Captain Nemo
Regular Member
The LRB strikes again.
Current statute 941.235 reads as follows:
941.235 Carrying firearm in public building.
941.235(1)
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
941.235(2)
(2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this subsection, peace officer does not include a commission warden who is not a state-certified commission warden.
-------------------------------------------------------------------------------------------------
Essentially what is says is that only certain law enforcement and military personnel are allowed to carry any firearm in any public building owned or leased by any unit of government.
--------------------------------------------------------------------------------------------------------------------
Act 35 modified statute 941.235 to also exempt licensees from the prohibition of carrying firearms in public buildings. See section 60 below. 941.235 (2)(e)
--------------------------------------------------------------------------------------------------------------------
SECTION 58. 941.235 (2) (c) of the statutes is created
to read:
941.235 (2) (c) A qualified out−of−state law enforcement
officer, as defined in s. 941.23 (1) (g), to whom s.
941.23 (2) (b) 1. to 3. applies.
SECTION 59. 941.235 (2) (d) of the statutes is created
to read:
941.235 (2) (d) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 60. 941.235 (2) (e) of the statutes is created
to read:
941.235 (2) (e) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g).
---------------------------------------------------------------------------------------------
However, concealed carry permit holders were not given carte blanche exemption to carry in all public buildings. Specific public buildings are still off limits as contained in (16) (a) Prohibited Activity section as quoted below.
-------------------------------------------------------------------------------------------------------------------
(16) PROHIBITED ACTIVITY. (a) Except as provided in
par. (b), neither a licensee nor an out−of−state licensee
may knowingly carry a concealed weapon, a weapon that
is not concealed, or a firearm that is not a weapon in any
of the following places:
1. Any portion of a building that is a police station,
sheriff’s office, state patrol station, or the office of a division
of criminal investigation special agent of the department.
2. Any portion of a building that is a prison, jail,
house of correction, or secured correctional facility.
3. The facility established under s. 46.055.
4. The center established under s. 46.056.
5. Any secured unit or secured portion of a mental
health institute under s. 51.05, including a facility designated
as the Maximum Security Facility at Mendota
Mental Health Institute.
6. Any portion of a building that is a county, state, or
federal courthouse.
7. Any portion of a building that is a municipal courtroom
if court is in session.
8. A place beyond a security checkpoint in an airport.
(b) The prohibitions under par. (a) do not apply to any
of the following:
1. A weapon in a vehicle driven or parked in a parking
facility located in a building that is used as, or any portion
of which is used as, a location under par. (a).
2. A weapon in a courthouse or courtroom if a judge
who is a licensee is carrying the weapon or if another
licensee or out−of−state licensee, whom a judge has permitted
in writing to carry a weapon, is carrying the
weapon.
3. A weapon in a courthouse or courtroom if a district
attorney, or an assistant district attorney, who is a licensee
is carrying the weapon.
--------------------------------------------------------------------------------------------
But now in it’s interest to maintain a police state the LRB rides again. It created statute 943.13(1m) ( c) 4 as shown below.
---------------------------------------------------------------------------------------------
SECTION 80. 943.13 (1m) (c) of the statutes is created
to read:
943.13 (1m) (c) 4. Enters or remains in any part of a building that is
owned, occupied, or controlled by the state or any local
governmental unit, excluding any building or portion of
a building under s. 175.60 (16) (a), if the state or local
governmental unit has notified the actor not to enter or
remain in the building while carrying a firearm or with
that type of firearm. This subdivision does not apply to
a person who leases residential or business premises in
the building or, if the firearm is in a vehicle driven or
parked in the parking facility, to any part of the building
used as a parking facility.
-------------------------------------------------------------------------------------
Section 943.13(1)( c) 4. In effect eviscerates carry of concealed weapons by licensees in public buildings as allowed by changes made to ss941.235. Many public places such as we saw in the DNR FAQ are taking the position that the posting of signs is adequate ‘notification”. My personal thoughts are that the paragraph is being misinterpreted. I think the intent is that if an individual is personally notified not to enter a particular public area with a firearm the actor should comply. I don’t think the paragraph was intended to imply that a sign as a notification to the general public is acceptable.
--------------------------------------------------------
‘The Senate is a place filled with goodwill and good intentions, and if the road to hell is paved with them, then it's a pretty good detour".
Hubert H. Humphrey
--------------------------------------------------------
I’m not sure if the sponsors of Act 35 are aware of the switch-a-roo or the misinterpretation, if that be what it is.. If not they certainly should be made aware of it loud and clear.
I also think the preemption statute comes into play on this issue. If the State restricts carry of firearms in only those public places described in (16)(a) Then a political subdivision adding additional public areas of prohibition is definitely making the carry of firearms in a public place more strict than the state restrictions. As far as the effect of Act 35 on the preemption statute; political subdivisions still only have the unrestricted authority to prevent discgarge of firearms in their jurisdiction.
You hunters out there should also be aware that as of Nov. 1, 2011 you must have training and a CC license in order to carry your hunting knife on your pants belt if covered by your outer garment or if you carry a folding style hunting knife in your pocket.
Act 35 does not read Concealed Carry of Firearms or Concealed Carry of Handguns. It reads Concealed Carry of Weapons. Knives, Billy Clubs and Electric Weapons are included by definition as weapons, so the requirements of 175.60 apply to them as well. In regards to hunting knives I don’t know if this was by intention or an oversight.
As good as Act 35 may be, it has some serious problems. Constitutional carry is the only reasonable solution.
My opinions.
Current statute 941.235 reads as follows:
941.235 Carrying firearm in public building.
941.235(1)
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
941.235(2)
(2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this subsection, peace officer does not include a commission warden who is not a state-certified commission warden.
-------------------------------------------------------------------------------------------------
Essentially what is says is that only certain law enforcement and military personnel are allowed to carry any firearm in any public building owned or leased by any unit of government.
--------------------------------------------------------------------------------------------------------------------
Act 35 modified statute 941.235 to also exempt licensees from the prohibition of carrying firearms in public buildings. See section 60 below. 941.235 (2)(e)
--------------------------------------------------------------------------------------------------------------------
SECTION 58. 941.235 (2) (c) of the statutes is created
to read:
941.235 (2) (c) A qualified out−of−state law enforcement
officer, as defined in s. 941.23 (1) (g), to whom s.
941.23 (2) (b) 1. to 3. applies.
SECTION 59. 941.235 (2) (d) of the statutes is created
to read:
941.235 (2) (d) A former officer, as defined in s.
941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
SECTION 60. 941.235 (2) (e) of the statutes is created
to read:
941.235 (2) (e) A licensee, as defined in s. 175.60 (1)
(d), or an out−of−state licensee, as defined in s. 175.60 (1)
(g).
---------------------------------------------------------------------------------------------
However, concealed carry permit holders were not given carte blanche exemption to carry in all public buildings. Specific public buildings are still off limits as contained in (16) (a) Prohibited Activity section as quoted below.
-------------------------------------------------------------------------------------------------------------------
(16) PROHIBITED ACTIVITY. (a) Except as provided in
par. (b), neither a licensee nor an out−of−state licensee
may knowingly carry a concealed weapon, a weapon that
is not concealed, or a firearm that is not a weapon in any
of the following places:
1. Any portion of a building that is a police station,
sheriff’s office, state patrol station, or the office of a division
of criminal investigation special agent of the department.
2. Any portion of a building that is a prison, jail,
house of correction, or secured correctional facility.
3. The facility established under s. 46.055.
4. The center established under s. 46.056.
5. Any secured unit or secured portion of a mental
health institute under s. 51.05, including a facility designated
as the Maximum Security Facility at Mendota
Mental Health Institute.
6. Any portion of a building that is a county, state, or
federal courthouse.
7. Any portion of a building that is a municipal courtroom
if court is in session.
8. A place beyond a security checkpoint in an airport.
(b) The prohibitions under par. (a) do not apply to any
of the following:
1. A weapon in a vehicle driven or parked in a parking
facility located in a building that is used as, or any portion
of which is used as, a location under par. (a).
2. A weapon in a courthouse or courtroom if a judge
who is a licensee is carrying the weapon or if another
licensee or out−of−state licensee, whom a judge has permitted
in writing to carry a weapon, is carrying the
weapon.
3. A weapon in a courthouse or courtroom if a district
attorney, or an assistant district attorney, who is a licensee
is carrying the weapon.
--------------------------------------------------------------------------------------------
But now in it’s interest to maintain a police state the LRB rides again. It created statute 943.13(1m) ( c) 4 as shown below.
---------------------------------------------------------------------------------------------
SECTION 80. 943.13 (1m) (c) of the statutes is created
to read:
943.13 (1m) (c) 4. Enters or remains in any part of a building that is
owned, occupied, or controlled by the state or any local
governmental unit, excluding any building or portion of
a building under s. 175.60 (16) (a), if the state or local
governmental unit has notified the actor not to enter or
remain in the building while carrying a firearm or with
that type of firearm. This subdivision does not apply to
a person who leases residential or business premises in
the building or, if the firearm is in a vehicle driven or
parked in the parking facility, to any part of the building
used as a parking facility.
-------------------------------------------------------------------------------------
Section 943.13(1)( c) 4. In effect eviscerates carry of concealed weapons by licensees in public buildings as allowed by changes made to ss941.235. Many public places such as we saw in the DNR FAQ are taking the position that the posting of signs is adequate ‘notification”. My personal thoughts are that the paragraph is being misinterpreted. I think the intent is that if an individual is personally notified not to enter a particular public area with a firearm the actor should comply. I don’t think the paragraph was intended to imply that a sign as a notification to the general public is acceptable.
--------------------------------------------------------
‘The Senate is a place filled with goodwill and good intentions, and if the road to hell is paved with them, then it's a pretty good detour".
Hubert H. Humphrey
--------------------------------------------------------
I’m not sure if the sponsors of Act 35 are aware of the switch-a-roo or the misinterpretation, if that be what it is.. If not they certainly should be made aware of it loud and clear.
I also think the preemption statute comes into play on this issue. If the State restricts carry of firearms in only those public places described in (16)(a) Then a political subdivision adding additional public areas of prohibition is definitely making the carry of firearms in a public place more strict than the state restrictions. As far as the effect of Act 35 on the preemption statute; political subdivisions still only have the unrestricted authority to prevent discgarge of firearms in their jurisdiction.
You hunters out there should also be aware that as of Nov. 1, 2011 you must have training and a CC license in order to carry your hunting knife on your pants belt if covered by your outer garment or if you carry a folding style hunting knife in your pocket.
Act 35 does not read Concealed Carry of Firearms or Concealed Carry of Handguns. It reads Concealed Carry of Weapons. Knives, Billy Clubs and Electric Weapons are included by definition as weapons, so the requirements of 175.60 apply to them as well. In regards to hunting knives I don’t know if this was by intention or an oversight.
As good as Act 35 may be, it has some serious problems. Constitutional carry is the only reasonable solution.
My opinions.
