Travel with a gun
 

I will be traveling from South Dakota to WI and then through MN to get back home. I would like to bring my shot gun. Does anyone know if this is legal?
Thanks!

Keep it unloaded in a case and you should be fine

Would I get arrested or something if it were loaded?

http://files.dnr.state.mn.us/rlp/reg.../full_regs.pdf
Page 17.

You will have to look up the regs in WI and SD.

How are you getting to WI? If you are going through IA you need to check those regs too. Otherwise it's a pretty big jump from SD to WI.

I will be on I90 going across MN to get to WI. :)

Just asked hubby and he said in IA that you need to have the gun unloaded in a case with the shells separate. Sure you don't want to come over on 20? :)

If caught, probably yes. And if you were pulled over for some sort of traffic violation it might happen. Keep it unloaded and cased up. For arming yourself with loaded weapons you need conceal and carry permits.

Federal law applies if traveling with firearms. 18 USC 926A specifically.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

"Not withstanding" is legalese for this statute over rides State, county, municipal laws.

Underline is mine. Note the place in vehicle restrictions.

Also, I CARRY a copy of the federal statute WITH ME when I travel, in case you have to educate an ignorant local cop of the law........because they are not lawyers. Might save you a spell in the local pokey and the fight to get your firearms back.

Same thing here in WI. Better to keep it cased and Unloaded then have to be trying to carry out out some other type of understanding of laws. Which laws are the strongest IS the one that gets enforced.

Ok...thanks everyone for the help!! :)

hmm...maybe I should go that way. But aren't the speed limits lower in IA? I get so frustrated driving 55. Like the song...I can't drive 55 lol!!

Probably the most important thing you could do to avoid problems is make sure not to give the law any reason to notice/stop you.

Don't speed or drive reckless, make sure your license plates are current, see that all lights and signals are operating correctly, and use your turn signals and dim your lights at the proper times.

I probably should not take the Iowa route then....I think I would have too much trouble not speeding. :cool:

In Wisconsin you only need it unloaded* , but a case protects the finish


*the better reason for the case is the federal gun free school zone act , that states that unless licensed by the state you are in you can not be on public property withing 1000 feet of the farthest edge of a schools property. how are you to know , good question so you keep it in a case unloaded and then you comply

I have traveled all over the Midwest with a gun , outside of maybe getting picked up in Chicago I don't think you have much of any thing to worry about.
and out of sight is out of mind.

one of the very few times (2) I was ever picked up for speeding , (got off with a warning) i had my 30-06 behind the seat of my truck oh and i was 18 , he didn't ask i wasn't breaking the law with the gun , so i accepted my warning thanked him said I was sorry I would watch my speed better and went on my way.

now venturing out east might be different but story but the Midwest , Michigan , Iowa ,Wisconsin , Minnesota an even Illinois away from Chicago has never been any issue.

if they happen to ask you and they happened to ask why , i would say well we were on vacation and i thought i might get to a range and do a little shooting , during my time off.

I wouldn't volunteer that you have your shotgun unless your asked should you get stopped for speeding, no need if your unloaded and cased

In this climate, I simply do not trust cops. Period.

If I have a pistol or a long gun in my vehicle, it's concealed. I don't tell them about it and I would not consent to any searches. Whether it's loaded or unloaded, they aren't likely to know about it.

I would try to comply with the law as much as possible without endangering your safety, but also without breaking your fifth amendment right against self-incrimination. No police officer has the right to an ask you if you have any weapons in your vehicle. When I've been asked that before, I don't lie to them outright, but I evade the question with a smile and a joke ... "Why, officer? Is this a bad neighborhood or something?"

Now we're probably all good citizens who want to obey the law and we all thinks cops are just doing their job keeping us safe (from speeders) and all that ... but there's a good citizen right now on trial for his life in one state and he complied with each and every gun law.

In this day and age ... best just to keep your head down, don't speed, and don't volunteer any information. Don't be a jerk about it, because that attracts suspicion, but a good ol' boy persona and a smile will carry you far in almost every location from South Dakota to Wisconsin.

Enjoy your trip!

I don't have a case... :teehee:...or trunk. Just a beat up and dirty pick up truck with an Aussie hiding on the back seat floor. And all my gear on the back seat.

Stop at that big sporting goods store there in South Dakota on your way through and go buy one of those $3 "gun socks". It's not a hard case, but it's a closable fabric material you can put your gun in.

Then stick that shotgun behind your seat and don't sweat it.

When a cop pulls you over for speeding or having a tail light or similar reason - you dont ever allow him to search your vehicle - he has no right to do that - they may ask but just politely say - no thanks - I have a right to carry permit in Pa. and often have a handgun in my waist band - this permit is also good in some other states - I know one politican introduced a bill to make it permissable to use one state's permit for all the other states - when traveling I like to have a firearm for protection - if I'm going through a state where my Pa. permit is not recognized I would have my gun unloaded but have some ammo real close by - I use to go fishing up to Canada a lot but because of their crazy gun laws I don't go there anymore - up there they expect you to defend yourself with a baseball bat and you got to make sure you don't use excessive force when you do - most people get into trouble when they let a cop search their vehicle - something you never do -

Are you talking about Cabelas? that is in Mitchell. Not on my way at all but maybe I can order one on line and get it before I leave. Thanks!!:)

I'm afraid if I say no to a search they will think of some reason to haul me in...And I have my dog. >worried< That would not be good at all....

I think I should probably just stay home :(

Well what is the Reason for you wanting to take a shotgun? Going target shooting? Selling, trading. or just showing it to a friend? Hunting? If none of those just leave it at home. Situation Cleared up. Have a happy trip.

Yeah. I've been there a couple of times when I would do work in South Dakota (which is an awesome state, by the way).

Better than staying in jail if all the advice given here by non-lawyers isn't correct..........It's your own responsibility to know.

geo

just about any store around that sells any kind of gun stuff is going to have a case

or you can make one your self if you got a few minutes and a sewing machine

point is , out of sight is out of mind

part of why i like to travel with a pistol , it hides so easy , just about any were and no one has a clue.

if some one needs a reason to carry a gun , my reason is cause

cause, he is going on a long trip , and it makes feel better , cause he wouldn't leave the tools to work on his truck home , why would he leave his other tools home , cause it's his right , cause it is his right protected by the constitution.

Need or reason to bring your gun with , that's just some gun hating talking , you may not even realize it , but thats like justifying bringing your voice with you so you can practice your first amendment right
Need , you don't need to justify your 2nd amendment right , that's leftover talk from the days of figuring out how they could keep a black man from protecting himself so they could kill him or run him off.
Martin Luther King was told he didn't NEED a Alabama concealed carry permit , because he had insufficient NEED and this is why you shouldn't have to justify why you carry , cause in some ones eyes you won't ever have enough NEED you will be lying dead on the floor with a knife in your chest , and they will look back and say well maybe he did need a gun after all , then they will go so far as to say but could he really have stopped it anyway , you let me worry about if i need it or not or if it will do me any good or not , just don't get in my way.

NOT LEGAL ADVISE.

But from what i have read (in some states). Behind the last row of seats is considered your "trunk" so if your truck has a backseat put it behind there. Put the ammo in the locked glovebox and take your ins. card and registration out of the glovebox in case you do get pulled over(So they don't see the ammo).

Dont put the ammo and gun in the same place and keep em hidden and all should be fine.

Unless you give em a reason to search your car (by seeing the gun or other reasons) you will have no problems. If you get a speeding ticket you get a ticket and go on your way.

A lot of cops in rural areas will ask if you have a firearm when they ask for your license. It is illegal to lie, at least in some states. Better off following the law regarding whether or not it's loaded.

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A cop has no right to ask you if you have a gun in your car - it's none of his business - you need to show him your drivers license, registration and insurance information - that's it - there are a number of sites on google put there by law firms that deal with cops stopping people - they advise you what you should do when stopped - if you are asked to step out of your car they even advise that you close your car door so the cop doesn't stick his head in - we have rights and we need to utilize them otherwise we will lose them - the same with firearms - we have the 2nd amendment and we need to express our right to keep and bear arms - if some cop makes a false arrest - you sue him - that's one way to get cops acting the right way - most cops are half decent guys but there are some that are just plain wise guys -

Well one of the reasons is because I will be sleeping in a tent in northern WI and I am afraid of bears. :o

Minelson, when you are traveling, federal law allows you to keep an unloaded gun in the trunk as long as the destination State allows it. If for example, you get pulled over in Illinois on your way to Tennessee, don't feel guilty or nervous, there's nothing the Illinois cop can legally do about an unloaded gun in the trunk.

Anytime you get pulled over, whether you have a gun or not, hand the cop your license, insurance, and registration and keep your mouth shut. If the cop asks you questions, tell him you are not comfortable talking with the police without a lawyer present, that's it. And don't feel guilty about it or feel like he will think you are hiding something. Always be polite, but know your rights. If he asks if you mind if he searches the vehicle tell him that you do not consent to any searches or seizures.

Here is a helpful video on how to handle a traffic stop:

An unfortunate dilemma. You're in the position of being afraid of both bears AND cops. :)

Just get a cheap case and put gun in it.
Problem solved.
Have a nice trip.

I don't go to places that are afraid of armed citizens. No way of going there without subsidizing them with gas taxes, etc.

Often, if you are from out of state, they trade pretty heavy on you not suing them because it's so much trouble. I'd need an awfully good and compelling reason to visit an anti-gun state these days.......Joe

well enjoy Wisconsin , I don't think you will have any problem with your gun in WI , they passed act 51 2 years ago , so that you no longer need a case the unloaded shotgun could ride on the seat next to you , right up until your within 1000 ft of a school unless you have a concealed carry license valid in WI with a CCL you only need to stay off the school property.

I was in Madison the 2nd most anti gun place in WI and i saw a guy riding around with a rifle and a shotgun in a vertical mount between the seats of his truck , uncased


I been driving around Wisconsin since i was 16 with a gun behind the seat unloaded and cased never once was asked or had a problem.

Thanks! I am originally from WI ...the Milw/Waukesha area. I will be stopping to visit in Madison, Greenfield, Big Cedar Lake, Theresa, Then up to Loyal (maybe) and Webster ( both to visit HT members) and then Winter and then Spooner. :)

Minelson, I can't comment on your question regarding transporting a shotgun but a shotgun isn't what you need to protect yourself from bears, unless you're hoping the noise is a deterrent.

I'd think a slug or two might do the trick.

Chuck

It will do better than anything else will any way

Minelson , I grew up south of Milwaukee in SE WI not far from Kenosha , now i live at the half way point between the Mississippi and lake Michigan

I used to live up towards Beaver dam and out in Mt Horeb. I have family all over the state well the eastern 2/3 any way.

The problem with that advice is that it pretty much guarantees you get ticketed by a POed cop. My last two traffic stops I was armed, as usual, and told the cop before I handed over my license. It set a good tone both times and no tickets.

Bring a can of bear spray.