Lammie
Campaign Veteran
imported post
Support the 2nd;
Go back and read statute 948.605 more closely. It says a licenses issued by a political subdivision of the state. As it is presently written it says nothing about a license issued by the state. Your comment that "most states" accept a CCW permit as a license is invalid. As far as my research can determine only California and Wisconsin have a GFSZ statute drafted as a mirror image of the federal law. Wheter or not the courts in Wisconsin would view a CCW permit as a statewide license to carry a loaded concealed firearm in a school zone is questionable. As the statute is now written it would appear it gives the authority to recognize a CCW permit as a license to political subdivisions of the state. I would wish your comment was correct I'm afraid the answer is much more complicated.
As far as the vehicle carry statute is concerned; we are not in MN or UT. Before vehicle carry of a loaded firearm in a holster can be realized in Wisconsin statute 167.31(2)(b) will have to be recinded. The recentbutchering of Bill SB-222 by the legislature indicates that the present legislature audience is not about to relax the statute to accomodate vehicle carry for personal protection.
I am not crying defeat in regards to the existing statutes that bar handguns in taverns and firearms in goverment buildings. I speak from what I have read concerning the various court decisions on the impact of new legislation on legacy statutes. The State Supreme Court has said (Cole) that although Article I section 25 is a fundamental right, existing legacy statutes are considered constitutional. Other courts have shown a reluctance to accept that one statute trumps another. A prime example is the conflict between 948.23 and 167.31(2)(b). All the state courts have danced around that issue. Finally the legislature has never recinded a gun control statute. It is unlikely the legislature would say " You now have a concealed carry permit so now you can carry a handgun in a tavern and a firearm into any goverment building. Hell even on duty cops can't carry a firearm into a courtroom. Only the baliff is allowed to be armed.
I hope you are right and I am wrong, but I think not.
Support the 2nd;
Go back and read statute 948.605 more closely. It says a licenses issued by a political subdivision of the state. As it is presently written it says nothing about a license issued by the state. Your comment that "most states" accept a CCW permit as a license is invalid. As far as my research can determine only California and Wisconsin have a GFSZ statute drafted as a mirror image of the federal law. Wheter or not the courts in Wisconsin would view a CCW permit as a statewide license to carry a loaded concealed firearm in a school zone is questionable. As the statute is now written it would appear it gives the authority to recognize a CCW permit as a license to political subdivisions of the state. I would wish your comment was correct I'm afraid the answer is much more complicated.
As far as the vehicle carry statute is concerned; we are not in MN or UT. Before vehicle carry of a loaded firearm in a holster can be realized in Wisconsin statute 167.31(2)(b) will have to be recinded. The recentbutchering of Bill SB-222 by the legislature indicates that the present legislature audience is not about to relax the statute to accomodate vehicle carry for personal protection.
I am not crying defeat in regards to the existing statutes that bar handguns in taverns and firearms in goverment buildings. I speak from what I have read concerning the various court decisions on the impact of new legislation on legacy statutes. The State Supreme Court has said (Cole) that although Article I section 25 is a fundamental right, existing legacy statutes are considered constitutional. Other courts have shown a reluctance to accept that one statute trumps another. A prime example is the conflict between 948.23 and 167.31(2)(b). All the state courts have danced around that issue. Finally the legislature has never recinded a gun control statute. It is unlikely the legislature would say " You now have a concealed carry permit so now you can carry a handgun in a tavern and a firearm into any goverment building. Hell even on duty cops can't carry a firearm into a courtroom. Only the baliff is allowed to be armed.
I hope you are right and I am wrong, but I think not.