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Thread: Concealed carry won’t be allowed on Metro buses

  1. #1
    Regular Member HandyHamlet's Avatar
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    Concealed carry won’t be allowed on Metro buses

    SANDY CULLEN
    Posted: Thursday, October 13, 2011 3:00 pm

    Wisconsin’s new concealed carry law should not affect Metro Transit’s policy prohibiting guns on city buses, an assistant city attorney said Wednesday.

    “We don’t believe the new law affects buses,” said Marci Paulsen.

    “The municipalities that we’ve heard from are in agreement that it doesn’t impact buses,” Paulsen said.

    She said Eau Claire and De Pere were the municipalities she was aware of that were in agreement.

    City Council members will be asked to approve a measure Tuesday authorizing signs to be posted in all city-owned buildings prohibiting firearms, Paulsen said.

    Signs also would be posted prohibiting the carrying of guns and other weapons in bus shelters and transfer points, she said.

    Read more: http://host.madison.com/wsj/news/loc...#ixzz1alyv6YhK


    Time to fire up the Lawsuit machines. Looks like there is work to be done.
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    Founder's Club Member protias's Avatar
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    167.31 (2) (c) Except as provided in sub. (4), no person
    may load a firearm, other than a handgun, as defined
    in s. 175.60 (1) (bm), in a vehicle or discharge a firearm
    or shoot a bolt or an arrow from a bow or crossbow in or
    from a vehicle.

    Did they not read the law?
    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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    Founder's Club Member Brass Magnet's Avatar
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    Yeah,
    I don't think they have the authority to restrict carry on the buses. State law, as amended by Act 35 allows it and gives no options to restrict it, therefore a carry restriction on the buses would definitely violate 66.0409. Unless I'm missing something? A bus is not a government building.
    Last edited by Brass Magnet; 10-14-2011 at 12:36 PM.
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    Regular Member MilProGuy's Avatar
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    The good thing about concealed carry is that, if the gun is properly concealed, the bus driver will never know!

  5. #5
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by MilProGuy View Post
    The good thing about concealed carry is that, if the gun is properly concealed, the bus driver will never know!
    Except we will not need a permit for vehicle carry.
    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)

  6. #6
    McX
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    Quote Originally Posted by protias View Post
    Except we will not need a

    steeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeennnnnnnnnnnnnnkin permit

    for vehicle carry.
    .

  7. #7
    Founder's Club Member protias's Avatar
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    Love it McX!

    Quote Originally Posted by MilProGuy View Post
    The good thing about concealed carry is that, if the gun is properly concealed, the bus driver will never know!
    The other thing that needs to be addressed is, "If it is properly concealed, no one will know." True, however, if a business does this, why would you want to give your money to a place that hates liberty? Same goes for the government. We have laws in place and it needs to abide by 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)

  8. #8
    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by protias View Post
    Love it McX!



    The other thing that needs to be addressed is....
    People who use public transportation give up their rights as American citizens.
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  9. #9
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by HandyHamlet View Post
    People who use public transportation give up their rights as American citizens.
    While I firmly believe the car resembles freedom because you can go where you want, when you want. I won't go so far as to saying public transportation is not American, but it surely doesn't represent as much freedom as the car.
    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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    I was at the town hall in Greenfield this noon-ish, and amazingly the lawyer (Milwaukee assistant DA) explained that while the bus company may regulate its drivers, it may not regulate customers, esp. since (as Brass pointed out) a bus is not a building.

    Who woulda thunk that Milwaukee would actually get something right??

  11. #11
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by MKEgal View Post
    I was at the town hall in Greenfield this noon-ish, and amazingly the lawyer (Milwaukee assistant DA) explained that while the bus company may regulate its drivers, it may not regulate customers, esp. since (as Brass pointed out) a bus is not a building.

    Who woulda thunk that Milwaukee would actually get something right??
    Wow, I'm surprised he is on the side of the law rather than making it up (from what I've seen from a few Milwaukee public officials).
    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)

  12. #12
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Quote Originally Posted by MKEgal View Post
    I was at the town hall in Greenfield this noon-ish, and amazingly the lawyer (Milwaukee assistant DA) explained that while the bus company may regulate its drivers, it may not regulate customers, esp. since (as Brass pointed out) a bus is not a building.

    Who woulda thunk that Milwaukee would actually get something right??
    Maybe he would be so kind as to phone the Madison city attorney's office and make an inquiry regarding what they've been smoking there.
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    Regular Member paul@paul-fisher.com's Avatar
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    Am I missing anything in Act 35? The way I read it, only 167.31 applies to buses, right? So.... if we open carry and stand so that our sidearms are viewable from outside the bus we are legal 11/1, right?

  14. #14
    State Researcher lockman's Avatar
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    Paul, does the bus drive by a school?

  15. #15
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by lockman View Post
    Paul, does the bus drive by a school?
    Oh yeah, right... but now it's just a fine, no misdemeanor or felony. After we get our permits, bus riding would be good?

  16. #16
    Regular Member IcrewUH60's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    Oh yeah, right... but now it's just a fine, no misdemeanor or felony. After we get our permits, bus riding would be good?
    you'd have to knowingly carry through a school zone. the bus driver and city planners might know, but i'll be damned if I am expected to research all the routes (not including emergency or temp. detours) of the buses to go to and fro.

    sitting on a jury, I'd expect it to be difficult to prove that a bus patron, knowingly carried within 1,000' of school property.. especially at night.

    added on edit: think of a taxi ride on your way downtown. you have no control of the route, therefore in my opinion, you would not be knowing[ly]....
    Last edited by IcrewUH60; 10-15-2011 at 11:00 AM.
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  17. #17
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by IcrewUH60 View Post
    you'd have to knowingly carry through a school zone. the bus driver and city planners might know, but i'll be damned if I am expected to research all the routes (not including emergency or temp. detours) of the buses to go to and fro.

    sitting on a jury, I'd expect it to be difficult to prove that a bus patron, knowingly carried within 1,000' of school property.. especially at night.

    added on edit: think of a taxi ride on your way downtown. you have no control of the route, therefore in my opinion, you would not be knowing[ly]....
    I agree with you post except for a jury. It's a forfeiture, not a crime. I am pretty sure you can't even demand a jury trial for a forfeiture.

  18. #18
    Regular Member IcrewUH60's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    I agree with you post except for a jury. It's a forfeiture, not a crime. I am pretty sure you can't even demand a jury trial for a forfeiture.
    i think you can be afforded a 6 person jury in forfeiture cases. Ref: 756.06(2)(c)

    A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 shall consist of 6 persons.
    "In a court trial half the lawyers are wrong." - Captain Nemo

    "[There is] a duty in refusing to cooperate in any undertaking that violates the Constitutional rights of the individual. This holds in particular for all inquisitions that are concerned with the private life and the political affiliations of the citizens." - Albert Einstein

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  19. #19
    McX
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    well, i'm glad to see the obnoxious passengers, loud cell phone talkers, hood rats, and winos will still have exclusive rights to public transportation. no one ever gets attacked on the bus right? - i think i saw a video of some thugs with ak-47's shooting at a bus, nahhh, MUST be my imagination.

    take the bus- die with us!

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    Quote Originally Posted by Brass Magnet View Post
    Yeah,
    I don't think they have the authority to restrict carry on the buses. State law, as amended by Act 35 allows it and gives no options to restrict it, therefore a carry restriction on the buses would definitely violate 66.0409. Unless I'm missing something? A bus is not a government building.
    Does Act 35 restrict carry in govt buildings that are not police (Et al) or courthouses?

    1. Any portion of a building that is a police station,
    sheriff’s office, state patrol station, or the office of a divi-
    sion of criminal investigation special agent of the depart-
    ment.
    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 desig-
    nated 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 court-
    room if court is in session.
    8. A place beyond a security checkpoint in an airport.
    ETA: Found it...

    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.
    Last edited by mrjam2jab; 10-16-2011 at 10:46 AM.
    States don’t have rights. People do.

  21. #21
    Regular Member theoicarry's Avatar
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    If I decide to shop in Madtown and want to use the metro system to go from location to location. Now what about my rights? Am I now different because I carry a gun? I will keep my money at home where it is appreciated and my rights are not infringed upon.
    The way that you wander is the way that you choose,
    The day that you tarry, is the day that you lose!

  22. #22
    Regular Member oak1971's Avatar
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    I don't always ride the bus, but when I do, I drink Dos Equis.



    Might as well be plastered, that way the mugging you're a disarmed victim of won't seem so bad.
    Last edited by oak1971; 10-16-2011 at 07:34 PM.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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