Mike
Site Co-Founder
http://legis.wisconsin.gov/lc/publications/im/IM2011_10.pdf
Pretty good summary of the impact of SB 93.
I have identified one error:
"Residency" re n.8 (stating that license holder must be resident of Wisconsin to come under licensee exemption to federal school zone gun ban): 18 USC 922(q) does not mention any residency requirement in relation to the federal school zone firearm carry licensee safe harbor; admittedly, the text of the statute states that the license must be issued by the state where the school zone is located - however, this does not mean the license holder must be a resident of that state.
Many states issue gun carry licenses to residents of other states, e.g., Virginia, Utah, and Florida, often at slightly marked up rates, helping to fund the license scheme. Lititgation is pending in Colorado which would strike down residency discrimination as unconstitutional under federal law, e.g., the (1) privileges and immunities clause, and (2) the privileges or immunities clause.
I assume from the memo that Wisconsin concealed carry licenses are only being issued to residents of Wisconsin - however, some of these "residents" may obtain a license and then become residents of other states after acquiring their licenses and those licenses will remain valid until they expire, this change of residency notwithstanding. Additionally, some of these "residents" may only be "actual residents" of Wisconsin, e.g., college students, military personnel and their family members, retirees, etc., and be domiciliary residents of other states, holding the usual indices of domicile, driver's lciense, voter crds, etc. But if they hold the Wisconsin gun carry license, at least re federal law, they have safe harbor to carry guns in Wisconsin school zones and in the school buildings all the way to the blackboard.
Pretty good summary of the impact of SB 93.
I have identified one error:
"Residency" re n.8 (stating that license holder must be resident of Wisconsin to come under licensee exemption to federal school zone gun ban): 18 USC 922(q) does not mention any residency requirement in relation to the federal school zone firearm carry licensee safe harbor; admittedly, the text of the statute states that the license must be issued by the state where the school zone is located - however, this does not mean the license holder must be a resident of that state.
Many states issue gun carry licenses to residents of other states, e.g., Virginia, Utah, and Florida, often at slightly marked up rates, helping to fund the license scheme. Lititgation is pending in Colorado which would strike down residency discrimination as unconstitutional under federal law, e.g., the (1) privileges and immunities clause, and (2) the privileges or immunities clause.
I assume from the memo that Wisconsin concealed carry licenses are only being issued to residents of Wisconsin - however, some of these "residents" may obtain a license and then become residents of other states after acquiring their licenses and those licenses will remain valid until they expire, this change of residency notwithstanding. Additionally, some of these "residents" may only be "actual residents" of Wisconsin, e.g., college students, military personnel and their family members, retirees, etc., and be domiciliary residents of other states, holding the usual indices of domicile, driver's lciense, voter crds, etc. But if they hold the Wisconsin gun carry license, at least re federal law, they have safe harbor to carry guns in Wisconsin school zones and in the school buildings all the way to the blackboard.