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Milwaukee council asks state to toughen gun laws

P

protias

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http://www.jsonline.com/news/milwaukee/68884257.html

Milwaukee council asks state to toughen gun laws By Larry Sandler of the Journal Sentinel
Posted: Nov. 3, 2009 12:06 p.m.
Milwaukee aldermen called Tuesday for the Legislature to toughen gun laws - including some changes aimed at a controversial gun shop just outside the city limits.
The Common Council urged lawmakers to adopt legislation that would require felons to stay 1,000 feet away from gun stores, shooting ranges and gun shows, and that would declare "straw buying" of guns to be a felony and failure to report stolen guns a crime.
Those measures came partly in response to concerns about firearms sold at Badger Guns of West Milwaukee. For years, Badger has been a leading supplier of guns used in crimes, including the weapons that wounded all six Milwaukee police officers shot in the past two years.
The Journal Sentinel has highlighted those issues in a series of stories.
Because felons are prohibited from buying guns, they sometimes use associates with clean records to purchase firearms for them, a practice known as "straw buying." That's a misdemeanor under state law and a felony under federal law.
Since 2007, 21 of 27 federal straw-buying cases in the Milwaukee area involved guns bought at Badger Guns or its predecessor, Badger Outdoors. An undercover investigation by Milwaukee police found continuing indications of straw buying at Badger, with felons freely entering the store and even using the firing range to practice shooting.
In some cases, straw buyers claim their guns have been stolen, which is why Mayor Tom Barrett and his allies want to require that stolen guns be reported to police.
Badger owner Adam Allan has said he tries to prevent straw buying and that his store's proximity to Milwaukee is the reason for its prominence in crime gun statistics. But a nearby store in West Allis has sold far fewer crime guns and has not been involved in as many straw-buying cases.
Milwaukee Police Chief Edward Flynn and Milwaukee County District Attorney John Chisholm recently split with Barrett by recommending the package of gun crime legislation include legalization of carrying concealed weapons, with tough penalties for anyone carrying a concealed gun without a permit. Wisconsin and Illinois are the only states that prohibit concealed carry.
But the package backed by the council does not include that measure, and instead calls for elevating second and subsequent concealed-carry offenses to felonies.
In other action, the council:
• Approved an agreement to borrow $48 million for Milwaukee Public Schools projects. The council previously gave preliminary approval to borrow up to $53 million, with federal stimulus funds picking up the interest payments, and further action is still needed to issue the bonds. This deal specifies which projects would be funded, particularly new science labs and maintenance for aging schools.
• Tightened standards for no-bid contracts. Current ordinances require council approval for such contracts if they exceed $50,000, but administrators can amend smaller contracts later to increase their amounts. Tuesday's action require the council's Finance & Personnel Committee to approve amendments that boost no-bid contracts past the $50,000 limit. The measure follows revelations that a no-bid contract was repeatedly amended to pay a former police captain more than $600,000 for a malfunctioning computer system.
• Set up a business improvement district along S. 27th St. in both Milwaukee and Greenfield, the first time such a district has reached across municipal boundaries. A separate district along S. Kinnickinnic Ave. in Bay View also won approval.
• Authorized a $23,973 settlement with former Police Officer Gregory Koestering, who was fired on accusations that he beat a handcuffed suspect in 2005. The Fire & Police Commission upheld his firing twice, but the first ruling was overturned by a judge, and the city was required to pay Koestering's salary and benefits until the second ruling. Koestering has already received his back pay; the settlement covers his benefits, with interest.
• Leased space in a city parking garage, 1118 N. 4th St., to a new restaurant that will be run by two local businessman, including the owner of Rosie's Waterworks, 1111 N. Water St. The space has been empty since the former tenant, Game Time, closed last year.
Click to expand...


I know this has been discussed before, but I thought it prudent to bring it up again.
 
Flipper

Flipper

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Looks like the door is open to firearms carry legislation..... who will be at table negotating for the pro-carry interests? And what political pain threats can be madeagainst those whodon't support pro-carry legislation.

Gary Sherman is still a state representative fromthe Ashland area after casting a Judas vote against carry legislation - even the NRA has been unable to get him out.

Ashland isMadison north withan anti-firearmstate representative and a mayor who is a MAiG member
 
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Mr.arker

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Yeah, you can talk about rifle accuracy under 1 MOA and which caliber has the best stopping power but these turds just pass laws and regulations and all of a sudden, it's moot.
That scary black rifle is all of a sudden banned, that handgun- well you can carry in your home but don't take it in your car or carry it on your hip. Without the ability to use weapons in an effective way when necessary, you might as well collect stamps.
What those eunuchs on the common council didn't mention is that those states that have felonies for CCW, all have concealed and/or real (not anomalous) open carry laws.
Not one thing they recommend will help stop crime.
Aaron S. ,you're right the exemption law will stop most of this because of the unified court system. That's according to DA Chisholm.
In another post, I stated that the city lobbyist explaining the proposed concealed weapon program, said that Flynn "was chief in VA and MA,in VA he had no influence on who received the permit, in MA he had all the power. Which way do you think they'll go if it ever even comes up for discussion?
 
AaronS

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Number

090838

Version

Substitute 2

Reference



Sponsor

ALD. DONOVAN and HAMILTON

Title

Substitute resolution directing the Intergovernmental Relations Division-Department of Administration to pursue introduction and passage of state legislation related to enforcement of laws regulating the illegal transfer and possession of firearms, requiring reporting of lost and stolen firearms, and prohibiting felons from approaching within 1,000 feet of retail firearms establishments.

Analysis

This resolution directs the Intergovernmental Relations Division-Department of Administration to pursue development, introduction and passage of legislation by the Wisconsin Legislature related to enforcing laws regulating the illegal transfer and possession of firearms, requiring reporting of lost and stolen firearms, and prohibiting felons from approaching within 1,000 feet of retail firearms establishments.



The legislation sought would accomplish the following:



Provide felony penalties for purchasing or securing a firearm for the purpose of transferring it to a felon or to any other person prohibited from purchasing or possessing a firearm under state or federal law.



Require that all firearm transfers of handguns to persons other than immediate family members be processed through federal firearm licensees (FFLs) for the purpose of conducting appropriate background checks.



Prohibit felons from approaching within 1,000 feet of a retail establishment that has as its substantial portion of its retail business, the sale or resale of firearms, firearm components, ammunition, or loading and reloading supplies, or from approaching within 1,000 feet of a commercial firing range or a gun show.



Prohibit felons from possessing firearm ammunition and increase penalties for persons found guilty of possessing a stolen firearm.



Require prompt reporting of lost or stolen firearms to appropriate law enforcement agencies.



Provide felony penalties for a second or subsequent offense of carrying a concealed weapon and prohibit the retail purchase of firearms by persons convicted of a 2 or more concealed carrying offenses whether or not the conviction is punished as a felony.



The resolution further directs the Intergovernmental Relations Division - Department of Administration to explore, and to report back to the Common Council, the feasibility of developing and pursuing passage of legislation addressing the following:



The development of a rigid permitting system for carrying concealed firearms that includes increased penalties for unpermitted carrying.



Establishing minimum mandatory penalties in addition to maximum penalties for violation of state firearm laws and rules.



Establishing an additional fee or increased sales tax for retail purchase of a firearm and committing a portion of the proceeds of the fee or tax to firearm violence prevention.

Body

Whereas, The epidemic of firearm violence continues to produce tragic injuries and deaths affecting Milwaukee families, neighborhoods and the health and safety of the larger community; and



Whereas, Unlawful possession and carrying of firearms is often the result of "straw purchases" and other intentional transfers of firearms to persons who are not legally entitled to possess or carry firearms due to prior criminal conviction or other prohibited status; and



Whereas, 2009 Assembly Bill 373 has been introduced in the Wisconsin Assembly providing felony penalties for false declarations by a firearm purchaser that the purchase is not made for the purpose of transferring the firearm to a person who is ineligible to purchase or possess a firearm: and



Whereas, Recent investigations conducted by law enforcement have found that felons with easy access to firearms retail establishments acquire firearms unlawfully and have been identified practice shooting in at least one retail establishment firearm range; and



Whereas, Passage of state laws providing minimum mandatory sentences for violation of firearm regulations may be a deterrent to the illegal possession and use of firearms; and



Whereas, Section 66.0409, Wis. Stats., presently limits the ability of the City of Milwaukee to address unique conditions of firearm violence through ordinances that respond to the criminal possession and use of firearms; and



Whereas, Additional legal tools to address the acquisition and use of firearms by felons and other persons prohibited from using or possessing firearms will contribute to a safer, healthier and more secure community; now, therefore, be it



Resolved, By the Common Council of the City of Milwaukee, that the Intergovernmental Relations Division - Department of Administration is directed to seek introduction and passage of the following state legislation relating to illegal possession and carrying of firearms:



Legislation such as 2009 Wisconsin Assembly Bill 373, providing felony penalties for acquiring a firearm, by straw purchase or otherwise, with the intent to transfer it to a person known or believed to be prohibited under state or federal law from possessing a firearm due to criminal history or other legal impediment.



Legislation prohibiting any person convicted of a felony, or authorizing a municipality from prohibiting any person convicted of a felony, from approaching within 1,000 feet of any retail establishment which, as a substantial portion of its business, engages in the sale or resale of firearms, firearm components, ammunition or reloading supplies, or within 1,000 feet of a commercial shooting range or gun show.



Legislation providing felony penalties for conviction of a second or subsequent offense of carrying a concealed weapon, and prohibiting persons with 2 or more convictions for carrying a concealed weapon from acquiring a firearm whether or not the convictions were for a misdemeanor.



Legislation requiring that the owners of firearms promptly report the loss or theft of any firearm to law enforcement authorities.



Legislation requiring that the transfer of a handgun, other than to an immediate family member, be processed through a federal firearms licensee (FFL) for the purpose of assuring an appropriate background check.



Legislation extending penalties for felons in possession to other categories of persons prohibited by federal laws from purchasing or possessing a firearm or firearm ammunition.



; and, be it



Further Resolved, That the Division of Intergovernmental Relations - Department of Administration explore and report to the Common Council about the development and feasibility of legislation addressing the following:



Amending or modifying the provisions of s. 66.0409, Wis. Stats., to authorize a municipality to regulate the sale, possession or use of firearms by persons prohibited from possession and use of firearms under state or federal law in a manner more stringent than provided in state law.



Establishing a rigid permitting system for carrying a concealed firearm and providing increased penalties for unpermitted carrying.



Establishing a fee or increased sales tax for the retail sale of firearms and committing a portion of the proceeds to firearm violence prevention activities.



; and, be it



Further Resolved, That the Intergovernmental Relations Division - Department of Administration is directed to provide copies of this resolution to the Governor and Attorney General of Wisconsin and to all members of the State Legislature who represent constituents in the Milwaukee region.

Requestor



Drafter

LRB09422-3

RLW

10/22/2009



Sorry it is so long...
 
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