Excellent find, this answers most of the questions I had. Thank you.
Thread: SB93 FAQ from the LRB
Excellent find, this answers most of the questions I had. Thank you.
Discussing Concealed Carry in Wisconsin at www.armedbadger.com
Thanks, printed out copies for friends and family.
Here's the memo about preemption she has on her page.
Maybe EauClaire & Madistan & Killwaukee should get copies of that...
ETA: Oh, I like the main memo, the one w/ the FAQ about cc in WI.
On pg. 2 they mention that we have to show permit & ID to an officer only if that officer is
"acting in an official capacity and with lawful authority".
But wait - see pg. 9, talking about whether certain old statutes were repealed.
This says no, exceptions were created for permit holders.
That's not what I understood. I thought everyone was going to be equal EXCEPT for the "school zone", state parks, & publicly-owned buildings.
Pg. 10, about vehicle carry, seems to say that it will NOT be considered concealed in a car.
Last edited by MKEgal; 06-24-2011 at 09:04 PM. Reason: spelling
That bit about GFSZ doesn't look so good, unless I read it incorrectly.....
In God I trust. Everyone else needs to keep your hands where I can see them.
I don't see where permit holders are exempt from the 1000' rule, either.
makes you wonder if there are more errors/oversights in this...
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks."
The information on page 9 that refers to the Gun Free School zone is incorrect. The bill reduces the penalty for knowingly open carry of a firearm in the 1000 foot boundary from a felony to a misdemeanor but the open carry of a firearm is still prohibited. Concealed carry is exempted from the prohibition if the person has a valid concealed carry permit. The permit satisfies the requirements of paragraph 948.605(2)(b)2 as listed below. Senator Galloway and the LRB must be informed of this misunderstanding by the LRB.
(2) Possession of firearm in school zone.
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.
(b) Paragraph (a) does not apply to the possession of a firearm:
1. On private property not part of school grounds;
2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;
That's what I thought you had said. I read it, too. The memo does explain most things pretty nice, though.
948.605 (2) (a) Any individual who knowingly possesses
a firearm at a place that the individual knows, or
has reasonable cause to believe, is in or on
the grounds of a school is guilty of a Class I felony. Any
individual who knowingly possesses a firearm at a place
that the individual knows, or has reasonable cause to
believe, is within 1,000 feet of the grounds of a school is
subject to a Class B forfeiture.Doesn't mentioned concealed.1r. Except if the person is in or on the grounds of a
school, a licensee, as defined in s. 175.60 (1) (d), or an
out−of−state licensee, as defined in s. 175.60 (1) (g).
Correct me if I'm wrong, but I think this is the way open carry goes.
Regarding school "zones":
If you open carry, you don't have to get a permit. But, you need that permit if you want to be in a school zone (defined at 1000ft of school property).
Basically open carry is the same as it was before. You have to have the permit to get into like bars/restaurants or state parks and other places that the SB93 now allows. I think only thing that might have changed for open carry with no permit, besides the school zone penalty, as the car possession provision?
There should be a FAQ on open carry without a permit
I agree the LRB needs to clarify the law better. You are correct that the state penalty has been reduced from a felony to a forfieture. You are also correct that the law and/or statute doesn't make any reference to manner of carry. However, the statute does say carry in the 1000 foot zone is exempted if the person has a license issued by the state or a political subdivison thereof. The license that will be issued by the state of Wisconsin under SB93 authorizes a specific manner of carry, concealed carry. By default the only manner of carry lawful in public areas of the 1000 foot zone is concealed carry because that is the only manner of carry the license issued under SB93 authorizes. Open carry is not entirely prohibited because a license to carry in the "zone" could still be obtained from the school board or political subdivision on an individual basis.
Technically I suppose the LRB statement is correct. The carry of firearms in the 1000 foot zone is still prohibited. Only the penalty for doing so has been reduced. However, the prohibition of carrying is subject to exemptions. One of them being a valid license from the state. The permit issued under SB93 satisfies the licensing provision but restricts the manner of carry to concealed carry.
Last edited by Captain Nemo; 06-23-2011 at 09:11 PM.
175.60 is the part that defines the permit and the process. Starts on page 7 of https://docs.legis.wisconsin.gov/201...olled/sb93.pdf
The only place I see the word 'concealed' is when the section describes the out of state license. 175.60(f)(f) “Out−of−state license” means a valid permit,
license, approval, or other authorization issued by
another state if all of the following apply:
1. The permit, license, approval, or other authorization
is for the carrying of a concealed weapon.
2. The state is listed in the rule promulgated by the
department under s. 165.25 (12) and, if that state does not
require a background search for the permit, license,
approval, or authorization, the permit, license, approval,
or authorization designates that the holder chose to submit
to a background search.
Thanks paul, your the man
The purpose of fighting is to win,
there is no victory in defense.
The sword is more important than the shield,
and skill is more important than either.
The final weapon is the brain,
all else is supplemental.
This has been answered so many times, & links to the bill (READ IT YOURSELF) have been posted so many times, I'm starting to get a bit curt with people.
[That link is the one Paul found for the ENTIRE bill as it will be published, integrating SB93 w/ SSA2. Isn't he awesome?]
I just posted this on FB, answering when various parts of the bill take effect:
Taking effect the day after publication:
66.0409 (6) Carry is not disorderly conduct; preemption
165.25 (12) DOJ makes a list of all the states w/ permits that require a background check
(DUH... do you know of any state that issues a permit w/o a background check?
So the list = every state except IL & VT. There. That's taken care of.)
175.49 (4) DOJ to design special cards for LEO
175.60 (2m) DOJ to design permit; contents of permit
175.60 (5) DOJ to design application & renewal forms; shall be completed NLT the 1st day of the 2nd month after the effective date of this paragraph
[which is the day after publication]
947.01 (2) carry by itself is not DC
section 100 (1) DOJ shall do what it says in 165.25 (12)
section 100 (2) until the 1st day of the 5th month after publication, DOJ has 45 days to process applications
Taking effect on 01JUL:
20.455 (2) (gs) fees for background checks for licenses go toward funding the program
section 100 (h) talks about funding / appropriations
Everything else takes effect on the 1st day of the 4th month after publication.
ETA: I put this into a blog post so it's easy to find later
Last edited by MKEgal; 06-24-2011 at 08:30 AM.
175.60 License to carry a concealed weapon.
Then it defines what a Licensee is in 175.60 (d):
(d) “Licensee” means an individual holding a valid
license to carry a concealed weapon issued under this section.
ETA: Ack, ok I just read further and saw this:
175.60 (2) ISSUANCE AND SCOPE OF LICENSE
175.60 (2) (c): Unless expressly provided in this section, this section
does not limit an individual’s right to carry a firearm
that is not concealed.
Last edited by xenophon; 06-23-2011 at 10:39 PM.
I'm a Texas resident but have step children and in-law in Wi. I'm confused about some of the bill will Wi recognize some permits from other states or will I need to apply for a Wi permit and does the bill allow for open (I know Wi is an oc state via it's constitution) and concealed carry or is it only for cc? Thanks in advance for your help
That being said, the new law says that the WI DOJ will create a list of states whose permits will recognize. The criteria to be on that list is that the state has to mandate background checks or that they can be optional but indicated that the permit holder opted in. Does TX permit require a background check? If so, WI will most likely recognize it.