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Craig, Felzkowski Introduce Constitutional Carry
By Wisconsin School Administrators Alliance staff | March 28, 2017
From The Wheeler Report . . .
Sen. Dave Craig and Rep. Mary Felzkowski are circulating a bill providing for constitutional carry in Wisconsin. In 2011, the Wisconsin Legislature passed, and Gov. Walker signed, a concealed carry bill (Act 35). The bill being circulated later today will eliminate the need for a concealed carry permit, in most cases. According to the cosponsorship memo, “The bill allows for the concealed carry of a firearm without a license anywhere in the state by a person who is legally allowed to carry a firearm and simplifies state law while reducing the cost to citizens who choose to protect themselves and their families.”
Craig said, “We are expanding the Second Amendment in Wisconsin for law abiding citizens. A lot of states have passed Constitutional Carry. Wisconsin law currently allows for open carry on your hip without a permit. We are saying if you want to put a coat on you shouldn’t become a criminal by our state laws.”
The bill follows federal law by requiring a concealed permit for carrying on school grounds. Sen. Craig emphasized that the bill eliminates the state gun free school zones law and instead specifies that a person must have a permit to carry on school grounds. However, that does not mean schools have to allow guns in buildings or on school grounds. The school may choose to prohibit the possession of firearms in schools or on the grounds, but they must post signs of the prohibition. The bill creates a basic Wisconsin concealed carry permit that requires a background check to be conducted on an applicant, but does not require the applicant to complete a training course. These permits are for those seeking permission to conceal carry on school grounds which are not posted.
The bill does not change concealed carry provisions for campuses or university buildings, if the college or university is posted, a person cannot enter posted buildings carrying a firearm. Current law does not allow colleges and universities to post their grounds, just their buildings. The same is true for other buildings. The LRB analysis states, “The bill eliminates the general prohibition against carrying firearms in specified places, but retains the current law that allows certain persons to post buildings and grounds so that individuals who carry a firearm in violation of the posting commit trespassing.” Craig highlighted that it does not prevent local government entities or small business owners from posting against carrying concealed, says they must post it.
Additionally, the bill:
- Clarifies language regarding firearms and vehicles. The bill specifies that an individual may legally possess a handgun in their vehicle, concealed or not, if they are legally allowed to carry a firearm.
- Removes the prohibition against carrying a firearm while shining wildlife. The bill does not allow shining and shooting of any wildlife.
- Eliminates the prohibition against the possession of electronic weapons, tasers, as long as the individual is legally allowed to possess a firearm.
- Changes the definition of ‘firearm’ by specifically excluding antique firearms, which excludes firearms manufactured before 1898 and muzzleloading firearms.
LRB-2039. Constitutional Carry
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