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Thread: Wisconsin Carry Inc. challenges state school zone open carry ban - lawsuit filed!

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    Gun rights group Wisconsin Carry, Inc. has filed a federal lawsuit challenging the constitutionality of the Wisconsin school zone law. In the same case, members Dave Bernson and Frank Hannan Rock sue Milwaukee and Racine, respectively, for wrongfully arresting them and confiscating their firearms. The complaint may be viewed here:

    http://www.georgiacarry.com/wci_wiscon/


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    Wisconsin Carry, Inc. Wisconsin Carry, Inc.'s Avatar
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    For immediate release:

    On January 8th 2010 Wisconsin Carry, Inc. filed a lawsuit in Federal Court to challenge the constitutionality of Wisconsin's onerous Gun Free School Zone Act.

    Wisconsin's Gun Free School Zone Act (GFSZA), which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The Federal GFSZA was struck down as unconstitutional in 1995. Wisconsin's GFSZA remains.

    In 1998 79% of the voters in the great state of Wisconsin voted Article 1 Section 25 into our state constitution. "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose". The Constitutions of the United States and Wisconsin guarantee the right of individuals to keep and bear arms; and as the United States Supreme Court held in the DC gun ban case, DC v. Heller, "bear" means "carry." Wisconsin’s Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state. It is an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges. Wisconsin's GFSZ Act places someone who was innocently walking their dog around their subdivision at night while armed in danger of felony charges if they should happen to cross these invisible school zones which extend nearly a quarter mile out from the edge of school property and many properties that are not identified as schools!

    More than 2000 people have signed our online petition calling on the Governor and Legislature to repeal this law. http://www.petitiononline.com/wi1848oc/petition.html

    Wisconsin Carry is a non-profit corporation dedicated to the preservation and reclamation of the basic rights critical to a free society. Our membership believes in the founding principles of our country and our constitution: That all are created equal, that governments exist to protect the rights of individuals, and that governments derive their power from the consent of the governed. Our mission is to preserve, advance and expand these basic rights which law-abiding citizens are entitled to have a practical ability to exercise.

    A copy of the Federal Lawsuit can be viewed at:
    http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf

    Wisconsin Carry, Inc.'s Website is http://www.wisconsincarry.org

    Membership forms are available here: http://www.wisconsincarry.org/pdf/Me...pplication.pdf

    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Sweet.

    Taking donations?

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    gbu28 wrote:
    Sweet.

    Taking donations?
    If you're interested in joining WCI or donating something to them, go to their web site for information about them. If you just want to donate to support the lawsuit, you can send donations to:

    John Monroe IOLTA Account
    9640 Coleman Road
    Roswell, GA 30075

    Just note on the check or in a cover letter that your donation is for the WCI case.

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    Check will be sent as soon as I get home.

    Keep us updated please!

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    Wisconsin Carry, Inc. Wisconsin Carry, Inc.'s Avatar
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    There will be another announcement in a few days informing the public where/how they can join Wisconsin Carry, Inc. We will be using the membership fees to advance carry rights (both open and concealed) here is Wisconsin.

    We started 2010 with a $100 donation to the "Packing Heat for the Hungry" event.

    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    http://www.WisconsinCarry.org
    http://opencarry.mywowbb.com/forum57/
    Hubert@WisconsinCarry.org
    608-792-0669

    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    I don't think this link was posted anywhere...

    http://www.jsonline.com/news/wisconsin/81034582.html

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    Regular Member AaronS's Avatar
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    Great job, I can't wait to see what comes of this. As far as I can see (er, read), it should work out well for us all. I will send what I can to help fund this one.

  9. #9
    Wisconsin Carry, Inc. Wisconsin Carry, Inc.'s Avatar
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    Thanks gbu

    http://www.jsonline.com/news/wisconsin/81034582.html

    A gun rights group has sued the state and two cities over enforcement of Wisconsin's law against carrying firearms within 1,000 feet of a school.

    The lawsuit, filed in federal court in Milwaukee Friday, claims that "Wisconsin's Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state." It calls the law "an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges"

    The lawsuit was filed by Wisconsin Carry, Inc., David Bernson of Milwaukee and Frank Hannan Rock of Racine. It names as defendants Gov. Jim Doyle, the city of Milwaukee and one of its police officers, and the city of Racine and two Racine officers. It seeks to have the law declared unconstitutional and damages for the two men over their arrests and confiscation of guns.

    According to the suit:

    Bernson was arrested near his home in May 2008, and though he was subsequently released without charge, the city has refused to return a gun that was seized from Bernson's home. Bernson's request for the gun was denied in part because he had allegedly possessed it at a gas station within 1,000 feet of a school.

    In September, Rock was arrested on his front porch in Racine, and had his gun confiscated, when he refused to identify himself to officers. Ultimately, he was not prosecuted for obstruction but was told that because he lives within 1,000 feet of a school, officers would have probable cause in the future to arrest him if he has a gun and refuses to identify himself.

    Milwaukee city attorney's office officials said they had not seen the lawsuit Friday. Officials with the governor's office and city of Racine could not immediately be reached for comment.
    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    Rock & Roll!!!

    I am glad this case has been filed, and I fully expect a huge victory that will forward/help usregainour 2A rights in the state of WI, and hopefully for the residents of states that also enforce the unconstitutionalGFSZ laws.

  11. #11
    Founder's Club Member protias's Avatar
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    That is awesome!
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    The federal GFSZA was reenacted after the Lopez case. It may be vulnerable but is a valid statute as of right now. You would think people filing suit would know this.

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    apjonas wrote:
    The federal GFSZA was reenacted after the Lopez case. It may be vulnerable but is a valid statute as of right now. You would think people filing suit would know this.
    This case has nothing to do with the federal GFSZA.

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    Good work guys. I'm glad to see someone stand up against the school zone ban.

    I don't recall reading about the GFSZ law being used against Hannan-Rock, but the way he was treated is a serious infringement of his rights.

    Have any articles been posted about Bernson's arrest? This is a new one to me.

    Keep up the good work.

    Geoff

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    This is great. Can't wait to see where this goes. I will try to donate if I can!
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
    Walther PPS 9mm, Ruger LCP
    CC permits: MN, FL, NH, PA and CO

    Member of:
    Wisconsin Carry, Inc., Rocky Mountain Gun Owners, and National Rifle Association

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    jrm wrote:
    gbu28 wrote:
    Sweet.

    Taking donations?
    If you're interested in joining WCI or donating something to them, go to their web site for information about them.¬* If you just want to donate to support the lawsuit, you can send donations to:

    John Monroe IOLTA Account
    9640 Coleman Road
    Roswell, GA¬* 30075

    Just note on the check or in a cover letter that your donation is for the WCI case.

    please do not take this the wrong way, i just want to be cautious just incase. why is the mailing address for monetary funds of a WISCONSIN related gun group going to Georgia???

  17. #17
    Campaign Veteran logan's Avatar
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    scorpio_vette wrote:
    jrm wrote:
    gbu28 wrote:
    Sweet.

    Taking donations?
    If you're interested in joining WCI or donating something to them, go to their web site for information about them. If you just want to donate to support the lawsuit, you can send donations to:

    John Monroe IOLTA Account
    9640 Coleman Road
    Roswell, GA 30075

    Just note on the check or in a cover letter that your donation is for the WCI case.

    please do not take this the wrong way, i just want to be cautious just incase. why is the mailing address for monetary funds of a WISCONSIN related gun group going to Georgia???
    The attorney is John Monroe, from Georgia. So I would assume that's why.
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
    Walther PPS 9mm, Ruger LCP
    CC permits: MN, FL, NH, PA and CO

    Member of:
    Wisconsin Carry, Inc., Rocky Mountain Gun Owners, and National Rifle Association

  18. #18
    State Researcher lockman's Avatar
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    I thought the alleged violations contained in count #45 - 52 were 4th amendment issues not 14th, any explanation?

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    Did something just hit the fan???:what:

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    logan wrote:
    scorpio_vette wrote:
    jrm wrote:
    gbu28 wrote:
    Sweet.

    Taking donations?
    If you're interested in joining WCI or donating something to them, go to their web site for information about them. If you just want to donate to support the lawsuit, you can send donations to:

    John Monroe IOLTA Account
    9640 Coleman Road
    Roswell, GA 30075

    Just note on the check or in a cover letter that your donation is for the WCI case.

    please do not take this the wrong way, i just want to be cautious just incase. why is the mailing address for monetary funds of a WISCONSIN related gun group going to Georgia???
    The attorney is John Monroe, from Georgia. So I would assume that's why.
    I asked myseld the same question. I thought it might be someone trying to scam, but I did my research before I posted. Still, I think all donations should go to Wisconsin Carry Inc. and let them pay the lawyer.

  21. #21
    Campaign Veteran logan's Avatar
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    BROKENSPROKET wrote:
    I asked myseld the same question. I thought it might be someone trying to scam, but I did my research before I posted. Still, I think all donations should go to Wisconsin Carry Inc. and let them pay the lawyer.
    Agree.
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
    Walther PPS 9mm, Ruger LCP
    CC permits: MN, FL, NH, PA and CO

    Member of:
    Wisconsin Carry, Inc., Rocky Mountain Gun Owners, and National Rifle Association

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    jrm wrote:
    apjonas wrote:
    The federal GFSZA was reenacted after the Lopez case. It may be vulnerable but is a valid statute as of right now. You would think people filing suit would know this.
    This case has nothing to do with the federal GFSZA.
    In the "immediate release" it states:

    "Wisconsin's Gun Free School Zone Act (GFSZA), which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The Federal GFSZA was struck down as unconstitutional in 1995. Wisconsin's GFSZA remains"

    The original GFSZA (federal) was indeed deemed unconstitutional, however, congress passed a new GFSZA shortly after, and it still remains on the books.

    IF the state law were to be struck down, the federal law (which has basically the same wording) would still be in effect.

    So in essence, if the state law got struck down, but not the federal, you'd be exchanging a Class I felony, with 3 1/2yrs in prison and/or a $10,000 fine for a Federal felony with 5 years in a federal prison and/or a $5,000 fine
    Rand Paul 2016

  23. #23
    Wisconsin Carry, Inc. Wisconsin Carry, Inc.'s Avatar
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    scorpio_vette wrote:
    please do not take this the wrong way, i just want to be cautious just incase. why is the mailing address for monetary funds of a WISCONSIN related gun group going to Georgia???
    After consulting with several attorneys regarding this matter, Attorney Monroe was chosen by the Board of Directors. There have been some individuals on here who were critical of people/organizations seeking funds for legal purposes, who had stated, tell us where the escrow account is and we'll donate, but we won't line anybody's pocket, or something to that affect. That was the purpose of Attorney Monroe posting the location of where to send the funds directly.

    Should you wish to donate to Wisconsin Carry, Inc. we are currently working on a down-loadable membership form that you can fill out and mail back, as well as a Internet based form both should be available late next week.

    lockman wrote:
    I thought the alleged violations contained in count #45 - 52 were 4th amendment issues not 14th, any explanation?
    Now although the source is WikiPedia, this is the best explanation I could find on short notice as to why it is a 14th amendment violation.
    Its Due Process Clause has been used to apply most of the Bill of Rights to the states. This clause has also been used to recognize: (1) substantive due process rights, such as parental and marriage rights; and (2) procedural due process rights requiring that certain steps, such as a hearing, be followed before a person's "life, liberty, or property" can be taken away. The amendment's Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions.
    Now I am not an attorney, but here goes as best as I understand it:

    Plaintiffs Bernsonand Hannan-Rock were denied a hearing before their property and liberty was seized.

    As the green highlighted portion suggests,we are all supposed to be equal under the law, but the GFSZA precludes the WCI members from freely exercising their RTKBA. In many cities (that's why we need the GFSZ maps of as many as possible) it is impossible to walk from one end of town to the other while freely exercising our constitutional RTKBA.

    As tocomments about the FEDERAL GFSZA, this was taken from this site: http://wise.fau.edu/~tunick/courses/conlaw/gunlaw.htmlwhich is a copy of the actual congressional record.
    The original act made it a Federal crime to knowingly bring a gun within 1,000 feet of a school or to fire a gun in these zones, with carefully crafted exceptions. The Gun-Free School Zones Act of 1995 does exactly what the old act did. However, it adds a requirement that the prosecutor prove as part of each prosecution that the gun moved in or affected interstate or foreign commerce.
    Again, we consulted several attorneys before proceeding and they were all in agreement as to this course of action.

    Load up, Hoslter up, and Carry On.

    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    http://www.WisconsinCarry.org
    http://opencarry.mywowbb.com/forum57/
    Hubert@WisconsinCarry.org
    608-792-0669

    edit: for punctuation
    Hubert Hoffman, Vice President
    Wisconsin Carry, Inc.
    P.O. Box 270403
    Milwaukee, WI. 53227
    Hubert@wisconsincarry.org
    608-792-0669
    http://www.wisconsincarry.org
    Disclaimer: Wisconsin Carry, Inc. is not affiliated with opencarry.org or these web forums. Questions about discussion forum policy or forum moderation should be directed to the owners of opencarry.org not Wisconsin Carry, Inc.

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    The original GFSZA (federal) was indeed deemed unconstitutional, however, congress passed a new GFSZA shortly after, and it still remains on the books.

    IF the state law were to be struck down, the federal law (which has basically the same wording) would still be in effect.

    So in essence, if the state law got struck down, but not the federal, you'd be exchanging a Class I felony, with 3 1/2yrs in prison and/or a $10,000 fine for a Federal felony with 5 years in a federal prison and/or a $5,000 fine
    You seem to believe that it is not possible to be prosecuted by both the state and federal governments for the same behavior. That belief is inaccurate.

    Congress didn't really pass a "new" act, they just amended the old one. No federal court with jurisdiction over WI ever has said that the amendments make the act constitutional.

    Again, however, this case has nothing to do with the federal act.

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    Seems to me, in order for me to walk off my property while carrying, both the state and federal law either have to be changed or shot down. This case, if successful, will take care of one of those obstacles. I'm not following the negative aspect of it.:?

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