+1!!!!
Even add in a weapon enhancer!
Robbery, 1 year in jail, armed robbery 5 years in jail.
Walking into school with a handgun, no problem. Shooting into school, big problem!
Paul, this will never happen - it makes too much sense and would actually serve to deter crime. The liberal anti-gun types would never allow a gun law that actually could be shown to deter crime to make it into law. But it would be an ideal replacement for the Federal and WI GFSZ law as they presently exist.
One advantage of living in a (shall issue) State that issues permits for concealed carry and allows open carry (without a permit) is knowing how the current Federal Gun Free School Zones operate under the law as it currently exists. Perhaps my experiences can shed light on what might happen to permit carry vs constitutional carry with respect to the GFSZ act as it currently exists.
Utah permit on a person in Utah (resident or non-resident) - can carry concealed in a GFSZ including in the school buildings - can open carry in a GFSZ including the school buildings. Can carry Condition 1 either open or concealed.
No permit - open carry would not be legal in a GFSZ (except in your car). Utah Castle doctrine extends to your car. You can carry open or concealed, with or without a permit, in your home and your car (pickup, RV, etc). In Utah, open carry without a permit requires the handgun to be "unloaded" within the meaning of Utah Law - nothing in the pipe and two actions to fire for semi-automatics. Nothing under the hammer and next chamber empty for Revolvers.
Without a change to the Federal GFSZ law, Constitutional Carry would not protect against a GFSZ felony charge. Utah is considering Constitutional Carry and the local LEOs have two fears: 1) That because of ignorance, otherwise law abiding citizens will run afoul of the Federal GFSZ law, and 2) because training in the law was not required, otherwise law abiding citizens might unintentionally commit other firearms violations.
Having said that, I too believe that Constitutional Carry, open or concealed, is indeed the right of every US Citizen under the 2nd Amendment. With that right is an obligation to receive training in the applicable firearm laws; either in a formal setting or self-taught as each person chooses after evaluating how well they might stand up in a civil liability action. However, it will take a while for the laws to catch up to McDonald v Chicago. Politicians are loathe to repeal "feel good but do nothing" acts like the GFSZ laws.
Hound those Wisconsin legislators. Utah is obne of the few CFP States that allows open or concealed carry in a GFSZ. Nevada for instance, forbids open or concealed carry on school grounds - even with a Nevada CFP (except that you may remain in your car to pick up a student and having a Nevada permit does get you inside the 1000 foot magical veil, just not on school property). In order for a CFP to allow a person to carry in a GFSZ the State Legislature must allow it AND the state must issue a permit based on a background check. The part about the background check was left off an earlier citation of federal statute.
Bottom line, Constitutional Carry will not supercede the current federal GFSZ. The only way that happens without a change to the federal law is if WI issues permits based on background checks.
