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Thread: Timeline for Act 35 (SB93) now that it has a published date

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    Regular Member paul@paul-fisher.com's Avatar
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    Timeline for Act 35 (SB93) now that it has a published date

    This was buried in another thread so I decided to put it here since there are so many questions:

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

    Here is the timeline:

    SECTION 101.0Effective dates. This act takes effect
    on the first day of the 4th month beginning after publication,
    except as follows:
    (1) The treatment of sections 66.0409 (6), 165.25
    (12), 175.49 (4), 175.60 (2m) and (5), and 947.01 (2) of
    the statutes and SECTION 100 (1) and (2) of this act take
    effect on the day after publication.
    (2c) The treatment of section 20.455 (2) (gs) of the
    statutes and SECTION 100h of this act take effect on July
    1, 2011.
    July 1, 2011:

    20.455 (2) (gs) Background check for licenses to
    carry concealed weapons. The amounts in the schedule
    to provide services under s. 175.60. All moneys received
    as fee payments under s. 175.60 (7) (c) and (d), (13), and
    (15) (b) 4. a. and b. shall be credited to this appropriation.
    SECTION 100h.0Fiscal changes.
    (1m) In the schedule under section 20.005 (3) of the
    statutes for the appropriation to the department of justice
    under section 20.455 (2) (gs) of the statutes, as affected
    by the acts of 2011, the dollar amount is increased by
    $62,300 for the first fiscal year of the fiscal biennium in
    which this subsection takes effect to increase the authorized
    FTE positions by 1.0 PR position. In the schedule
    under section 20.005 (3) of the statutes for the appropriation
    to the department of justice under section 20.455 (2)
    (gs) of the statutes, as affected by the acts of 2011, the dollar
    amount is increased by $62,300 for the second fiscal
    year of the fiscal biennium in which this subsection takes
    effect to increase the authorized FTE positions by 1.0 PR
    position.
    (2m) In the schedule under section 20.005 (3) of the
    statutes for the appropriation to the department of justice
    under section 20.455 (2) (gs) of the statutes, as affected
    by the acts of 2011, the dollar amount is increased by
    $174,400 for the first fiscal year of the fiscal biennium in
    which this subsection takes effect to fund 10.0 LTE positions
    for 6 months.
    (3m) In the schedule under section 20.005 (3) of the
    statutes for the appropriation to the department of justice
    under section 20.455 (2) (gs) of the statutes, as affected
    by the acts of 2011, the dollar amount is increased by
    $77,100 for the first fiscal year of the fiscal biennium in
    which this subsection takes effect for the purpose of providing
    supplies and services.
    Day after publication (7/25/11)

    66.0409 (6) Unless other facts and circumstances that
    indicate a criminal or malicious intent on the part of the
    person apply, no person may be in violation of, or be
    charged with a violation of, an ordinance of a political
    subdivision relating to disorderly conduct or other inappropriate
    behavior for loading, carrying, or going armed
    with a firearm, without regard to whether the firearm is
    loaded or is concealed or openly carried. Any ordinance
    in violation of this subsection does not apply and may not
    be enforced.
    165.25 (12) RULES REGARDING CONCEALED WEAPONS
    LICENSES. Promulgate by rule a list of states that issue a
    permit, license, approval, or other authorization to carry
    a concealed weapon if the permit, license, approval, or
    other authorization requires, or designates that the holder
    chose to submit to, a background search that is comparable
    to a background check as defined in s. 175.60 (1) (ac).
    175.49(4) CERTIFICATION CARDS. (a) 1. Subject to pars. (b),
    (c), and (d) and sub. (3) (a), the department shall design
    a certification card to be issued by the department under
    sub. (3) (a).
    2. Subject to pars. (b), (c), and (d) and sub. (2) (a),
    each law enforcement agency, upon a request, shall
    design a certification card to be issued by the law enforcement
    agency under sub. (2) (a).
    (b) A certification card shall contain on one side all
    of the following:
    1. The full name, date of birth, and residence address
    of the person who holds the certification card.
    2. A photograph of the certification card holder and
    a physical description that includes sex, height, and eye
    color.
    3. The name of this state.
    (c) A certification card shall include a statement that
    the certification card does not confer any law enforcement
    authority on the certification card holder and does
    not make the certification card holder an employee or
    agent of the certifying agency or department.
    (d) A certification card may not contain the certification
    card holder’s social security number.
    175.60(2m) LICENSE DOCUMENT; CONTENT OF LICENSE. (a)
    Subject to pars. (b), (bm), (c), and (d), the department
    shall design a single license document for licenses issued
    and renewed under this section. The department shall
    complete the design of the license document no later than
    the first day of the 2nd month beginning after the effective
    date of this paragraph .... [LRB inserts date].
    (b) A license document for a license issued under this
    section shall contain all of the following on one side:
    1. The full name, date of birth, and residence address
    of the licensee.
    2. A physical description of the licensee, including
    sex, height, and eye color.
    3. The date on which the license was issued.
    4. The date on which the license expires.
    5. The name of this state.
    6. A unique identification number for each licensee.
    (bm) The reverse side of a license document issued
    under this section shall contain the requirement under
    sub. (11) (b) that the licensee shall inform the department
    of any address change no later than 30 days after his or
    her address changes and the penalty for a violation of the
    requirement.
    (c) The license document may not contain the licensee’s
    social security number.
    (d) 1. The contents of the license document shall be
    included in the document in substantially the same way
    that the contents of an operator’s license document issued
    under s. 343.17 are included in that document.
    2. The license document issued under this section
    shall be tamper proof in substantially the same way that
    the operator’s license is tamper proof under s. 343.17 (2).
    (e) The department of justice may contract with the
    department of transportation to produce and issue license
    documents under this section. Neither the department of
    transportation nor any employee of the department of
    transportation may store, maintain, or access the information
    provided by the department of justice for the production
    or issuance of license documents other than to the
    extent necessary to produce or issue the license documents.
    175.60(5) APPLICATION AND RENEWAL FORMS. (a) The
    department shall design an application form for use by
    individuals who apply for a license under this section and
    a renewal form for use by individuals applying for
    renewal of a license under sub. (15). The department
    shall complete the design of the application form no later
    than the first day of the 2nd month beginning after the
    effective date of this paragraph .... [LRB inserts date],
    and shall complete the design of the renewal form no later
    than the first day of the 36th month beginning after the
    effective date of this paragraph .... [LRB inserts date].
    The forms shall require the applicant to provide only his
    or her name, address, date of birth, state identification
    card number, race, sex, height, and eye color and shall
    include all of the following:
    1. A statement that the applicant is ineligible for a
    license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies
    to the applicant.
    2. A statement explaining self−defense and defense
    of others under s. 939.48, with a place for the applicant
    to sign his or her name to indicate that he or she has read
    and understands the statement.
    3. A statement, with a place for the applicant to sign
    his or her name, to indicate that the applicant has read and
    understands the requirements of this section.
    4. A statement that an applicant may be prosecuted
    if he or she intentionally gives a false answer to any question
    on the application or intentionally submits a falsified
    document with the application.
    5. A statement of the penalties for intentionally giving
    a false answer to any question on the application or
    intentionally submitting a falsified document with the
    application.
    6. A statement of the places under sub. (16) where a
    licensee is prohibited from carrying a weapon, as well as
    an explanation of the provisions under sub. (15m) and ss.
    943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit
    the places where the licensee may carry a weapon, with
    a place for the applicant to sign his or her name to indicate
    that he or she has read and understands the statement.
    (b) The department shall make the forms described
    in this subsection available on the Internet and, upon
    request, by mail.
    947.01 (2) Unless other facts and circumstances that
    indicate a criminal or malicious intent on the part of the
    person apply, a person is not in violation of, and may not
    be charged with a violation of, this section for loading,
    carrying, or going armed with a firearm, without regard
    to whether the firearm is loaded or is concealed or openly
    carried.
    SECTION 100.0Nonstatutory provisions.
    (1) Using the procedure under section 227.24 of the
    statutes, the department of justice shall promulgate rules
    required under section 165.25 (12) of the statutes, as
    created by this act, for the period before the effective date
    of the permanent rules promulgated under those sections,
    but not to exceed the period authorized under section
    227.24 (1) (c) and (2) of the statutes. Notwithstanding
    section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
    department is not required to provide evidence that promulgating
    a rule under this subsection as an emergency
    rule is necessary for the preservation of public peace,
    health, safety, or welfare and is not required to provide a
    finding of an emergency for a rule promulgated under
    this subsection.
    (2) 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.
    The rest of it takes effect 11/1/11.

  2. #2
    Regular Member Outdoorsman1's Avatar
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    department shall design an application form for use by
    individuals who apply for a license under this section and
    a renewal form for use by individuals applying for
    renewal of a license under sub. (15). The department
    shall complete the design of the application form no later
    than the first day of the 2nd month beginning after the
    effective date of this paragraph .... [LRB inserts date],
    So if the 4 month wait = Nov. - Dec., then the applications should be available Sept. - Oct. ??????

    (b) The department shall make the forms described
    in this subsection available on the Internet and, upon
    request, by mail.
    So what.... Applications will not be available at local firearms dealers, sporting good stores, etc... ???

    Edited to add....

    Day after publication (7/25/11)

    66.0409 (6) Unless other facts and circumstances that
    indicate a criminal or malicious intent on the part of the
    person apply, no person may be in violation of, or be
    charged with a violation of, an ordinance of a political
    subdivision relating to disorderly conduct or other inappropriate
    behavior for loading, carrying, or going armed
    with a firearm, without regard to whether the firearm is
    loaded or is concealed or openly carried.
    Any ordinance
    in violation of this subsection does not apply and may not
    be enforced.

    ???????? does this read that the day after publiccation we can carry as stated...???

    "without regard to whether the firearm is loaded or is concealed or openly carried

    Outdoorsman1
    Last edited by Outdoorsman1; 07-14-2011 at 10:36 AM.
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Outdoorsman1 View Post
    So if the 4 month wait = Nov. - Dec., then the applications should be available Sept. - Oct. ??????



    So what.... Applications will not be available at local firearms dealers, sporting good stores, etc... ???

    Outdoorsman1
    Forms ready 9/1.

    Print forms from internet or ask for them by mail.

  4. #4
    McX
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    this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?

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    Regular Member Outdoorsman1's Avatar
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    Quote Originally Posted by McX View Post
    this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?
    They say that memory is the first thing to go... when I hear that I reply... "Yea, Thank God"....

    Outdooorsman1
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

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    Regular Member Outdoorsman1's Avatar
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    Hey Paul...

    What about this... I know a permit is required to carry concealed, but this seems to contradict that..????

    Day after publication (7/25/11)

    66.0409 (6) Unless other facts and circumstances that
    indicate a criminal or malicious intent on the part of the
    person apply, no person may be in violation of, or be
    charged with a violation of, an ordinance of a political
    subdivision relating to disorderly conduct or other inappropriate
    behavior for loading, carrying, or going armed
    with a firearm, without regard to whether the firearm is
    loaded or is concealed or openly carried.
    Any ordinance
    in violation of this subsection does not apply and may not
    be enforced.
    Thanks for your input...

    Outdoorsman1
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

    George Cecil (1891–1970) American advertising copywriter

    Outdoorsman1
    Member: Wisconsin Carry Inc.
    Member: Silver Lake Sportsmans Club
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  7. #7
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by Outdoorsman1 View Post
    Hey Paul...

    What about this... I know a permit is required to carry concealed, but this seems to contradict that..????



    Thanks for your input...

    Outdoorsman1
    Just means you can't get a disorderly conduct ticket for carrying concealed, you'll get a carrying concealed arrest instead.

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    Regular Member Outdoorsman1's Avatar
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    Ahhhhh. I got it now....

    Fastest responce ever....

    As always, "You Are The Man"....

    Outdoorsman1
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

    George Cecil (1891–1970) American advertising copywriter

    Outdoorsman1
    Member: Wisconsin Carry Inc.
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  9. #9
    McX
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Just means you can't get a disorderly conduct ticket for carrying concealed, you'll get a carrying concealed arrest instead.
    Paul, even with a permit?

  10. #10
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by McX View Post
    Paul, even with a permit?
    We were talking the period between 7/25 and 11/1, so assuming no permit.
    Last edited by paul@paul-fisher.com; 07-14-2011 at 11:09 AM.

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    Quote Originally Posted by McX View Post
    this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?

    I suppose you are expecting a 100 yr old present? like a 1911?

  12. #12
    McX
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    Quote Originally Posted by paul@paul-fisher.com View Post
    We were talking the period between 7/25 and 11/1, so assuming no permit.
    well i'm still in my happy place about the news, even if it is Nov. 1

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    McX
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    Quote Originally Posted by phred View Post
    I suppose you are expecting a 100 yr old present? like a 1911?
    Actually i was expecting as a present YOUR 1911.

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    Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

    Of course, who is going to enforce this?

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    Regular Member davegran's Avatar
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    Angry They aren't doing us any favors, are they?

    Quote Originally Posted by paul@paul-fisher.com View Post
    Timeline for Act 35 (SB93) now that it has a published date
    Hm-m-m, the Legislature web site history of SB93 says,"7/12/2011 S.Published 7-22-2011" Which happens to be the last, possible date of publication according to what I unpacked from the bill:
    According to the language:

    1. The Governor signs it on July 8th, 2011.
    2. Ten working days from the 8th = July 22nd, 2011 = last possible date of publication.
    3. One day after the date of publication = July 25th, 2011.
    4. The first day of the 2nd month beginning after the effective date of this paragraph = September 1, 2011.

    Therefore, since
    (5) APPLICATION AND RENEWAL FORMS. (a) The
    department shall design an application form for use by
    individuals who apply for a license under this section and
    a renewal form for use by individuals applying for
    renewal of a license under sub. (15). The department
    shall complete the design of the application form no later
    than the first day of the 2nd month beginning after the
    effective date of this paragraph
    According to law, the design of the application form will be completed by 9-1-11 at the latest
    They aren't doing us any favors, are they?
    Last edited by davegran; 07-14-2011 at 11:43 AM.
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    McX
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    Quote Originally Posted by rcav8r View Post
    Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

    Of course, who is going to enforce this?
    Wisconsin Carry by virtue of freedom of info, letters, calls, and lawsuits. i dont know which time will be more difficult for us- as it was/is, what it is soon to be.

    wish that Culver's thing NEVER happened (i keep having to remember that day, going to write my paper this weekend, it's not funny- each of us have seen each other rarely since the day- the first thing we asked each other, upon seeing the other: Was that real? that poop realy happen? you were there- you realy see that?) otherwise is aint spoke of much.
    . it is a minor comfort that in theory the radical cop will get the bill. hope they get all the details of all of it- they usually dont listen nor take handout documents. it will be interesting times to come. keep your membership current.

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    Regular Member Outdoorsman1's Avatar
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    rcav8r
    Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

    Of course, who is going to enforce this?
    There is a big difference between "Can't" and "Won't"... Just because the new bill says LEO can't does not mean LEO won't... I am sure there will hassles up to the point of LEO being charged under the new law, but then there's the they said / I said factor... I think it is time to update my voice / video recorder to a more compact, reliable, model...

    Wisconsin Carry by virtue of freedom of info, letters, calls, and lawsuits. i dont know which time will be more difficult for us- as it was/is, what it is soon to be.

    wish that Culver's thing NEVER happened (i keep having to remember that day, going to write my paper this weekend, it's not funny- each of us have seen each other rarely since the day- the first thing we asked each other, upon seeing the other: Was that real? that poop realy happen? you were there- you realy see that?) otherwise is aint spoke of much.
    . it is a minor comfort that in theory the radical cop will get the bill. hope they get all the details of all of it- they usually dont listen nor take handout documents. it will be interesting times to come. keep your membership current.
    Agreed....

    Outdoorsman1
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    DOJ needs to have applications designed by setpember, but they still wont accept them until after Nov 1st according to their website
    Last edited by apierce918; 07-14-2011 at 01:14 PM.

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    Something is Amiss

    It looks like the Dept. of Justice simply ignored section 100 which provided for earlier dates.

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    I just got your (Paul) mail with the new Act 35, and have yet to do a full read.

    So with this in mind, the little I did read looks like the park ban is over as of right now. Am I correct on this?? Can I (for the first time in three years) go to a park?
    The park bans have been real bad for me, and my dog... I would love to be able to "feel safe" at the dog parks again...

  21. #21
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by AaronS View Post
    I just got your (Paul) mail with the new Act 35, and have yet to do a full read.

    So with this in mind, the little I did read looks like the park ban is over as of right now. Am I correct on this?? Can I (for the first time in three years) go to a park?
    The park bans have been real bad for me, and my dog... I would love to be able to "feel safe" at the dog parks again...
    Well, nothing important happens until 7/25. Looking quickly at the 1st post in the thread, I don't see anything about park carry. State park carry requires a permit so I assume it won't change 'till 11/1 and then you'd have to have a permit.

  22. #22
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    Quote Originally Posted by rcav8r
    I see it to mean that you can't be harrassed for legally open carrying starting 7/25.
    Of course, who's going to enforce this?
    Since the bill says "effective the day after publication",
    and it's being published the 22nd,
    doesn't that mean the "OC is not DC" (& other parts) take effect Sat. the 23rd??

    As for who's going to enforce it, well, it's a crime. A misdemeanor. So wouldn't the DA file charges?
    (Or, at least, shouldn't it be the DA who files charges??)

    Quote Originally Posted by apierce918
    DOJ needs to have applications designed by setpember, but they still wont accept them until after Nov 1st according to their website
    I just looked at their website (http://www.doj.state.wi.us/) & they have a new graphic/link for the cc law.
    This is the page it goes to: http://www.doj.state.wi.us/dles/cib/...ealedCarry.asp

    A Frequently Asked Questions (FAQ) section will be added here by August 1...
    Applications for concealed carry licenses will be accepted beginning November 1, 2011 – the day the law becomes effective. No applications will be available before that date.
    So they're just going to sit on them for 2 months?!?!? That decision needs to be changed.
    OOS licensees would be able to carry concealed before WI residents can.
    Isn't there something about "equal protection under the laws" in the Constitution?

    Since the law says that until 01DEC they have 45 days to process applications, it makes no sense that they'd give themselves less time right up front, when they can logically expect the most applications, rather than spreading the load from SEP on.

    And how can people exercise their privileges under the new law if the State won't issue the required permits?

    It looks like the Dept. of Justice simply ignored section 100 which provided for earlier dates.
    Technically, 175.60 (5) requires that the forms & permits be designed by 01SEP.
    Says nothing about when they must make the applications available.
    That's what needs to be changed. Now.
    Sen.Galloway@legis.wisconsin.gov
    govgeneral@wisconsin.gov
    Last edited by MKEgal; 07-14-2011 at 04:10 PM.
    Quote Originally Posted by MLK, Jr
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    Quote Originally Posted by Proverbs 27:12
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  23. #23
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by MKEgal View Post
    Since the bill says "effective the day after publication",
    and it's being published the 22nd,
    doesn't that mean the "OC is not DC" (& other parts) take effect Sat. the 23rd??
    I believe it is the next business day, which should be Monday the 25th. Or is this one it could be any day except Sunday? I don't remember where to look.

  24. #24
    Regular Member davegran's Avatar
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    Quote Originally Posted by MKEgal View Post
    ....

    And how can people exercise their privileges under the new law if the State won't issue the required permits?
    It sounds like there is no justice from the Department of Justice....
    Dave
    45ACP-For when you care enough to send the very best-
    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.

  25. #25
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by MKEgal
    Since the bill says "effective the day after publication",
    and it's being published the 22nd,
    doesn't that mean the "OC is not DC" (& other parts) take effect Sat. the 23rd??
    Quote Originally Posted by paul
    I believe it is the next business day, which should be Monday the 25th.
    Or is this one it could be any day except Sunday? I don't remember where to look.
    I was reading what it said, plain English meaning.
    I thought if they meant "next business day" that's what it would have said.
    Silly of me, I know. Why expect lawyers & legislators to do something the simple way?
    Didn't even know that was an option, & don't know where to look to find out, other than maybe calling my elected reps, but aren't they on summer break?

    I don't think it makes much of a difference anyway, since by now all LEA & LEO in the state know about both the AG memo and the new law, so even if someone was arrested today (for simply carrying) it wouldn't stick. Only difference is that the LEO can't be penalized until the 23rd or 25th.

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