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Thread: Online petition to repeal Wisconsin Statute 941.23 as Unconstitutional

  1. #1
    Regular Member cowboyridn's Avatar
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    Online petition to repeal Wisconsin Statute 941.23 as Unconstitutional

    WOW, in one day 72 signatures, keep encouraging everyone you know to sign this petition so when the newly elected officials take office in January, we the people of Wisconsin can present their voice in writing demanding they repeal Wisconsin Statute 941.23 and demand that they keep their campaign promise to the Wisconsin citizens who put them in office.

    In reading the postings, I have re-worded the petition to reflect the people’s demand’s in repealing Wisconsin Statute 941.23.

    KEEP PROMOTING THIS PETITION http://new.petitiononline.com/cgi-bi...e_petition.cgi


    Petition to repeal Wisconsin Statute 941.23

    The people of Wisconsin demand that the Wisconsin Statute 941.23 be repealed as it is unconstitutional and in violation of Article I, Section 25 of the Wisconsin Constitution and the Second and Fourteenth Amendments of the United States Constitution as was decided in the United States Supreme Court decisions in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), McDonald v. City of Chicago No. 08-1521 (U.S. June 28, 2010, and most recently in Wisconsin under State v. Donald L. Schultz, 2010 WI App 124 Jon M. Counsell Circuit Court Judge presiding for Clark County.

    The people of Wisconsin have a constitutional right to keep and bear arms which is a fundamental right, not created by the Second Amendment, but secured or recognized by it. The right to keep and bear arms is therefore not to be abridged by any State law. Wisconsin Statute 941.23 must be repealed under the application of the Fourteenth Amendment. Therefore, the people of Wisconsin demand the right to keep and bear arms for self defense and protection, and to enjoy that right without imposing governmental restrictions in doing so.
    Last edited by cowboyridn; 11-06-2010 at 06:42 PM. Reason: add link

  2. #2
    Regular Member cowboyridn's Avatar
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    Article I, §25 Right to keep and bear arms

    Article I, §25
    Right to keep and bear arms. Section 25. [As created Nov. 1998] The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. [1995 J.R. 27, 1997 J.R. 21, vote November 1998]

    Article I, §25 - ANNOT.
    The state constitutional right to bear arms is fundamental, but it is not absolute. This section does not affect the reasonable regulation of guns. The standard of review for challenges to statutes allegedly in violation of this section is whether the statute is a reasonable exercise of police power. State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01-0350.

    Article I, §25 - ANNOT.
    The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual's need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056.

    Article I, §25 - ANNOT.
    A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raise the constitutional defense: 1) under the circumstances, did the defendant's interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state's interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056.

    Article I, §25 - ANNOT.
    Under both Hamdan and Cole there are 2 places in which a citizen's desire to exercise the right to keep and bear arms for purposes of security is at its apex: in the citizen's home or in his or her privately-owned business. It logically and necessarily follows that the individual's interest in the right to bear arms for purposes of security will not, as a general matter, be particularly strong outside those two locations. An individual generally has no heightened interest in his or her right to bear arms for security while in a vehicle. State v. Fisher, 2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04-2989.

    Article I, §25 - ANNOT.
    The most natural reading of "keep arms" in the 2nd amendment is to have weapons. The natural meaning of "bear arms" is to "wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person." Putting all textual elements together, the 2nd amendment guarantees the individual right to possess and carry weapons in case of confrontation. However, like most rights, the right secured by the 2nd amendment is not unlimited. District of Columbia v. Heller, 554 U.S. ___, 171 L. Ed. 2d 637, 128 S. Ct. 2783, (2008).

    Article I, §25 - ANNOT.
    The 2nd amendment right to bear arms, is fully applicable to the states. The due process clause of the 14th amendment incorporates the 2nd amendment right recognized in Heller. However, incorporation does not imperil every law regulating firearms. McDonald v. Chicago, 561 U.S. ___, 130 S. Ct. 3020, ___ L. Ed. 2d ___ (2010).

  3. #3
    Regular Member cowboyridn's Avatar
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    Wisconsin statutes relevant to firearms how many are unconstitutional

    WISCONSIN STATUTES RELEVANT TO FIREARMS ANY OTHER STATUTES UNCONSTITUTIONAL?, HERE IS A LIST

    (full text may be found at http://www.legis.state.wi.us/rsb/stats.html

    Art. I, В§ 25 Wis. Const.: Right to bear arms

    23.33(3)(e) Transportation on all terrain vehicle

    29.089 Possession of firearm in state parks (formerly 29.557)

    29.089 - Currently, I’m working on a suit to have a judge declare the statute unconstitutional. I have sent a copy of the complaint to Mountain States Legal Foundation a non-profit organization and also sent a copy of the complaint to the ACLU in Madison asking both to pick up the case and file a court action for declaratory relief, essentially, declaring the statute unconstitutional. Have not heard back as of today, but the Mountain States Legal Foundation helped a Nevada man win his suit to carry a firearm in Nevada’s state parks, so, I'm hopeful they will do the same for me.

    29.091/29.621 Possession of firearm in wildlife refuge - this statute is included in the above mentioned suit to also have this statute declared unconstitutional as well.

    29.301 No hunting within 1700 feet of school/hospital

    29.304 Use of firearms by persons under 16 (formerly 29.227)

    29.314 Possession of firearm while shining animals (formerly 29.245)

    29.341 Duty on accidental shooting of another while hunting

    29.345 Reporting accidental shooting of self while hunting

    29.593 Hunter safety certificate requirement (formerly 29.226)

    29.861 Possession of firearm at wildlife exhibit

    29.927 Public nuisances

    49.127(8)(e)2 Suspension from food stamp program for trading food stamps for firearms/ammo

    51.20(13)(cv)1 Restriction on possession for mental health commitments

    66.92 Local regulation of firearms

    120.13(1)2m Expulsion from school for firearm possession

    167.30 Use of firearms near parks - this statute is included in the above mentioned suit to also have this statute declared unconstitutional as well.


    167.31 Transportation of firearms - When we get the newly elected officials to repeal Wisconsin Statute 941.23 this will not be an issue, as it wouldn't be unlawful to carry your firearm on your hip in a holster in your car, because it will be your constitutional right to carry concealed. Imagine, getting in and out of your car without having to uncase and encase your firearm.

    175.30 Purchase in contiguous states

    175.35 Background check/waiting period for handgun purchase

    175.37 Warning regarding firearms storage on retail sale of firearms

    813.12(4m) Prohibited possession under domestic abuse restraining order

    813.122(5m) Prohibited possession under child abuse restraining order

    813.125(4m) Prohibited possession under harassment restraining order

    938.341 Notice of prohibition: person adjudicated delinquent of a felony (formerly 48.341)

    939.22(10) Definition of dangerous weapon

    939.63 Sentence enhancer for possession/use of dangerous weapon during crime

    940.08 Homicide by negligent handling of a firearm

    940.09 Homicide by intoxicated use of a firearm

    940.24 Causing injury by negligent handling of dangerous weapon

    941.20 Endangering safety by use of firearm

    941.23 Carrying a concealed weapon -Sign the petition, so we can get this repealed!!!! it's unconstitutional.

    941.235 Possession of firearm in public building

    941.237 Possession of handgun in bar/tavern

    941.25 Machine guns

    941.26 Machine guns

    941.27 Machine guns

    941.28 Possession of short barreled rifle/shotgun

    941.29 Possession by prohibited persons

    941.295 Electric weapons

    941.296 Use/possession of handgun and armor piercing ammunition during crime

    941.2965 Facsimile firearm

    941.297 Imitation firearm

    941.298 Possession of silencers

    941.299 Laser pointers

    941.31 Possession of improvised explosive devices

    943.07 Shooting at railroad train

    943.10(2) Burglary: committing while armed or arming self

    943.32(2) Armed robbery: use or threat of use of dangerous weapon

    946.44 Introduction of firearm into jail/prison

    948.55 Storage of loaded firearm where children are present

    948.60 Possession by person under 18

    948.605 Possession in school zone - WCI has taken up this challange as unconstitutional

    951.09 Shooting at caged or staked animals

    968.20 Disposition of seized firearms

    973.033 Advising convicted felons of firearm possession prohibition


    Don Marso
    Last edited by cowboyridn; 11-06-2010 at 04:49 PM. Reason: misspelled words

  4. #4
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    I understand your idea Don, I just don't think it will work.
    First, there is not enough time to get enough signatures.
    Second, we still have to find a legislator that will take it and get the ball rolling.
    We could accomplish this with some good sit down face to face meetings with the right legislators.
    Third, the money that is donated here goes to the online petition site. I would rather my money goes directly to benefit the cause.

    Not trying to sound like an Arse here. Just thinking of what happened to the last petition. Where did it go and what was accomplished with it? It was forgotten. It took over a year just to get 2000 signatures. We don't have that kind of time.
    The repeal needs to get in front of Walker as soon as he takes office. We need to concentrate all of our time on making that happen.

  5. #5
    Regular Member cowboyridn's Avatar
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    I understand your idea Don but!!

    Quote Originally Posted by J.Gleason View Post
    I understand your idea Don, I just don't think it will work.
    First, there is not enough time to get enough signatures.

    Second, we still have to find a legislator that will take it and get the ball rolling.

    We could accomplish this with some good sit down face to face meetings with the right legislators.
    Third, the money that is donated here goes to the online petition site. I would rather my money goes directly to benefit the cause.

    Not trying to sound like an Arse here. Just thinking of what happened to the last petition. Where did it go and what was accomplished with it? It was forgotten. It took over a year just to get 2000 signatures. We don't have that kind of time.

    The repeal needs to get in front of Walker as soon as he takes office. We need to concentrate all of our time on making that happen.
    I'd like to think that it wouldn't take a year to get 2000 signatures, if it did in the last petition, than who ever ran the petition didn't promote it very well. I'd hope that every member here would take the time to sign the petition, and tell others about it and ask them to sign it.

    Other avenues of promoting the petition include but are not limited to sending a letter asking the following to donate a advertising spot for the cause:

    Newspapers, i.e. the State Journal (which would reach a lot of people)
    Radio
    Internet
    Posting flyers at businesses

    Obviously, this would take time to accomplish for one person, so, if anyone would like to help, let me know, I’m putting together a flyer today to promote the petition, and I could send it to those who would distribute it. I will post the flyer on this forum so that others can print it themselves and distribute.

    I didn’t realize the online petition site was going to request a donation until I signed it myself, once you sign the petition, and get to the donation page, just X out of the page without donating, it isn’t a requirement to donate in order to sign the petition.

    As far as delivering it to elected officials, I would either personally deliver the petition, if they would agree to let me, and if that isn’t an option, then I would mail it certified return receipt.

    There are those who sit and talk about the changes needed but, do nothing to bring about change, and there are those who talk about change but, say that’s been done before and it didn’t work, and give up, and there are those who talk about change, know that it’s been tried before, but, understand that persistence prevails and continue to fight for change, members, which one represents you?

    Don
    Last edited by cowboyridn; 11-06-2010 at 04:43 PM. Reason: wording

  6. #6
    Regular Member cowboyridn's Avatar
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    Letter sent to WCCA asking to promote within its members the petition

    Wisconsin Concealed Carry Association
    N3292 County Rd E
    Redgranite, WI 54970

    I’m Don Marso, and I have started a petition on line asking to Repeal 941.23 the states concealed carry law. We finally have a governor in office that is pro-concealed carry and we would like to see statute 941.23 repealed and for Wisconsin citizens to be able to carry concealed under the Wisconsin Constitution as we are currently allowed to do while open carrying. If you would, please distribute or post this petition on your web page so others can sign the petition. Thanks

    Wisconsin Concealed Carry Association URL http://www.wisconsinconcealedcarry.com

    I would also like to volunteer with your organization to promote concealed carry.

    URL http://www.petitiononline.com/13359477/petition.html


    Don Marso
    Retired Federal Law Enforcement Officer
    608-698-2023
    Last edited by cowboyridn; 11-06-2010 at 08:37 PM. Reason: add url

  7. #7
    Regular Member cowboyridn's Avatar
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    Moved the petition due to complaints about petition requesting donations

    Due to all the complaints about ipetition.com asking for a donation, I moved the petition to a friendlier petition site. I also emailed everyone who signed and asked them to resign the petition. Please resign the petition to Repeal Wisconsin Statute 941.23. You can resign the petition at

    http://www.petitiononline.com/13359477/petition.html

    Thanks and I apologies for the inconvenience

    Don Marso
    Last edited by cowboyridn; 11-07-2010 at 02:38 PM.

  8. #8
    Regular Member lance galloway's Avatar
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    Done.

    And thanks.
    Last edited by lance galloway; 11-07-2010 at 08:55 AM.

  9. #9
    Regular Member Beretta-m9's Avatar
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    signed # 52

  10. #10
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Beretta-m9 View Post
    signed # 52
    HA HA! /Nelson

    I beat you by 1! ...not like it really matters though.
    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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