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COMPLAINT FOR DECLARATORY JUDGEMENT (would filing this hurt our efforts)

RR_Broccoli

Regular Member
Joined
Jul 14, 2010
Messages
170
Location
WI
Who said anything about waiting? We could very well get Constitutional Carry while the felon dems are hiding not doing their job.

Yes they could get us CC while the Dems are out.

They aren't.

They are doing some voting, but I haven't seen a peep about CC anywhere, or any gun issue for that matter. I am trying to be realistic in getting my hopes up only to the level that I think the probability warrants. They may be politicians that are sorta on "our side", but they're still politicians with all the flaws that go along with that.

They are too busy fighting over the one big issue in front of them. Whether those other things are worthwhile or not is a matter of opinion...and how long people wait before getting irritated at the Republicans too... also a matter of personality.

Me, I'll get impatient when I actually have a pocket pistol in my hands. Working through a long-gun purchase right now instead.... the pistol is next.
 
Last edited:
M

McX

Guest
Guys, dont flame upon me, but this matter should be run by the Chairman of WisCarry, he may be able to give help, insight, or opinions, that will ultimately aid in this matter, plus WisCarry may want envolvement, or at least to be apprised of your efforts. One United my brothers, and our flag is Wisconsin Carry!
 

LOERetired

New member
Joined
Mar 15, 2010
Messages
434
Location
, ,
I did some research and found that what we are attempting with filing a challenge to the states concealed carry statute as unconstitutional has already been done in Ohio where the concealed carry statute was found unconstitutional by the Ohio Supreme Court, and after this happened; their Legislators, immediately enacted a new permit statute.

Filing this document to challenge the statutes, even if we win, as they did in Ohio, the whole process would be for nothing and a waist of time as the Wisconsin Legislators could and would still enact some type of concealed carry statute to regulate concealed carry in Wisconsin as the Legislators did in Ohio.

Here is the link to an “ANATOMY OF A CONSTITUTIONAL CHALLENGE TO CARRYING CONCEALED FIREARMS LAWS” for Ohio.

http://www.chuckkleinauthor.com/feely.html


OHIO'S CHALLENGE TO THE CONSTITUTIONALITY OF ORC 2923.12, et. al.
(Carrying Concealed Weapons).

http://www.chuckkleinauthor.com/klein_case_documents.html#CONTACTS

I learned a lot from reading this, enough to know that it would be pointless to file a challenge to Wisconsin’s concealed carry statute.

I currently have a concealed carry permit issued under the Law Enforcement Officers Safety Act, so whatever the Legislators in Wisconsin enact for concealed carry won’t affect me, so, I feel for you guys, having to wait and see what the legislator are going to enact.

Here is their current concealed carry permit law:

A Summary of the Law:

The Sheriff's Office will coordinate all background checks and issuances of CCW permits for private citizens in their respective counties.
« Firearms will not be permitted in liquor establishments/liquor is being dispensed, school safety zones, courtroom, structure where courtroom is located, police station, sheriff's office, state highway patrol station, bureau of criminal identification and investigation, state correctional institute, jail, workhouse, other detention facility, airport passenger terminal, premises of any public or private college/university or institute of higher education, church/synagogue/mosque or other place of worship unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle.
« Any retired peace officer, person, federal law enforcement officer, corrections officer, active/reserve member of the armed forces who has retired within three years and had successfully completed a basic firearms training program is potentially eligible for a CCW permit.
« A CCW permit shall be issued by a Sheriff's Office within 45 days after all proper paperwork and training is completed.
« License is valid for 5 years with a 30-day grace period for renewal at the end of the 5-year license period. There is no renewal-training requirement to obtain an additional five-year CCW license.
« There is a $15.00 replacement fee for any lost CCW license permit.
« The training requirement must consist of a minimum of 12 hours of both classroom and range instruction to include the following:
1. Ability to name, explain and demonstrate the rules for safe handling of a handgun.
2. The ability to demonstrate and explain how to handle ammunition in a safe manner.
3. The ability to demonstrate the knowledge, skills and aptitude necessary to shoot a handgun in a safe manner.
4. Range Time, live fire training and gun handling training.
5. Pass a competency examination that shall include a written section on the ability to name and explain the rules for the safe handling of a handgun and proper storage practices for handguns and ammunition.
6. Pass a physical demonstration of competence in the use of a handgun and in the rules for safe handling and storage of a handgun and a physical demonstration of the aptitude necessary to shoot a handgun in a safe manner.

Persons Not Eligible to Obtain a License to Carry a Concealed Weapon

The sheriff cannot grant a license to carry a concealed firearm to any of the following persons.
1. A person under 21 years of age;
2. A person who is a fugitive from justice;
3. A person against whom proceedings are pending for any felony, any misdemeanor that is an offense of violence, or the offense of falsification of a concealed firearm license or possessing a revoked concealed firearm license (see "New offenses of falsification of a concealed firearm license and possessing a revoked concealed firearm license" below);
4. A person who has been convicted of a felony of violence or has been adjudicated a delinquent child for committing an act that would be felony of violence if committed by an adult, if the person has not been relieved from disability to have a weapon;
5. A person who has been convicted or pleaded guilty to an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for committing an act that would be an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse if committed by an adult;
6. A person who is drug dependent, in danger of drug dependence, or a chronic alcoholic;
7. A person who is under adjudication of mental competence.


 
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