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Proposed Wisconsin carry law
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Open carry has always been the law of the land in Wisconsin, however some people are now having regrets they supported the Governors two veto’s of concealed carry legislation. There is new talk from the Milwaukee District Attorney and Milwaukee Police Chief about passing a concealed carry law in exchange for our liberty. Well, no thank you.
It is impossible to believe that Milwaukee’s Chief of Police and all of Milwaukee’s police officers really can not control crime and felons with the tens of thousands of laws already on the books. We all know what the problems are and enacting more laws for criminals to ignore and break is not the solution.
Since a carry law is not really about guns (or “gun rights”) but a citizen’s right to possess the proper tool needed to maintain their constant state of peace, I am providing a basic framework below about what a good carry law for Wisconsin should include. Anyone may disagree but if you do there are some rules you must follow. I expect you to provide independently verifiable evidence why I am wrong (your opinions do not count) and then offer an alternative idea that can be verified will work better. If you want the legislature to write a good carry law, it is more likely to happen if you tell them exactly what you want.
Let’s begin.
There are states that allow both unlicensed open carry and have a permit system which provides more authority to those who are willing to be trained and more closely examined. Wisconsin could be one of them.
I propose not to change Wisconsin Statute 941.23, the open carry law. Any law abiding citizen should be able to exercise their right to openly carry a weapon as they may do today (some restrictions apply). No one is forced to obtain a permit to openly carry now and that should not change.
For those citizens who obtain a permit, they should be granted certain exceptions to specific state statutes. For example, an exception for those with a permit would be made to Wisconsin Statute 941.23 allowing a permit holder to carry weapon either openly or concealed. Other exceptions to state statutes would be school zones, bars, state parks, government buildings, vehicles, you get the idea. This would create a statewide carry law, not a concealed carry law.
Permits to carry would be issued on a “shall issue” basis to eligible applicants to carry or possess firearms (open or concealed) for those who meet the following criteria below.
a) People who are at least 18 years of age, who complete approved training, an application and pass a NICS background check, shall be issued a permit to carry by the issuing authority. No other information may be required.
b) Applicants must complete an approved course of training initially and at renewal.
c) Information about permit holders will be included on a private list available only to law enforcement for their official use only.
d) Non-residents meeting the same requirements may also apply for a Wisconsin permit.
e) New permit applicants will pay a non-refundable fee of $25 for a permit that is valid for five years. The renewal fee is $10.
f) Application, training certificate, copy of driver’s license or passport must be presented in person or mailed (postmarked) to the issuing authority within one year from the date of training.
Those meeting the above criteria shall be issued a carry permit card within 30 days of proof of mailing or receipt of application, or a written reason why application was denied. Denials or revocations (once a permit is issued) may be appealed to a circuit court for review. If the court finds the reason for denial or revocation was not clear and convincing the permit must be immediately issued or reinstated and the issuing authority shall be obligated to pay all court costs, including those of the applicant or permit holder.
Below are some benefits for having a permit system.
* The carry privilege is valid everywhere, statewide and no unit of government or governmental agency including city, county, or state may infringe on the rights of a permit holder to go armed except into courtrooms and correctional facilities.
* Private enterprises (non-governmental entities) may post a 11x17 inch sign at every entrance to ban guns within their premises only if they provide a substitute equivalent individual security for the permit holder being disarmed. However, landlords may not prohibit firearm possession by permit holders in common areas, or by their tenants or their guests. No one may prohibit lawful firearm possession in any temporary or permanent parking lot.
* Permit holders may carry, possess or transport uncased and loaded firearms within all types of vehicles.
* Permit holders may purchase guns they are lawfully allowed to possess, without a waiting period or limit on the number of guns purchased.
* Permit holders do not have a duty to retreat anywhere they may lawfully be.
* Approved training must include firearm safety, conflict avoidance, the judicious use of lethal force, the basics of the carry law and a shooting qualification.
* The carry permit may revoked by a circuit court if the permit holder is proven in a clear and convincing way to be a danger to themselves or others.
* The state shall allow lawful carry in Wisconsin of all citizens who possess a valid permit to carry issued from any other state. Wisconsin shall enter into reciprocity agreements or recognize all other states who issue carry permits
* Notwithstanding any other restriction, firearm possession may not be prohibited in temporary or permanent parking lots.
* If a permit holder has a defensive gun use and is found not criminally liable by court order or investigation, they are granted immunity from civil prosecution.
* Emergency permits may be issued immediately if the applicant is not prohibited from possessing a firearm.
* Employers may prohibit employees from possession a firearm while on the job (except for storage in a vehicle in any parking lot).
* The penalty for violating a permit holders rights (unlawful posting for example) is a $5,000 fine per permit holder per occurrence.
* The issuing authority, certified training organizations and certified trainers are not liable for the acts of permit holders.
* The issuing authority shall promptly certify training organizations who then may certify trainers
* The state will maintain a list of all people who do not have a permit. This list would be useful to law enforcement when responding to a crime because it would include all criminals. This list would therefore be public.
If the permit carrier becomes ineligible at any time under state or federal law from possession a firearm, the permit immediately becomes void and must be returned to the issuing authorities’ office within five business days.
People without a permit to carry but with a lawful hunting license may carry a firearm according to their license, applicable hunting regulations and state statute.
The legislature expressly reserves to itself, all authority to regulate individual rights which are protected by the state constitution.
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