§ 16-54. Safe use and transportation of firearms and bows.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Aircraft has the meaning given under Wis. Stats. § 114.002(3).

Encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

Firearm means a weapon that acts by force of gunpowder.

Highway has the meaning given under Wis. Stats. § 340.01(22).

Motorboat has the meaning given under Wis. Stats. § 30.50(6).

Roadway has the meaning given under Wis. Stats. § 340.01(64).

Unloaded means any of the following:

(1)

Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

(2)

In the case of a cap lock muzzle-loading firearm, having the cap removed.

(3)

In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.

Vehicle has the meaning given under Wis. Stats. § 340.01(74), and includes a snowmobile, as defined under Wis. Stats. § 340.01(58a).

(b)

Prohibitions; motorboats and vehicles; highways and roadways.

(1)

Except as provided in subsection (c) of this section, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(2)

Except as provided in subsection (c) of this section, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(3)

Except as provided in subsection (c) of this section, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

(4)

Except as provided in subsection (c) of this section, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet in the center of a road.

(5)

A person who violates subsections (b)(1) through (4) of this section is subject to a forfeiture of not more than $100.00.

(c)

Exceptions.

(1)

Subsection (b) of this section does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

a.

A peace officer, as defined under Wis. Stats. § 939.22(22).

b.

A member of the U.S. armed forces.

c.

A member of the National Guard.

(2)

Subsections (b)(1), (2) and (3) of this section do not apply to the holder of a scientific collector permit under Wis. Stats. § 29.17, who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

(3)

Subsections (b)(2) and (3) of this section do not apply to the holder of a permit under Wis. Stats. § 29.09, who is hunting from a standing automobile in accordance with that subsection.

(4)

Subsection (b)(2) of this section does not prohibit a person from leaning an unloaded firearm against a vehicle.

(5)

Subsection (b)(4) of this section does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(Code 1989, § 11-2-3)