Constitutional Carry Bill
Brass I think you may be on to something here. Especially when you were specifically asked for input by your legislators. GOOD JOB. I think that there are some things to consider. Traditionally Wisconsin politicians have been very much on the liberal side. Even those thaat profess to call themselves conservatives. I like to refer to them as liberal conservatives. Even with their campaign promises I think it is unlikely that they are going to hand constitutional carry to us on a platter. There is going to have to be something in any bill or proposal that has something in it for them or for the major agencies the legislature caters to i.e. law enforcement and the DNR. There are two approaches I think can be taken. The first is a full fledged bill which is subject to tradeoffs and concessions and influence of special interests, not to mention a long drawn out legislative process. The Wisconsin legislature has traditionally been most interested in preserving a police state. I feel that any proposal that contains a number of suggestions of outright repeal of a number of statutes will imply to them a weakening of the police state and bring a lot of resistance. There is another approach. That is to present a bill that modifies existing statutes to our advantage but still give the legislature comfort that the statutes stay in place and give them something in return for their cooperation. I.d like to put in my two cents for your consideration.
My personal opinion is that there are three statutes that are our biggest concern. 941.23, 167.31 and 948.605. You are familiar with each.
Our chances of getting an outright repeal of 167.31 is nil. There is too much in the statute that the DNR needs in order to manage state wildlife. Things like discharge of firearms at game from roadway, discharge of firearms at game in or on a vehicle, discharge of a firearm at game from a aircraft, discharge of a firearm at game from a motor boat, shooting towards an occupied building and others. The chance of the DNR giving that authority up is not probable and the DNR has enormous influence with the legislature. It's resistance to outright repeal of 167.31 could jeopardize the whole effort. On the other hand I think a modification of 167.31 to remove paragraph 167.31(2)(b) could succeed. The majority of the bill remains intact for the DNR and the portion that is most troublesome to us is gone.
Outright repeal of 941.23 might also be difficult because it looks on the surface that doing so would weaken law enforcement authority. However it is possible to modify it so that it supports our cause and still retains, in fact, strengthens authority. My idea of possible modification is listed below.
The third statute that impairs our rights is the Gun Free school Zone law. The parts that are most onerous are the overly strict penalty for inadvertant violation and the 1000 foot zone. Outright repeal of 948.605 is unlikely to succeed. There are too many legislators, democrats and republicans alike, and their constituents that will not accept any compromise that would appear to put school children at risk. I think, though, that the legislature may be willing to eliminate the 1000 foot perimeter zone if the rest of the bill is left so that protection on the school property is still preserved. Especially if the part that forbids off duty police officers from carrying weapons on school property and within that zone. That is one issue the various law enforcement agencies has been pushing the legislature to do for a number of years. My idea of how the staute could be modified so that both sides of the issue are served is listed below.
The advantage of modifying existing law is that it avoids some of the lengthy legislative process. It also minimizes the poetic license the legislative reference bureau can use when drafting a bill. The LRB is supposedly immune from a political agenda. I think that is hardly the case.
Another approach that might work is to use a statute from a state that already recognizes constitutional carry. I would suggest Arizona's August 2010 version. Possible to modify it to fit Wisconsin. Being that it is a bill already in force would probably have some influence on the legislature. At least it might detract the legislature from trying to copy Minnesota's law.
941.23 The people may carry firearms, either concealed or visible, subject to the following restrictions:
941.23.(1). Persons carrying firearms must be over the age of 18.
941.23.(2). The invidual must never have been convicted of a felony crime in this state or of a crime in another state that would be a felony in this state.
941.23.(3). The individual must never have been convicted of a crime of domestic violence.
941.23 (4). The individual must not be a registered sex offender.
941.23 (5). The individual must not be judged mentally impaired by court order.
941.23 (6). On private property conspicuously posted at the entrance with a sign having a surface of a minimum of 14 inches square and with letters a minimum of one inch in height.
167.31 Vehicle transport of firearms.
167.31(2)(b). Remove from statute.
948.605 Gun Free School Zones.
Existing wording
(1) DEFINITIONS. In this section:
(c) “School zone” means any of the following:
1. In or on the grounds of a school.
2. Within 1,000 feet from the grounds of a school.
Change to.
(c) “School premises” means any school building, grounds,
recreation area or athletic field or any other property owned, used
or operated for school administration.
Existing wording:
(2) POSSESSION OF FIREARM IN SCHOOL ZONE. (a) Any individual
who knowingly possesses a firearm at a place that the individual
knows, or has reasonable cause to believe, is a school zone is
guilty of a Class I felony.
Change to read: (extracted from 948.61). Note: this was copied from 948.61 so it has important precident.
(2) Any person who knowingly possesses or goes armed with
a dangerous weapon on school premises is guilty of:
(a) A Class A misdemeanor.
(b) A Class I felony, if the violation is the person’s 2nd or subsequent
violation of this section within a 5−year period, as measured
from the dates the violations occurred.
Existing wording:
(2) (b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds;
2. If the individual possessing the firearm is licensed to do so
by a political subdivision of the state or bureau of alcohol, tobacco
and firearms in which political subdivision the school zone is
located, and the law of the political subdivision requires that,
before an individual may obtain such a license, the law enforcement
authorities of the political subdivision must verify that the
individual is qualified under law to receive the license;
3. That is not loaded and is:
a. Encased; or
b. In a locked firearms rack that is on a motor vehicle;
4. By an individual for use in a program approved by a school
in the school zone;
5. By an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
6. By a law enforcement officer or state−certified commission
warden acting in his or her official capacity; or
Change to.
(2) (b) Paragraph (a) does not apply to the possession of a firearm:
1.That is not loaded and is encased and placed in a vehicle.
2. By an individual for use in a program approved by a school.
3. By an individual in accordance with a contract entered into
between a school and the individual or an employer of the individual;
6. By a law enforcement officer or state−certified commission
warden.
Existing wording:
(3) DISCHARGE OF FIREARM IN A SCHOOL ZONE. (a) Any individual
who knowingly, or with reckless disregard for the safety of
another, discharges or attempts to discharge a firearm at a place the
individual knows is a school zone is guilty of a Class G felony.
(b) Paragraph (a) does not apply to the discharge of, or the
attempt to discharge, a firearm:
1. On private property not part of school grounds;
2. As part of a program approved by a school in the school
zone, by an individual who is participating in the program;
3. By an individual in accordance with a contract entered into
between a school in a school zone and the individual or an
employer of the individual; or
4. By a law enforcement officer or state−certified commission
warden acting in his or her official capacity.
Change to:
(3) DISCHARGE OF FIREARM ON A SCHOOL PREMISIS. (a) Any individual
who knowingly, or with reckless disregard for the safety of
another, discharges or attempts to discharge a firearm at a place the
individual knows is a school is guilty of a Class G felony
(b) Paragraph (a) does not apply to the discharge of, or the
attempt to discharge, a firearm:
1By an individual in accordance with a contract entered into
between a school and the individual or an employer of the individual; or
2. By a law enforcement officer or state−certified commission
warden.