Wisconsin Concealed Carry bill introduced

Wisconsin Concealed Carry Association | 6/20/2003 | Dick Baker

[nuzman]

In an attempt to get this thread back on topic, here's a little more information on the current state of gun laws in WI. I wrote the following in April 2002:

****************************************

I am a trained journalist (previous career), not a lawyer. I did a search through the statutes at http://www.legis.state.wi.us/rsb/ and found the following info.

A few quick notes... apparently the prohibition on concealed weapons was used to determine a gun in plain view in a car is concealed.

Somewhere there was a either a law or court ruling that keeps local governments from enacting more restrictive firearms laws. I couldn't find it, but apparently a few localities (Madison?) had banned the sale of handguns.

I have heard of cases where a person was charged with carrying a concealed weapon on his/her own property. There is an annotation below that points to a concealed weapons conviction in the case of a legal act of self defense.

Finally, below is selected info from the WI statutes on firearms and concealed weapons.

Now to the specifics in WI law.

Wisconsin Constitution
Section 25 [as created November 1998]
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
[1995 J.R. 27, 1997 J.R. 21, vote November 1998]

941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).

To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).

A handgun on the seat of a car, indiscernible from ordinary observation by a person outside and within the immediate vicinity of the vehicle, was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).

There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999).

941.235 Carrying firearm in a public building
941.237 Carrying handgun where alcoholic beverages may be sold or consumed
941.296 Use or possession of a handgun and an armor-piercing bullet during a crime

941.29 Possession of a firearm
denies firearm possession by felons and mental disease or defect as well as the sale of firearm to such


***
Apparently concealed weapons charges will result even if a person legally uses a gun to defend him/herself and/or other persons. I found the following annotation to 115.31 regarding license or permit revocations.

A woman attempting to protect the lives of her daughter and granddaughters by shooting their potential attacker after issuing numerous warnings and taking actions in an apparent attempt to avoid shooting did not act contrary to commonly accepted moral or ethical standards. That she was convicted of carrying a concealed weapon did not necessarily show moral turpitude or bad purpose. Epstein v. Benson, 2000 WI App 195, 238 Wis. 2d 717, 618 N.W.2d 224.
***


939.22
(10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

annot
A firearm with a trigger lock is within the definition of a dangerous weapon under sub. (10). State v. Norris, 214 Wis. 2d 25, 571 N.W.2d 857 (Ct. App. 1997).


939.45
annot
There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State v. Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999).


941.295 all electric weapons illegal


948.60(2)(a)
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

948.60(2)(b)
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E felony.

948.60(3)(a)
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.

[ninenot]

The main points: the Wisconsin Constitution was amended a couple of years ago to permit ownership of weapons for 'any lawful purpose.' Prior to this Amendment, the WI constitution was silent on the "2A" issue.

The WI Supremes are now considering a case argued in Fall--briefly, the appellant was convicted of carrying concealed, but appellant believes that the amended WI. Constitution allows same (not really all the subtleties, but you get the idea.)

At the same time, legislation for "shall issue" was introduced last year and Chvala spiked it in the Senate after it passed the Legislature; now, after some revisions, Gunderson will be re-introducing similar stuff.

Either the WI Supremes or the Legislature will make carrying legal this year.

[Area51]

Oh gosh, pretty soon we'll be having Dodge City Style Shoot outs in Cheese country too.

When are you gun freaks gonna stop? I Mean come on, look at all the Shoot outs and duels that have already happened because of this kind of crazy legislation in the other 39 states where you gun freaks live! Stop it, stop it NOW. (/sarcasm)

[nuzman]

Well you know the university has been researching optional methods for putting holes in swiss cheese :-)

[Once-Ler]

The State should immediately pull ALL of its local aid dollars, and ALL of its school aid dollars, and reduce State taxes accordingly.

Gee, It's too bad McCallum didn't propose eliminating shared revenue. Maybe he would have won re-election with the conservative vote.
Oh wait.
He did.
Maybe you were calling your local legislator during last years budget but sorry, that was another loser...wanna try again?

[gnarledmaw]

Doyles position :Doyle/Baumgart weapons ban attempt

[timberlandko]

Yeah, I'm in; phone calls, letters, faxes, e-mails and all. I've been sort of a pest about this for a while now. The current tangle of gun laws here in Cheeseland is the typical pathetic, scattered mess. Most of the state, by area, is rural, and hunting and sport shooting arte big entertainments. However, Madison (The Brekely of The Midwest), Milwaukee, Lacross, and other metro areas are infested with interconnected nests of knee-jerk tree-hugging, gun-grabbing librul academics. The University of Wisconsin is the problem ... the folks in charge today are, as elsewhere, the radicals, yippees, and disruptors who brought us The Chaos of the Sixties ... they just stayed in the academic world, as opposed to going out and dealing with the real world. Truly, The Inmates have taken control of The Asylum. Fortunately, the rural populace, primarily conservative, is becoming increasingly activist. There is hope.
I'm looking forward to Concealed Carry. Slinging the old Mossberg Model 11 over the shoulder gets tiresome ;-)

[jpconservative]

Roll call on passage of the 2002 Personal Protection Act. Passed 58-40.

http://www.legis.state.wi.us/2001/data/votes/av0616.pdf

Six current Republicans voted against the bill, and eight current Democrats voted for the bill. Assuming the remaining Democrats voted no and the remaining Republicans voted yes, the bill would be six votes short for an override.

In the numbers game, Doyle could veto and have it sustained unless more Democrats or some of the Republicans from last session who voted against the bill change their mind.

[Monitor]

Greetings - This is a reminder of the Joint Senate & Assembly Committee hearing on the concealed carry bills (SB 214 & AB 444) at 10am, Tuesday, Sept. 9th at the State Capitol in Madison, Room 411 South.

At the door of the hearing room you will find a slip that you should fill out with your name/address and check the box for either "Testify in Favor" or "Register in Favor". Your name will be recorded on the official bill record after the bill receives a vote in committee. We hope to see hundreds of people in favor of the bills (based on attendance to similar hearings last session).

At noon the committees will take a lunch break and attendees may participate in a CONCEALED CARRY RALLY outside the capitol on the West Wing steps.

Now is also the time to write letters, send emails, and place calls of support to your State Senator and Assemblyman. If you don't know who to call, punch your address into this link: http://www.legis.state.wi.us/waml/
or simply call the Legislative Hotline 1-800-362-9472 and leave a message for your legislators. You should also continue writing "letters to the editor" supporting concealed carry. The general public must be educated about the FACTS of concealed carry, and not the baseless boogie-man scare tactics of the anti-gunners.

Please forward this to your friends and family. We're hoping for a good turnout! Wisconsin is 1 of only 6 states that outlaws self-defense. Let's show our support for this life-saving initiative!

See you Tuesday, and God Bless You.

Senator Dave Zien
Chairman - Senate Committee on Judiciary, Corrections and Privacy 608/266-7511