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A list of State Statutes concerning firearms we would like to see repealed.

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
Lets start with

941.23 Carrying concealed weapon.
941.235 Carrying firearm in public building.
941.237 Carrying handgun where alcohol beverages may be sold and consumed.
941.24 Possession of switchblade knife.
941.25 Manufacturer to register machine guns.
941.26 Machine guns and other weapons; use in certain cases; penalty.
941.27 Machine guns.
941.28 Possession of short−barreled shotgun or short−barreled rifle.
941.29 Possession of a firearm.
941.291 Possession of body armor.
941.295 Possession of electric weapon.

There I have taken these from http://forum.opencarry.org/forums/showthread.php?58993-Wisconsin-State-Statutes-and-Caselaw
Thank you Brass Magnet
 
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protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
There are other self defense items I'm sure we'd like to see repealed as well. Tasers/stun guns and (certain types of) pepper spray come to mind.
 

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
There are other self defense items I'm sure we'd like to see repealed as well. Tasers/stun guns and (certain types of) pepper spray come to mind.

I absolutely agree, I would like to be able to have access to a less lethal means of defense too.

The stupidest law in Wisconsin regarding pepper spray?? That it cannot contain any dye!! WTF? wouldn't the dye make it easier for the police to identify the person who got sprayed? What the hell is so terrible about a marker dye in pepper spray?
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
I don't believe a complete repeal would be necessary for all the laws. One could modify the concealed weapons law to something similar to Vermont's where it is a crime to '[carry] a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man." In Wisconsin I would simply modify the statute to make it a crime to conceal a weapon in commission of a crime, e.g., a felon concealing to hide illegal possession, a robber hiding a gun in commission of a stick-up, etc.

The school zone law could remain-- modified to make it a crime (or a penalty enhancer) to use a firearm in commission of a crime within a school zone.

Such modifications would not interfere with open and concealed carry yet still allow prosecution of criminals, not the law-abiding. They would be similar to laws that exist in some areas that make wearing a mask during a crime to be a separate crime whereas wearing a mask in all other circumstances remains perfectly legal.
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
I don't believe a complete repeal would be necessary for all the laws. One could modify the concealed weapons law to something similar to Vermont's where it is a crime to '[carry] a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man." In Wisconsin I would simply modify the statute to make it a crime to conceal a weapon in commission of a crime, e.g., a felon concealing to hide illegal possession, a robber hiding a gun in commission of a stick-up, etc.

The school zone law could remain-- modified to make it a crime (or a penalty enhancer) to use a firearm in commission of a crime within a school zone.

Such modifications would not interfere with open and concealed carry yet still allow prosecution of criminals, not the law-abiding. They would be similar to laws that exist in some areas that make wearing a mask during a crime to be a separate crime whereas wearing a mask in all other circumstances remains perfectly legal.

I most definitely agree!
 

grantgorgen

Regular Member
Joined
Mar 4, 2009
Messages
24
Location
Brookfield, Wisconsin, USA
Don't forget about college carry, pretty sure that one's still on the books. And if I may add, some of the police on campus (real police) tried to tell me that my unloaded, encased and in my trunk 1911 was illegal so long as my vehicle was on campus property.
 

WIG19

Regular Member
Joined
May 27, 2008
Messages
248
Location
, Wisconsin, USA
One could modify the concealed weapons law to something similar to Vermont's where it is a crime to '[carry] a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man."
While I'm sure most of us understand VT's intent to mean intent to initiate without provocation the injury of someone else, words matter in the law and are subject to interpretation later by fallible humans. The list of people jammed up because of later interpretation of a dead author's good intent is a long one. If attacked my purpose in carrying is most certainly to wreak the most grievous harm necessary to win the fight.

I like the intent of the thread discussion. I'll vote for the original repeal, though, applying consequences to bad behavior, not prior assumptions about what a person's intent may or may not be. Just strike it.
:)
 

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
I don't believe a complete repeal would be necessary for all the laws. One could modify the concealed weapons law to something similar to Vermont's where it is a crime to '[carry] a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man." In Wisconsin I would simply modify the statute to make it a crime to conceal a weapon in commission of a crime, e.g., a felon concealing to hide illegal possession, a robber hiding a gun in commission of a stick-up, etc.

The school zone law could remain-- modified to make it a crime (or a penalty enhancer) to use a firearm in commission of a crime within a school zone.

Such modifications would not interfere with open and concealed carry yet still allow prosecution of criminals, not the law-abiding. They would be similar to laws that exist in some areas that make wearing a mask during a crime to be a separate crime whereas wearing a mask in all other circumstances remains perfectly legal.

Though I don't disagree that this could be a compromise I don't think any of what you listed is necessary.

It's already illegal, once intent is proven, to carry a gun for avowed purpose to harm another. It's called conspiracy to commit "Blank".

It's already a crime to commit a crime, even in a school zone.

Once again, as a compromise, maybe I would go with this but "I just don't see the need".;)
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
Though I don't disagree that this could be a compromise I don't think any of what you listed is necessary.

It's already illegal, once intent is proven, to carry a gun for avowed purpose to harm another. It's called conspiracy to commit "Blank".

It's already a crime to commit a crime, even in a school zone.

Once again, as a compromise, maybe I would go with this but "I just don't see the need".;)

A "conspiracy" requires an agreement between two or more persons. A single person can intend to commit any crime, but there is no conspiracy without at least a second person agreeing to participate do a certain degree.

Yes, it's a crime to commit a crime. That's a tautology. But committing a crime in a school zone can be an additional crime, or bring greater penalties as an enhancer.

There is no "need" for those things, however they do provide a means to penalize actual criminal behavior. Secondly there was a least a hint of good intention behind outlawing concealed carry and limiting firearms near schools. The problem is that the current laws apply equally to the law-abiding and law-breakers. This puts the otherwise law-abiding person in an unfortunate dilemma-- either comply with the law and reduce one's level of personal security, or break the law and risk the penalties. That is unfair, in my opinion. My suggestion puts all the risk of committing the crime where it ought to be-- on the criminal-- while not limiting the otherwise law-abiding person's ability to exercise their rights or to maintain their higher level of personal security.
 

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
Whoops

Should have said "intent" to commit. It was just too many "intents" so it confused me, unintentionally.

I learned a new word too: tautology. I had to look that one up. Yes it was tautology, please alert the department of redundancy department! :lol: The funny thing is; in relation to Vermont's language, that when punishing a crime twice we can still alert the department of redundancy department. Kind of like texing while driving was pretty much already illegal before they passed the bill except it's called inattentive driving.

In any case, I do agree, and personally have no problem with "penalty enhancers" as long as they don't affect the LAC. I wouldn't call the specific Vermont example a penalty enhancer, at least to my understanding.

I was also hoping (and maybe you did) that you'd catch on to my "I just don't see the need" quotation. :D
 
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M

McX

Guest
gun statutes i would like repealed?..............................all of them. that should do it- and again, thusly i have spoken.
 

AaronS

Regular Member
Joined
May 2, 2009
Messages
1,497
Location
Milwaukee, Wisconsin, USA
Don't forget about college carry, pretty sure that one's still on the books. And if I may add, some of the police on campus (real police) tried to tell me that my unloaded, encased and in my trunk 1911 was illegal so long as my vehicle was on campus property.

As Doug pointed out. It must have been a school rule, because it was not any law. I think you will have to take that up with your college.
If any real cop told you it was law, I would like a copy of it (the law), as I do not know of any. Just love the way the police like to tell us what the law is (and then go look it up to find out). I would think that the police would have learned that trust is earned...
 
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