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Thread: Will my MN permit (WI resident) be good enough in WI?

  1. #1
    Regular Member Big River Leather's Avatar
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    Will my MN permit (WI resident) be good enough in WI?

    ...or will I be giving up some rights that I might otherwise have if I got my WI permit?

    I wonder if possessing the MN permit would be enough documentation that I've been through the background check and training, should I have to /decide to get a WI permit.

    I'm so looking forward to the day when I can feel as safe in WI as I do in MN.
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  2. #2
    Regular Member Deadscott's Avatar
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    If your a Wisconsin resident you will need a Wisconsin permit to carry legally. Your MN permit will satisfy the Wisconsin training requirement but you will still need a new background check to receive your Wis. permit
    Last edited by Deadscott; 06-25-2011 at 10:07 AM.
    Discussing Concealed Carry in Wisconsin at www.armedbadger.com

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    Remember, those carrying under reciprocity commit a federal crime everytime they travel armed on a public sidewalk, road, or highway which passes within 1000 feet of a school's property line because of the Federal Gun Free School Zones Act of 1995.

    http://forum.opencarry.org/forums/sh...es-Act-of-1995


    Here is an ATF Letter Confirming This:

    www.handgunlaw.us/documents/batf_school_zone.pdf
    Last edited by Eagle2009; 06-25-2011 at 11:15 AM.

  4. #4
    Regular Member oak1971's Avatar
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    Under the law if you live here, you need a permit from WI.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  5. #5
    Regular Member Deadscott's Avatar
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    Quote Originally Posted by Eagle2009 View Post
    Remember, those carrying under reciprocity commit a federal crime everytime they travel armed on a public sidewalk, road, or highway which passes within 1000 feet of a school's property line


    The substitute amendment also permits a licensee or an out-of-state licensee to possess a firearm
    within 1,000 feet of the grounds of a school.
    Discussing Concealed Carry in Wisconsin at www.armedbadger.com

  6. #6
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    Quote Originally Posted by Eagle2009 View Post
    Remember, those carrying under reciprocity commit a federal crime everytime they travel armed on a public sidewalk, road, or highway which passes within 1000 feet of a school's property line because of the Federal Gun Free School Zones Act of 1995.

    http://forum.opencarry.org/forums/sh...es-Act-of-1995


    Here is an ATF Letter Confirming This:

    www.handgunlaw.us/documents/batf_school_zone.pdf
    In most states you would be correct. Our authors appear to have gotten it right.

    It'll be interesting...the BATF is under the impression that you must have a physical document from the state in question, but that's not what 18USC922 actually says.

    Of course, federal law trumps state law, so the only thing states can do is physically, rather than statutorily, license OOS licensees.

    (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
    out−of−state licensee is licensed by this state.

    Doesn't mean it won't get tested in court, but at least they tried.
    Last edited by Teej; 06-25-2011 at 02:01 PM.

  7. #7
    Regular Member Big River Leather's Avatar
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    I guess since my biggest concern has always been the GFSZ, I had better succumb and cough up the $50 for the permit to avoid any hassles born of ignorance, either on the part of LEO's, the court or myself.

    Somehow, because of this, I feel they have won
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  8. #8
    State Researcher lockman's Avatar
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    Quote Originally Posted by Teej View Post
    In most states you would be correct. Our authors appear to have gotten it right.

    It'll be interesting...the BATF is under the impression that you must have a physical document from the state in question, but that's not what 18USC922 actually says.

    Of course, federal law trumps state law, so the only thing states can do is physically, rather than statutorily, license OOS licensees.

    (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
    out−of−state licensee is licensed by this state.

    Doesn't mean it won't get tested in court, but at least they tried.
    Bingo! - and as long as the license holder (paper or not) has meet the critera in 18 USC for the background check all is good. Vermonters do not have this out for GFSZA even under constitutional carry.

  9. #9
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Teej
    BATF is under the impression that you must have a physical document from the state in question, but that's not what 18USC922 actually says.
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located... and the law of the State... requires that, before an individual obtains such a license, the law enforcement authorities of the State... verify that the individual is qualified under law to receive the license
    So by only honoring permits from states which require a background check (isn't that all of them that issue permits?), is WI OK under the part that says WI LEA must verify the person is qualified?
    That's the only sticking point I see.
    As someone pointed out in another thread, "license" means "permission" as much as, or more than, it means a document.

    federal law trumps state law
    That is an ongoing fight. Part of that whole "checks & balances" thing.
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  10. #10
    State Researcher lockman's Avatar
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    Talking

    Quote Originally Posted by MKEgal View Post
    So by only honoring permits from states which require a background check (isn't that all of them that issue permits?), is WI OK under the part that says WI LEA must verify the person is qualified?
    That's the only sticking point I see.
    As someone pointed out in another thread, "license" means "permission" as much as, or more than, it means a document.


    That is an ongoing fight. Part of that whole "checks & balances" thing.
    Does this mean the Feds will not allow the state to "go green", and force them to issue paper?

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