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

jrm

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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/
 

Wisconsin Carry Inc.

Wisconsin Carry, Inc.
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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. [url]http://www.petitiononline.com/wi1848oc/petition.html[/url]

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:
[url]http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf[/url]

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

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

jrm

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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.
 

Wisconsin Carry Inc.

Wisconsin Carry, Inc.
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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
 

AaronS

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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.
 

Wisconsin Carry Inc.

Wisconsin Carry, Inc.
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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.
 

Nutczak

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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.
 

apjonas

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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.
 

jrm

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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.
 

Geoff

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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
 

logan

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This is great. Can't wait to see where this goes. I will try to donate if I can!
 

scorpio_vette

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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???
 

logan

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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.
 

lockman

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I thought the alleged violations contained in count #45 - 52 were 4th amendment issues not 14th, any explanation?
 

BROKENSPROKET

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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.
 
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