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Thread: So permits are "Shall Issue" Correct?

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    So permits are "Shall Issue" Correct?

    Basicly stating that anyone who can purchase a handgun legaly, can carry one with permit? And for that matter, the sheriff would HAVE to issue a permit regardless of past convictions/charges so long as none are felonies correct? Looked thru SB93 and couldn't get a clear answer to any of the above questions there. Any help would be great as I'm sure I'm not the only one either posting/ghosting here who has the same question in mind. Thanks, and I'll also be posting info as I find it, now i'm back on the hunt!

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    Basically, but you'll be mailing form to dept. Of justice in madtown, not visiting the local constabulary.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Mr. GUNderson View Post
    Basicly stating that anyone who can purchase a handgun legaly, can carry one with permit? And for that matter, the sheriff would HAVE to issue a permit regardless of past convictions/charges so long as none are felonies correct? Looked thru SB93 and couldn't get a clear answer to any of the above questions there. Any help would be great as I'm sure I'm not the only one either posting/ghosting here who has the same question in mind. Thanks, and I'll also be posting info as I find it, now i'm back on the hunt!
    Yes, shall issue. Department of Justice in Madison, the local LEO's have nothing to do with it. As long as you provide proof of adequate training and pass the same background check you passed when you bought you firearm, they have 45 days after they receive the application to approve or deny.

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    Regular Member davegran's Avatar
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    From the NRA summary:
    Wisconsin residents who are 21 years-old or older and who are not prohibited firearms
    possessors under state or federal law, or prohibited from possessing firearms as a
    condition of court-ordered release, are eligible to obtain a concealed weapons license.
    Applications will be available from the Department of Justice (DOJ) by mail upon
    request or via the Internet.
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Yes, shall issue. Department of Justice in Madison, the local LEO's have nothing to do with it. As long as you provide proof of adequate training and pass the same background check you passed when you bought you firearm, they have 45 days after they receive the application to approve or deny.
    Where is 45 days coming from? I see 21 days...

    (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check.
    (b) Within 21 days after receiving a complete application under sub. (7), the department shall do one of the following:
    1. Issue the license and promptly send the licensee his or her license document by 1st class mail.
    2. Deny the application, but only if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.

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    Founder's Club Member Brass Magnet's Avatar
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    It's 45 days for the initial influx of applications and then (after 4 months, I think) changes to 21 days.
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    Quote Originally Posted by Brass Magnet View Post
    It's 45 days for the initial influx of applications and then (after 4 months, I think) changes to 21 days.
    and is that written somewhere?

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by mrjam2jab View Post
    and is that written somewhere?
    Page 19 at the bottom and the top of page 20:

    Notwithstanding section 175.60 (9) (b) of the statutes,
    as created by this act, beginning on the effective date
    of this subsection and ending on the first day of the 5th
    month beginning after the effective date of this subsection,
    the department of justice shall, as soon as practicable and without delay, but no longer than 45 days, after
    receiving a complete application under section 175.60
    (7) of the statutes, as created by this act, for a license to
    carry a concealed weapon, do one of the following:
    (a) Issue the license and promptly send the licensee
    his or her license document by 1st class mail.
    (b) Deny the application, but only if section 175.60
    (3) (a), (b), (c), (d), (e), (f), or (g) of the statutes, as created
    by this act, applies to the applicant. If the department
    denies the application, the department shall inform the
    applicant in writing, stating the reason and factual basis
    for the denial.
    https://docs.legis.wisconsin.gov/201...olled/sb93.pdf

    It would be nice if people could read.

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    Regular Member davegran's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Page 19 at the bottom and the top of page 20:

    https://docs.legis.wisconsin.gov/201...olled/sb93.pdf

    It would be nice if people could read.
    I usually open these things with Foxit Reader and use its search feature to find what I'm looking for.
    Last edited by davegran; 07-07-2011 at 09:33 PM.
    Dave
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    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by davegran View Post
    I usually open these things with Foxit Reader and use its search feature to find what I'm looking for.
    I opened it with Acrobat and searched for 45.

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by davegran View Post
    I usually open these things with Foxit Reader and use its search feature to find what I'm looking for.
    Dave, Just because it's called foxit READER doesn't mean it will help anyone read.....
    Seriously though, I've been exclusively using foxit for a long time now and it beats the pants off adobe.
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    I have a question. I bought all my pistols private party. Am I still eligible for a permit with one of them?

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by deadlifter View Post
    I have a question. I bought all my pistols private party. Am I still eligible for a permit with one of them?
    What?!
    The permit isn't pistol specific. It's person specific.
    Last edited by Brass Magnet; 07-07-2011 at 09:46 PM.
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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by deadlifter View Post
    I have a question. I bought all my pistols private party. Am I still eligible for a permit with one of them?
    Yes, technically, you can steal a firearm, as long as you don't get caught. The permit is not a particular firearm specific like NY.

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    Yeah, I figured it wasnt gun specific, but I never took a back ground check. The only one of my guns I bought from a store was a Savage .22 plinker.

    So I guess I will need to have a specific background check done eh? Or just buy a new handgun lol!

    edit: I meant get a specific background check not on a gun, but on me so I can get the permit. Or buy a new gun so I have the background check done already when I send in my hunters safety slip and $50
    Last edited by deadlifter; 07-07-2011 at 11:07 PM.

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    Hmmm

    Very good input guys, and thanks again btw. Just this part really confuses me tho. Anyone care to elaborate? It seems the word "Charged" is used quite a bit, now am I reading this correctly, or does this mean if one is even charged with a "Serious crime", one is ineligible for a permit. Or what do you guys think bout that? Maybe i'm looking too far into the wording?

    SECTION 10. 48.685 (2) (bb) of the statutes is amended to read:
    48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a
    charge of a serious crime
    , but does not completely and clearly indicate the final
    disposition of the charge, the department, county department, agency contracted
    with under s. 48.651 (2), child welfare agency, school board, or entity shall make
    every reasonable effort to contact the clerk of courts to determine the final disposition
    of the charge. If a background information form under sub. (6) (a) or (am) indicates
    a charge or a conviction of a serious crime, but information obtained under par. (am)
    or (b) 1. does not indicate such a charge or conviction, the department, county
    2011 − 2012 Legislature − 5 − LRB−2007/1
    SENATE BILL 93 SECTION 10
    department, agency contracted with under s. 48.651 (2), child welfare agency, school
    board, or entity shall make every reasonable effort to contact the clerk of courts to
    obtain a copy of the criminal complaint and the final disposition of the complaint.
    If information obtained under par. (am) or (b) 1., a background information form
    under sub. (6) (a) or (am), or any other information indicates a conviction of a
    violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013
    obtained not more than 5 years before the date on which that information was
    obtained, the department, county department, agency contracted with under s.
    48.651 (2), child welfare agency, school board, or entity shall make every reasonable
    effort to contact the clerk of courts to obtain a copy of the criminal complaint and
    judgment of conviction relating to that violation.
    SECTION 11. 50.065 (2) (bb) of the statutes is amended to read:
    50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
    of a serious crime
    , but does not completely and clearly indicate the final disposition
    of the charge, the department or entity shall make every reasonable effort to contact
    the clerk of courts to determine the final disposition of the charge. If a background
    information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
    disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
    a serious crime, but information obtained under par. (am) or (b) does not indicate
    such a charge or conviction, the department or entity shall make every reasonable
    effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
    final disposition of the complaint. If information obtained under par. (am) or (b), a
    background information form under sub. (6) (a) or (am), any disclosure made
    pursuant to a disclosure policy described under sub. (6) (am), or any other
    information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
    2011 − 2012 Legislature − 6 − LRB−2007/1
    SENATE BILL 93 SECTION 11
    941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date
    on which that information was obtained, the department or entity shall make every
    reasonable effort to contact the clerk of courts to obtain a copy of the criminal
    complaint and judgment of conviction relating to that violation.
    Last edited by Mr. GUNderson; 07-07-2011 at 10:35 PM. Reason: Spelling. Must be the keyboard :)

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    Quote Originally Posted by deadlifter View Post
    Yeah, I figured it wasnt gun specific, but I never took a back ground check. The only one of my guns I bought from a store was a Savage .22 plinker.

    So I guess I will need to have a specific background check done eh? Or just buy a new handgun lol!
    Wow... Really?
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    The handgun issue is irrelevant.

    You will get a background check when you apply for the license.

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    Quote Originally Posted by Mlutz View Post
    Wow... Really?
    Yes, really. Is that bizarre? I figured the less the gov't knows the better. I always like to by private party if possible.

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    Quote Originally Posted by deadlifter View Post
    Yeah, I figured it wasnt gun specific, but I never took a back ground check. The only one of my guns I bought from a store was a Savage .22 plinker.

    So I guess I will need to have a specific background check done eh? Or just buy a new handgun lol!
    The background check is on you, not your guns.
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    Quote Originally Posted by ksks View Post
    The handgun issue is irrelevant.

    You will get a background check when you apply for the license.
    You don't even need to own a gun to get a permit. It's a concealed weapons permit, not specifically a concealed handgun permit. One might get the permit in order to carry a knife or other covered weapon. Covered in more ways than one!
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    Quote Originally Posted by hardballer View Post
    The background check is on you, not your guns.
    And boy am I glad for that!
    My guns are always being naughty; constantly fighting for my attention, getting dirty, kicking me, eating all my ammunition and flinging hot brass at innocent bystanders. They sometimes even allow themselves to be handled by another man!

    If they had a background check, who knows what would be dug up. Decimation of innocent animals? I shudder even thinking about it.
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    Your edit cleared it up. Lol. I wasn't talking about private party sales. They do a background check on you when you apply. It doesn't matter if you buy a new firearm the day you send in your info.
    "I don't really care for "cream cheese"..."

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    Quote Originally Posted by Brass Magnet View Post
    Decimation of innocent animals? I shudder even thinking about it.
    Heh heh... Many a varmint has met his maker at the end of my or my sons Marlin .22 But in my defense, they were askin for it standin there all target like! also, they did not have permision to be on my property, and I warned em'!
    Last edited by Mr. GUNderson; 07-07-2011 at 11:42 PM.

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    Ok.. Is it written somewhere exactly when the applications for the permit will be available.... ?????

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