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Posted on 01/20/2002 4:46:48 PM PST by CFW
Baumgart, Doyle Propose Gun Ban
Pump Shotguns and Most Other Firearms Banned
Virtually every gun used to hunt in Wisconsin would be illegal to use under a bill authored by Senator Jim Baumgart at the request Attorney General Jim Doyle. The supposed terrorism legislation would outlaw the use of any pump, lever or bolt action rifle or shotgun as well as any revolver or semi-automatic firearm for hunting, self-defense or target practice.
In fact, only single-shot firearms, less than one-percent of all firearms, could be used by anyone except law enforcement and the military. Anyone using a firearm that holds more than one bullet or even owning a single bullet would be guilty of a Felony.
“If Baumgart and Doyle get their way, every hunter in Wisconsin would be an instant criminal, facing prison and a lifetime loss of voting rights,” said state Senator Dave Zien (R-Wheaton).
“Reloading your own shotgun shells could send you to prison for 15-years.” Rather than ban firearms outright, Doyle and Baumgart ban all types of ammunition by defining the bullet as both a “destructive device” and an “explosive,” the gunpowder as an “explosive” and even the tiny primer that ignites every bullet is specifically called a “detonator.”
Owning, possessing or using any of these items would be a felony offense, unless the citizens could prove they were only for use in “firearms that are designed to shoot no more than one shot without manual reloading” (i.e. single shot firearms).
“Can you imagine a Wisconsin elected official outlawing the use every pump shotgun and labeling every duck hunter a terrorist?” asked Zien. “Maybe the Attorney General should concentrate on the real terrorists and leave law-abiding gun owners alone.”
The bill even goes as far as allowing photographs of a person with banned material to be used as evidence of a crime. “This will make the picture of a hunter with her Remington 870 and a trophy buck evidence of terrorist activity,” said Zien.
In 1998, Wisconsin voters amended the state Constitution to protect the right of law-abiding citizens to posses and use firearms. Because the Constitution prevents Doyle from banning the gun, the only way he can deny hunters the use of their guns is to ban the ammunition.
“It is no wonder people are cynical about their government,” said Zien, author of Wisconsin’s Right to Keep and Bear Arms. “When the attorney charged with upholding our Constitution deliberately tries to thwart that Constitution and deny the will of the people, it gives all public servants a bad name.”
Information on the Attorney General’s website describing the points of Doyle’s “Anti-Terrorism Legislative Package” mentions nothing about the gun ban provisions. Zien noted the information distributed to legislators also mentioned nothing about the bans. Doyle can only propose the language to legislators. The legislative author (Baumgart) takes whatever he chooses from Doyle’s draft and introduces his own bill.
Baumgart likewise mentions nothing about the bans in his memo to legislators asking them to join as cosponsors of his bill.
“Unfortunately, a lot of well-intentioned legislators signed on to the 56-page bill without knowing this little treat was hidden inside,” said Zien. “If you are going to take away my right to shoot my deer rifle, at least admit it up front.”
Following are key provisions of the ban language as proposed by Baumgart/Doyle in Senate Bill 363 [Comments in brackets added]:
947.07 (1) (c) "Destructive device" means an overpressure device, or a device that contains an explosive or an incendiary and is designed or configured to cause substantial bodily harm, death, or property damage, including any of the following devices:
947.07 (1) (d) "Detonator" means a device containing an exploding charge used to initiate detonation in an explosive or a destructive device, or any device capable of initiating or setting off an explosive charge including, but not limited to, an impact device, a timing mechanism, a primer, primer or detonating cord, a detonating cap, detonating waves, electric blasting caps, blasting caps for use with safety fuses, a shock tube initiator, or detonating cord delay connectors. [A “primer” is the ignition device that sets off every bullet or shotgun shell.]
947.07 (1) (f) "Explosive" means any chemical compound, other substance, or mechanical system that is intended to produce an explosion capable of causing substantial bodily harm, death, or property damage, including such a compound, substance, or system that contains oxidizing and combustible units in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion; including, but not limited to, items on the list of explosive materials published pursuant to 18 USC 841 (d) and 27 CFR 55.23.
947.07 (2) (a) Whoever manufactures, buys, sells, offers to sell, transfers, distributes or possesses an explosive or a destructive device is guilty of a class C felony. [Class C Felony = Up to 15 year sentence.]
947.07 (3) (a) Whoever uses an explosive or a destructive device is guilty of a Class B felony. [Class B Felony = Up to 60 year sentence]
947.07 (7) (c) Ammunition for firearms or components for ammunition for firearms that are designed to shoot no more than one shot without manual reloading. [This is the only firearms related exception to the above restrictions. Attorneys agree, the exception would not apply to any gun that can be loaded with more than one bullet or shell.]
947.07 (8) Evidence. A photograph, electronic image, videotape, or other identifying evidence of an explosive, destructive device, detonator, or weapon of mass destruction that is properly authenticated as provided under ch. 909 is admissible as evidence in lieu of the actual explosive, destructive device, detonator, or weapon of mass destruction in any action or proceeding concerning an explosive, destructive device, detonator, or weapon of mass destruction.
Just like the Revolution when they banned "assault" rifles in California? I'll believe it when I see it.
The sneaky stuff that can be passed as law is amazing.
;-)
Well, then, I can point to a series of laws that served to help the AlQeada terrorists - most of them concern banning weapons or things that could be used as weapons from the hands of passengers on airplanes.
Seems to me that this Baumgart fellow is running further down the track to help out the AlQeada out there - banning more stuff, retricting the right of self-defense - seems to me that it's long over due to round this dude up and send him where he's more welcome.
Yeah, round up Baumgart and ship him out. We don't need his kind no more! Send him to France. Send him to Cuba.
Law-Abiding Citizens Allowed Self-Defense Trained, Law-Abiding Citizens to be Licensed to Carry Concealed Weapons
State Senator Dave Zien (R-Wheaton) and Representative Scott Gunderson (R-Town of Norway) are renewing their drive to give law-abiding Wisconsinites the ability to protect themselves and their families. The two are offering the Personal Protection Act (PPA) to allow law-abiding citizens to be licensed to carry a concealed weapon after a criminal background check and safety training. Most states already allow this form of self-defense.
Forty-four states allow some form of concealed carry for self-defense. Thirty-three of those states, representing 54% of the U.S. population, allow a right to carry similar to the Wisconsin proposal or even less restrictive. Vermont allows the right to carry without a license.
The legislators point out the law works by making criminals think twice before committing violent crimes. They note that over 40% of criminals in a scientific prison survey have decided against attacking a citizen they thought might be armed.
"Current law only protects criminals from citizens," said Zien. "The Personal Protection Act will level the playing field for the most common prey of criminals: women, elderly and disabled individuals."
In Wisconsin, only police officers are allowed to carry a concealed weapon. The penalty for illegal carrying is only a misdemeanor, small worry to someone considering rape, murder or armed robbery. So, the current law only prevents people who conscientiously follow the law from defending themselves. The law would give these individuals a strictly regulated means to carry a concealed weapon legally.
“The fact is the nine lowest violent crime rates in the country are in states that have concealed carry laws. These states, that allow individuals to carry concealed firearms, have seen tremendous drops in their rates of homicide, robbery, and aggravated assault,” stated Gunderson. “The statistics have shown that concealed carry laws have worked effectively to help lower violent crime rates by an average of 24%. In a time when we, as a legislature, are trying to figure out how to cope with an ever-growing prison population, a 24 percent drop in the violent crime rate in Wisconsin would be a welcome occurrence.”
Individuals 21 years old or older seeking a license would undergo a state Department of Justice background check to find and root out anyone with a criminal record. This is the same check the Brady Law provides. If it was determined that the person was not a felon, violent criminal, mentally incompetent or drug or alcohol dependent they could receive a tamper-proof, photo license upon paying a fee to cover all costs and proving they had successfully completed a designated gun safety course. The license could be suspended or revoked if the licensee was charged with or convicted of a crime.
“An individual that receives a concealed firearm license will have undergone firearm training, a more extensive background check than the Brady Law requires, and their information will remain on file with the Wisconsin Department of Justice,” contended Gunderson. “I believe all of the safeguards are in place for this to be a success in the state of Wisconsin. We intend to follow the example of states like Florida, where their concealed weapon law has been very successful because of quality training and education. In the state of Florida, there has never been a record of any accident or incident from a lack of training, and that is the level of success we intend for Wisconsin.”
The licensee would not be allowed to carry in a number of places including; taverns, schools, athletic events, police stations, jails, prisons or airports.
Licenses would be issued by Sheriffs who could issue temporary emergency licenses to a person whose life was in danger. Counties could opt out of offering the license or join with other counties to improve efficiency. But, no county could prevent its citizens from having the opportunity to be licensed.
“Wisconsin has a long history of local control,” said Zien. “This law will be administered locally by counties that can choose not to participate in licensing.”
"This is nothing radical. Most states have similar laws that work very well," said Zien. “In fact, not one state has ever revoked a law licensing citizens to carry concealed weapons.”
According to FBI crime data, states allowing concealed carry have a 24% lower violent crime rate, 26% lower homicide rate, 3% lower rape rate, 39% lower robbery rate and a 35% lower firearm robbery rate than restrictive states like Wisconsin.
"We want people to take a good hard look at the facts with an open mind," said Gunderson. "When we get beyond the knee-jerk reactions, people will realize that the evidence shows that most citizens can be trusted to act responsibly. The ones who can't be trusted are usually already armed, and obviously won’t undergo the stringent licensing procedures."
"We are not trying to ram anything through without giving people a chance for a good long look," said Zien. "The more facts are known, the more support we will have."
Lock and load!
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