...the officer thought AB-237 was passed, If so, reasonable belief that a law was broken on the officers part would let the arrest stand. No more suit for false arrest! boar out. Ya, Ya, I know. Off topic.
 

MilProGuy

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Have you ever read even one post before commenting?

I know you won't read this but that's a rhetorical question. Also you don't need the green font to set yourself apart from the forum.

:banghead:

Boy, if the color font I use irritates you too, you are a little too "touchy". Just sayin'.:dude:

EDIT: Just to show you what kind of guy I am, I'm going to attempt to go back and remove all of the offensive green font from my previous posts; because I certainly don't want to offend anyone.
 
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Interceptor_Knight

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Sorry, it's concealed inside a lawful case per the DNR laws. .
If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).
DNR Administrative code is silent regarding "cased" or "encased" and general vehicle carry. Chapter 167.31 is a State Statute and not part of NR10.
Please get in the habit of citing your source for "laws" you reference. This will save you from posting false information.
 

Grapeshot

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--snip--
.......... you don't need the green font to set yourself apart from the forum.

:banghead:

Boy, if the color font I use irritates you too, you are a little too "touchy". Just sayin'.:dude:

Highlighting, bolding, underlining and typing in caps are ways to bring "special" attention to postings.

Indeed, typing in all caps is considered to be yelling and blocks of colored fonts can be hard on the eyes; so avoidance is a matter of courtesy too.

Generally people follow a forum standard as a matter of good principle, rather than going against the grain and thereby suggesting/implying that their posts are more worthy of consideration than those of others.

Bottom line - no don't think he was being too touchy - was giving good advice.
 

Grant Guess

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DNR Administrative code is silent regarding "cased" or "encased" and general vehicle carry. Chapter 167.31 is a State Statute and not part of NR10.
Please get in the habit of citing your source for "laws" you reference. This will save you from posting false information.

Well sonny, go look it up yourself. My data is ALWAYS reliable, unlike yours. Before I block your worthless arse, do a search at the WI DNR.

What are the casing requirements for firearms? The rule is as follows: “Enclosed in a carrying case’ for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed. No person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case. A vehicle includes ATVs and snowmobiles.

Enjoy cyberspace sonny.
 

Grant Guess

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The above is now out of date.

The definition of encased was changed by 11Act35:

167.31 Safe use and transportation of firearms and bows.

Prior to Nov. 1, 2011 the definition reads:



Nov. 1, 2011 and later the "expressly made..." is removed.

That is affirmative, which indeed makes it all the more suspect that he was nailed.
 

MilProGuy

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Mississippi
Highlighting, bolding, underlining and typing in caps are ways to bring "special" attention to postings.

Indeed, typing in all caps is considered to be yelling and blocks of colored fonts can be hard on the eyes; so avoidance is a matter of courtesy too.

Generally people follow a forum standard as a matter of good principle, rather than going against the grain and thereby suggesting/implying that their posts are more worthy of consideration than those of others.

Bottom line - no don't think he was being too touchy - was giving good advice.


Some others do use blue font on this forum. Is that okay?
 

littlewolf

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May 10, 2010
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A, A
If's the "BB" gun is one of those that also shoots .177 cal pellets then in falls under the same DNR rules as a regular long gun.

Must be unloaded and in a carrying case. (Case made for a Gun).

JJC

If I am not mishtooken "case made for a gun" has been changed to just "case"
 

Vandil

Regular Member
Joined
Sep 23, 2010
Messages
240
Location
Sun Prairie
Highlighting, bolding, underlining and typing in caps are ways to bring "special" attention to postings.

Indeed, typing in all caps is considered to be yelling and blocks of colored fonts can be hard on the eyes; so avoidance is a matter of courtesy too.

Generally people follow a forum standard as a matter of good principle, rather than going against the grain and thereby suggesting/implying that their posts are more worthy of consideration than those of others.

Bottom line - no don't think he was being too touchy - was giving good advice.

Green Font = Sarcasm Green.
Just in case someone might miss sarcasm in a comment.
 

MilProGuy

Regular Member
Joined
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Messages
1,226
Location
Mississippi
Green Font = Sarcasm Green.
Just in case someone might miss sarcasm in a comment.

I was under the impression that most of the sarcasm was in black font. It least the sarcasm directed towards me is usually in black font.

I shall change my green font since it seems to be causing disharmony among my fellow members.
 

Trip20

Regular Member
Joined
Nov 16, 2006
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526
Location
Wausau Area
I shall change my green font since it seems to be causing disharmony among my fellow members.

Nonsense! Do not be bullied by these heathens! You should make every post look like a bowl of Skittles! Taste The Rainbow b*tches! :lol:
 

Vandil

Regular Member
Joined
Sep 23, 2010
Messages
240
Location
Sun Prairie
Nonsense! Do not be bullied by these heathens! You should make every post look like a bowl of Skittles! Taste The Rainbow b*tches! :lol:

I was reading that as Charlton Heston, now I've got coffee to clean up.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
Well sonny, go look it up yourself. My data is ALWAYS reliable, unlike yours. Before I block your worthless arse, do a search at the WI DNR.

It's OK. We understand that new people to the board tend to make these kind of mistakes. This is common when people do not understand where to find this information. You may have been posting for a couple of months but you are not yet accustomed to finding the text of actual "laws".
What you shouldn't get in the habit of doing is making personal attacks on those who are trying to help you. Seeing how I can help you find the actual laws, I am far from worthless to you. The sooner you set aside your eagerness to insult and find a willingness to listen, the sooner you will learn something which will benefit you highly. Unless you are in your 80s, I would refrain from using terms like "sonny".

Like I suggested, go to the actual Statute or DNR Admin Code. The site rules require that you cite to authority. This means giving a Statute or Admin Code, etc number for reference. You make the off-hand insult that my data is not reliable yet I am the one who is citing to authority as is required. You made the rookie mistake of quoting the little paper pamphlet that you get free with your license. Those are glorified FAQs and have zero authority or enforcement power. They contain zero actual laws. They even give you a disclaimer on the cover. This one is from the deer pamphlet but all are similar..
This pamphlet gives you a summary of Wisconsin’s important deer hunting laws and how they affect you; it is not a complete set of all
the hunting related laws.
Regarding the actual laws, the DNR only has control over DNR Administrative Code. They do not have any control over Statutes although they have the authority to enforce them. That is why 167.31 is not a "DNR rule".
If you go to the actual Statute you will find that a pellet gun does not meet the definition of a firearm for the purposes of 167.31. This means that there is no "law" requiring a pellet gun to be in a case.

Here is where you find Statutes
https://docs.legis.wisconsin.gov/statutes/prefaces/toc

Here is where you find the DNR Admin Code
http://legis.wisconsin.gov/rsb/code/nr/nr1.html

What you want is NR10 for "hunting" DNR Code..
http://www.legis.state.wi.us/rsb/code/nr/nr010.pdf

If you need help with what Statute pertains to what law you can simply ask. I and others are willing to help you get up to speed.
 
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Interceptor_Knight

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Sorry, it's concealed inside a lawful case per the DNR laws.

This one is a joke and will get thrown out the instant that the DA reads the citation.
A dangerous weapon is concealed so long as it is hidden and within your reach. The fact that it is in a case is irrelevant. What is in question is whether a BB gun is a dangerous weapon according to the definition. As I already indicated, I believe that a good lawyer should be able to get this dismissed.
 
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davegran

Regular Member
Joined
May 1, 2009
Messages
1,563
Location
Cassville Area -Twelve Miles From Anything, Wiscon
It's OK. We understand that new people to the board tend to make these kind of mistakes. This is common when people do not understand where to find this information. You may have been posting for a couple of months but you are not yet accustomed to finding the text of actual "laws".
What you shouldn't get in the habit of doing is making personal attacks on those who are trying to help you. Seeing how I can help you find the actual laws, I am far from worthless to you. The sooner you set aside your eagerness to insult and find a willingness to listen, the sooner you will learn something which will benefit you highly. Unless you are in your 80s, I would refrain from using terms like "sonny".

Like I suggested, go to the actual Statute or DNR Admin Code. The site rules require that you cite to authority. This means giving a Statute or Admin Code, etc number for reference. You make the off-hand insult that my data is not reliable yet I am the one who is citing to authority as is required. You made the rookie mistake of quoting the little paper pamphlet that you get free with your license. Those are glorified FAQs and have zero authority or enforcement power. They contain zero actual laws. They even give you a disclaimer on the cover. This one is from the deer pamphlet but all are similar..

Regarding the actual laws, the DNR only has control over DNR Administrative Code. They do not have any control over Statutes although they have the authority to enforce them. That is why 167.31 is not a "DNR rule".
If you go to the actual Statute you will find that a pellet gun does not meet the definition of a firearm for the purposes of 167.31. This means that there is no "law" requiring a pellet gun to be in a case.

Here is where you find Statutes
https://docs.legis.wisconsin.gov/statutes/prefaces/toc

Here is where you find the DNR Admin Code
http://legis.wisconsin.gov/rsb/code/nr/nr1.html

What you want is NR10 for "hunting" DNR Code..
http://www.legis.state.wi.us/rsb/code/nr/nr010.pdf

If you need help with what Statute pertains to what law you can simply ask. I and others are willing to help you get up to speed.
Very nice reply; you show a lot of class and restraint....
clapping.gif

 
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