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reciprocity

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mrjam2jab

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Messages
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Location
Levittown, Pennsylvania, USA
Assuming MI does a background check when they issue you your MI...then yes WI should honor it....according to the law...so just hope WIDOJ doesn't screw it up.
 
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xmanhockey7

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According to the bill pasted, yes, Michigan meets their requirement for reciprocity.
 
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mrjam2jab

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Bronson said:
Just don't carry within 1000' of a school when you go visit.

Bronson
Click to expand...

WI has that covered...

(2) ISSUANCE AND SCOPE OF LICENSE. (a) The depart-
ment shall issue a license to carry a concealed weapon to
any individual who is not disqualified under sub. (3) and
who completes the application process specified in sub.
(7). A license to carry a concealed weapon issued under
this section shall meet the requirements specified in sub.
(2m).
(b) The department may not impose conditions, limi-
tations, or requirements that are not expressly provided
for in this section on the issuance, scope, effect, or con-
tent of a license.
(c) Unless expressly provided in this section, this sec-
tion does not limit an individual’s right to carry a firearm
that is not concealed.
(d) For purposes of 18 USC 922 (q) (2) (B) (ii), an
out−of−state licensee is licensed by this state.
Click to expand...
 
TheQ

TheQ

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Location
Lansing, Michigan
Nevermind. Read 18 USC 923...

We should encourage Michigan to do this. I'll bring it up to Senator Green's office.
 
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DrTodd

DrTodd

Michigan Moderator
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Messages
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Location
Hudsonville , Michigan, USA
TheQ said:
Nevermind. Read 18 USC 923...

We should encourage Michigan to do this. I'll bring it up to Senator Green's office.
Click to expand...

Yep, it's great that Wisconsin put that in their law... but the downside is that it is an untested defense to the charge of a violation of the aforementioned federal law. Although I support the addition of this to Michigan law, and readily admit that such a statement may stop state and local LEOs from giving someone grief over it, I'm not so sure about the feds. Yes, it may work so don't respond as if I don't think it will, but it really is untested. I also think some other states (Wyoming ?) also have a similar statement in their laws.
 
TheQ

TheQ

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Messages
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Location
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18 USC 922
...
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
Click to expand...
...

I think the language in the WI bill makes it clear that for the purposes of 18 USC 922 out of state licensees are licensed the same as in-state licensees.

I'll post it on MGO's legal beagle corner to see if we can get some scholarly opinions from people that are licensed attorneys.

Posted here
 
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Bronson

Bronson

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Battle Creek, Michigan, USA
TheQ said:
I think the language in the WI bill makes it clear that for the purposes of 18 USC 922 out of state licensees are licensed the same as in-state licensees.
Click to expand...

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
Click to expand...

It's not enough for WI to "license" out of staters by recognizing their out of state license. WI must be the state that does the background check and it must be done before the "license" is issued. If they recognize a license that has already been issued it doesn't meet the letter of the law.

At least that's how I read it.

Bronson
 
DrTodd

DrTodd

Michigan Moderator
Joined
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Messages
3,272
Location
Hudsonville , Michigan, USA
Bronson said:
It's not enough for WI to "license" out of staters by recognizing their out of state license. WI must be the state that does the background check and it must be done before the "license" is issued. If they recognize a license that has already been issued it doesn't meet the letter of the law.

At least that's how I read it.

Bronson
Click to expand...

Apparently, so does the ATF.

http://www.handgunlaw.us/documents/batf_school_zone.pdf

(see 4th paragraph)
 
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xmanhockey7

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Messages
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It is my understanding in the state of Rhode Island the attorney general's office can issue concealed carry permits (they can apply to I believe local law enforcement that "shall issue" the permit but state law does say the attorney general "may issue"). If I am correct that only the attorney general would be responsible some licenses, it would seem to me if any one gets a permit from the AG office they would not be exempt because it wouldn't be " law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license" it would be the attorney general. I could be wrong about this but from what I understand on how their licensing system works I think it's possible.
 
Bronson

Bronson

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Messages
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Location
Battle Creek, Michigan, USA
I believe the AG is considered the chief legal and law enforcement officer of the state.

From the Rhode Island AG website:

As head of the Department of Law, the Attorney General is the top law enforcement official in the State of Rhode Island.
Click to expand...

Bronson
 
M

mrjam2jab

Regular Member
Joined
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Messages
769
Location
Levittown, Pennsylvania, USA
xmanhockey7 said:
It is my understanding in the state of Rhode Island the attorney general's office can issue concealed carry permits (they can apply to I believe local law enforcement that "shall issue" the permit but state law does say the attorney general "may issue"). If I am correct that only the attorney general would be responsible some licenses, it would seem to me if any one gets a permit from the AG office they would not be exempt because it wouldn't be " law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license" it would be the attorney general. I could be wrong about this but from what I understand on how their licensing system works I think it's possible.
Click to expand...

It's my understanding that non-residents apply thru AG...residents apply thru local LEO. And as stated AG is most of the time the top LEO of the state.
 
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