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Thread: Handgun carry in state and municipal parks

  1. #1
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    Handgun carry in state and municipal parks

    Just wondering what, if any, effect the McDonald ruling will have on carry of firearms in state and municiple parks . SCOTUS has declared that the second amendment is to be incorporated to the states. In the past year the federal government, under cover of the second amendment, passed legislation to allow carry of handguns for personal protection in the national park system. I wonder if that legislation is now also extended to the state and local level.

  2. #2
    Regular Member Teamtnt2004's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    Just wondering what, if any, effect the McDonald ruling will have on carry of firearms in state and municiple parks . SCOTUS has declared that the second amendment is to be incorporated to the states. In the past year the federal government, under cover of the second amendment, passed legislation to allow carry of handguns for personal protection in the national park system. I wonder if that legislation is now also extended to the state and local level.
    I know for a fact that at least here in Janesville you can carry in the public parks as long as no events are going that serve alcohol. The only one here I can think of is the 4th of July. I fish all the time in Janesville parks while carrying.

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    It (legislation extended) may be, but no court opinions or legislation has been issued by Wisconsin on the subject. We are still subject to state laws however unconstitutional we may regard them. We are advised by our administrator not to advise gaining standing.
    Quote Originally Posted by RULES!
    WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    Last edited by Doug Huffman; 08-03-2010 at 07:30 AM.

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    I said I was just wondering. I was not advocating anything. How do you ever determine an answer if you can't ask the question?

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    Quote Originally Posted by Captain Nemo View Post
    I said I was just wondering. I was not advocating anything. How do you ever determine an answer if you can't ask the question?
    Sorry, not directed at you or anyone in particular.

    In the short term, no effect. In the long term, effect a function of time, interest and political pressure.

  6. #6
    bhancock
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    I don't see anything in the decision that automatically extends the right over existing laws. Some DA's will not file referred charges from LEO. Some local LE agencies may not enforce the prohibition in some areas. But I think the key will be to lobby the legislature to repeal the offending statutes and clearly preempt local ordinances with force. La Crosse County does not feel that the prohibition in county parks is more strict than the state statute that bans loaded carry in state parks, they are equating county parks on the same level as state parks and not seeing that they are expanding the area of restriction by including county parks. The legislature will need to write the preemption law more clearly so local lawmakers can understand their intent.

    I believe the McDonald case and what will most likely be a few challenges to local laws based on McDonald vs Chicago will have an effect eventually, but the wheels of government and justice move slowly in America.

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