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Thread: Found this online - Opinions?

  1. #1
    Regular Member vermonter's Avatar
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    Found this online - Opinions?

    I found this article online. It states that effective immediately upon publication there is an immunity from a disorderly conduct charge and a licensee may not be charged etc, etc (read below). It also says WI will accept any license if there is training and a background check. Can I assume that as soon as this is published I can carry on my out of state license if it meets the training and check requirements and not have to worry about charges if caught? Opinions? (I did not post ad, Must have been imported with pasting article)

    SOURCE: http://www.natlawreview.com/article/...led-carry-bill

    Article:

    Legislative Update - Wisconsin Assembly Passes “Concealed Carry” Bill
    Article By:
    Randall D. Crocker
    von Briesen & Roper, S.C.
    posted on: Thursday, June 23, 2011

    On Tuesday, June 21, 2011, the Wisconsin State Assembly passed SB93, known as the “Concealed Carry” bill, and submitted the bill to Wisconsin’s Governor for his signature. If signed by the Governor, the bill allows licensed individuals to go armed with a concealed weapon. Individuals who (1) are 21 or older, (2) have cleared a background check, (3) are not otherwise prohibited from carrying a gun, and (4) complete a training program, are eligible to receive a license, which is valid for five years. In addition, individuals from other states may carry concealed weapons in Wisconsin as long as they have gone through training and a background check in their home state. All concealed carriers must have their license and photo identification with them while they are carrying a concealed weapon.

    Taking effect immediately upon publication is certain immunity from a disorderly conduct charge. A licensee may not be charged with disorderly conduct for loading, carrying, or going armed with a firearm, so long as there is an absence of criminal or malicious intent.

    Certain locations are restricted. The bill prohibits a licensee from carrying a concealed weapon in a police station, a jail, a secured mental health institution as defined by state law, a courthouse, and a place beyond the security checkpoint in an airport. However, the bill permits the presence of weapons in vehicles driven or parked at the above locations.

    Concealed carry is permitted in certain other public buildings and in city and state parks, although governmental entities may opt to prohibit weapons from public buildings. If they choose to do so, they must post a sign alerting individuals to the prohibition.

    The bill contains provisions for employers. Although an employer may prohibit an employee from carrying a concealed weapon during the course of the employee’s employment, the employer may not prohibit an employee from carrying a concealed weapon as a condition of employment. An employer that permits employees to carry a concealed weapon is immune from liability that might arise from that decision. In contrast, an employer that prohibits employees from carrying concealed weapons does not enjoy such immunity.

    As with employers, private individuals who allow concealed carry on their property are immune from liability arising from that decision. Those wishing to prohibit concealed carry on their property, however, must post signs with such notification.

    A spokesperson for the Governor has indicated that the Governor will release a timeframe within which he will sign the bill. Once the Governor signs the bill, the Secretary of State has 10 days to publish it. The bill will then take effect on the first day of the fourth month after the Secretary of State publishes it, meaning that the bill could become law on October 1, 2011 or on November 1, 2011, depending on the publication date.
    Last edited by vermonter; 07-12-2011 at 01:37 AM.

  2. #2
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    Based on your sn I'm going to "assume" you are not a Wisconsin resident... Your permit may or may not be recognized by Wisconsin. Let's say it "is" on November 1, you can cc.

    If you are a Wisconsin resident, you need a Wisconsin permit. Also, it may be "effective immediately", however, the permits are not even designed yet. November 1 2011 is when the cc with a permit becomes legal. Even if you receive your permit early, you have to wait until Nov 1 2011. Hope this helps.
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    Regular Member vermonter's Avatar
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    Mlutz, I am a non WI res with a non-res license that should be accepted based on the training requirement. The question is is the article i copied accurate that effective upon publishing it is not longer a chargeable crime to carry if you have a license (which I do)?

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    I would think a license would be a non issue until the effective date. But... Open carry should enjoy the same benefits. Without a permit. Even though we have all witnessed several dc charges get dropped in the past... If leo wants to charge you, he/she will.
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    Regular Member MKEgal's Avatar
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    There are several threads already discussing the finer points of the new law.

    Quote Originally Posted by vermonter
    effective immediately upon publication there is an immunity from a disorderly conduct charge and a licensee may not be charged
    Half right. The day after publication the law goes into effect which says that possessing or carrying a firearm, in & of itself, is not DC & cannot be used as the grounds for a DC charge.

    This applies to open & concealed carry, by anyone (though only people w/ gov't permits will be allowed to conceal legally).
    See 947.01 (2), which is on the bottom right of pg. 18 of the PDF (top line in my sig).

    It also says WI will accept any license if there is training and a background check
    Again, half right. Remove the part about training.

    The law directs the DOJ to make a list of states which require a background check to get a carry permit (or, in a ridiculous insertion, if the bg check is optional, the license shows that the person chose to have one... do you know any states where it's optional??), & those are the ones WI will recognize.

    See 165.25 (12) on the middle right of pg. 3
    and 175.60 (1)(f) which is on the bottom left of pg. 7.

    I remember reading this the first time & being annoyed because people with, say, a PA or IN permit (which require no training) will be allowed to carry in WI, but I as a WI resident am required to prove 'training'...
    Though I could use my PA permit to do it.
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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by MKEgal View Post
    Half right. The day after publication the law goes into effect which says that possessing or carrying a firearm, in & of itself, is not DC & cannot be used as the grounds for a DC charge.
    But what about the "totality of the circumstances?" We've had an AG opinion on carrying a firearm is not enough for DC, then again, WCI has done a great job for us, but we shouldn't need to defend ourselves from unlawful tickets.

    While the law is far from perfect, it does have a few nice things in it.
    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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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by protias
    But what about the "totality of the circumstances?"
    You really do like getting Steve riled up, don't you?

    We've had an AG opinion on carrying a firearm is not enough for DC
    But that was only an opinion (from the top cop/lawyer in the state...).
    This is now a law, & the law has teeth, though it may take a few lawsuits to get them to pay attention.

    But even under the new law, yes, if a cop can explain what ELSE an armed citizen was doing that was DC, the person can still get a ticket. So waving it about, shouting at people, (or, gee, putting it on the table in a crowded coffee shop) are things to be avoided.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by MKEgal View Post
    You really do like getting Steve riled up, don't you?
    I do

    Quote Originally Posted by MKEgal View Post
    But that was only an opinion (from the top cop/lawyer in the state...).
    This is now a law, & the law has teeth, though it may take a few lawsuits to get them to pay attention.

    But even under the new law, yes, if a cop can explain what ELSE an armed citizen was doing that was DC, the person can still get a ticket. So waving it about, shouting at people, (or, gee, putting it on the table in a crowded coffee shop) are things to be avoided.
    Not that a cop would ever lie about that... (ref: skidmark)
    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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    Regular Member davegran's Avatar
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    Quote Originally Posted by vermonter View Post
    Mlutz, I am a non WI res with a non-res license that should be accepted based on the training requirement. The question is is the article i copied accurate that effective upon publishing it is not longer a chargeable crime to carry if you have a license (which I do)?
    Hi Vermonter,
    The bill contains a delay in it that allows the affected agencies in Wisconsin to get their ducks in a row before the new regs go into effect. We figure Nov. 1st as the first day of the new law.
    Last edited by davegran; 07-12-2011 at 03:05 PM. Reason: incorporated "corrections" from readers
    Dave
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    Not Quite

    Quote Originally Posted by davegran View Post
    Hi Vermonter,
    The bill contains a 4 month delay in it that allows the effected agencies in Wisconsin to get their ducks in a row before the new regs go into effect. We figure Nov. 1st as the first day of the new law.
    There is no "4 month delay" per se. Some provisions take effect on the 1st day of the 4th month.... However other provisions take effect on the day after publication which is TBD (as far as I know) but (legally) should not be later that 7/22.

    The agencies to which you refer are affected. However, you could say that they are the effecting agencies.

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    The "delay," which is really not much over 3 months, is to allow time for the forms and licenses to be designed, and process the initial rush before the new carry provisions actually become "legal".

    1st day of the 4th month translates to "3 complete calendar months" (aug, sept, oct) must pass between publishing and taking effect. So it's 3 months plus however many days before the end of July the law is published.

    Wouldn't have been very nice if out-of-staters could enjoy the new privileges 3 months before those of us who pay taxes here. Heheheheh.

  12. #12
    Regular Member Big Dipper's Avatar
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    Quote Originally Posted by Teej View Post
    Wouldn't have been very nice if out-of-staters could enjoy the new privileges 3 months before those of us who pay taxes here. Heheheheh.
    Believe it or not, some of us "out-of-staters" DO pay taxes in WI! And we don't get any say in how those tax dollars are squandered by the people that you residents continue to elect.

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