Legal Question in Criminal Law in Wisconsin

Statute of Limitations for Carrying a Concealed Weapon, Lawful Transportation of Weapons in Cars

The statute of limitations for all criminal matters in WI is six years, except that there is no time limitation on charging homicides. If you want to force the issue, you can begin civil litigation to recover your property. However, this might also trigger the issuance of the criminal charges which could otherwise potentially "get lost" in the system. You should therefore think carefully before doing this. In order to convict you of carrying a concealed weapon, the state would have to proved that you knowingly had a "dangerous weapon" which was "concealed and available." Courts have interpreted this to mean that is must be readily within you reach in order for you to be convicted. If the jury did not believe the officer when he said that the gun was in the front seat, or had any reasonable doubt about his claim, you should be found not guilty by the jury (unless the gun was otherwise easily within you reach). DNR regulations and other statutes also require all guns which are being transported in vehicles to be fully enclosed in a case and unloaded in order to be legal (in addition to being stored out of the driver's reach). In popular hunting areas, the "trunk rule" is often relaxed in during open season on certain back country trails where it may be legal to shoot game on the road (However, it is never legal to shoot on any state highway or near inhabited areas). However, even then there is no exception to the unloading and casing requirements anywhere, regardless of where in the vehicle the weapon is stowed.