This post is aimed at those that think constitutional carry will be as long and arduous as getting concealed carry passed and to those that believe constitutional carry must be approached a piece at a time so as to not be conspicuous. It is aimed at those that think that constitutional carry will be as elusive as the proverbial carrot and that we should settle for our shall carry privilege.
The year 2011 was a tremendous year for us. The passage of Act 35, Act 51 and the recent Castle Doctrine law dramatically heralded our right to personal protection by use of weapons.
Many review Act 35 and Act 51 only in terms of licensing for concealed carry under the new statute 175.60. Or for the carry of uncased firearm in a vehicle during the activity of hunting. The Acts are much more than that. They make changes to a number of other state statues. Changes that have a direct impact to and endorsement of constitutional carry. I list some of them below. Those that I do list are those I feel are pertinent to handgun carry for the act of personal protection.
Act 35 (2011)
SECTION 3. 23.33 (3) (e) of the statutes is amended
to read:
23.33 (3) (e) With any firearm in his or her possession
unless it is unloaded and enclosed in a carrying case or
unless the firearm is a handgun, as defined in s. 175.60 (1)
(bm), or any bow unless it is unstrung or enclosed in a carrying
case.
Comment: Carry of a loaded and visible handgun on an ATV not prohibited.
SECTION 21. 66.0409 (6) of the statutes is created to
read:
66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried. Any ordinance
in violation of this subsection does not apply and may not
be enforced.
Comment: Localities may not charge disorderly conduct, barring mitigating circumstances , for the singular act of carrying a loaded firearm, concealed or visible.
(2) ISSUANCE AND SCOPE OF LICENSE. ss175.60
(c) Unless expressly provided in this section, this section
does not limit an individual’s right to carry a firearm
that is not concealed.
Comment: Recognition that visible carry is constitutionally protected.
SECTION 55. 941.23 (2) (e) of the statutes is created
to read:
941.23 (2) (e) An individual who carries a concealed
and dangerous weapon, as defined in s. 175.60 (1) (j), in
his or her own dwelling or place of business or on land
that he or she owns, leases, or legally occupies.
Comment: The concealed weapon prohibition statute does not apply to these conditions.
Act 51 (2011)
Section 1. 23.33 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 35, is renumbered 23.33 (3c) (a) and amended to read:
23.33 (3c) (a) With No person may operate an all-terrain vehicle with any firearm in his or her possession unless it the firearm is unloaded and enclosed in a carrying case or unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), or any bow unless it is unstrung or enclosed in a carrying case.
167.31 (2) (a) (intro.) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor running, unless the one of the following applies:
1. The firearm is unloaded or is a handgun, as defined in s. 175.60 (1) (bm),
Section 11. 167.31 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 35, is renumbered 167.31 (2) (b) (intro.) and amended to read:
167.31 (2) (b) (intro.) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless the one of the following applies:
1. The firearm is unloaded or is a handgun
Section 13. 167.31 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 35, is amended to read:
167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, as defined in s. 175.60 (1) (bm), in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
Bottom Line: We are not that far from constitutional carry. The above statutes support that we have the constitutional right to carry a loaded, visible or hidden, handgun in our homes, in our business, on our land, on our property. In addition to carry a loaded and visible handgun in or on our vehicles. The Castle Doctrine supplants this right by declaring we have the privilege of using weapons in those locations to protect person and property under the presumption of innocence.
The only locations we are prohibited from carrying a concealed handgun, besides those specific law enforcement and judicial locations detailed in ss175.60, are: Public and private locations that are duly posted IAW Act 35 (unfortunately our constitutional right to open carry got sucked into that vortex).
This and my original post is a call to arms that when the legislature reconvenes we must get vocal and convince one or more legislators that we aren’t that far from constitutional carry and that the costs to manage a licensing system is not reasonable. Convince one or more to take up the fight.