Wisconsin is poised to join 48 states that let their law-abiding citizens to carry a concealed weapon under a bill passed by the state senate last week. With a bipartisan vote of 25-8, the senate sent the legislation on to the assembly for further action. Assembly action is expected to be quick, meaning that Illinois would be the only state left in the nation that does not allow concealed weapons.
The bill allows Wisconsin citizens age 21 and over to get a permit from the Department of Justice after they complete an approved training program and clear a background check showing that they are not felons or would not otherwise be prohibited from carrying a weapon. Under the bill, the permit fee would be no more than $50 and the permits would be valid for five years. The bill follows what is known as the “Florida Model” by requiring training by an instructor certified by the Department of Justice or a national or state organization and by providing exemptions for military, law enforcement and past license holders. Florida has issued 2 million licenses since 1986. Furthermore, the bill protects the confidentiality of people who have a permit to carry a concealed weapon, but allows law enforcement to access the information to verify a license or during the course of certain investigations.
Guns would be banned from certain areas under the legislation that was passed. These areas include school grounds, law enforcement offices, prisons, jails, secured mental health facilities and the area of an airport beyond the security check-in point. Guns would be permitted in taverns, but the person carrying a weapon would be prohibited from consuming alcohol. Permit holders could carry a weapon near school grounds and could also carry a weapon in the state capitol.
Private businesses can post signs to prohibit guns from being carried in their buildings, but could not prohibit employees from keeping weapons in their locked personal automobile. Under current law people are permitted to keep guns in their car if the gun is in a locked case and is unloaded. The legislation approved by the senate would allow people to carry guns in their car loaded and not in a case. Governmental units could post signs to prohibit weapons in their buildings but could not prohibit guns on their grounds. Specific short-term events, like Milwaukee’s Summerfest, could prohibit weapons.
The idea of allowing Wisconsin citizens to carry a concealed weapon is not new. In fact similar legislation was approved by the legislature in 2003 and again in 2005 only to be vetoed by then-Governor Jim Doyle. The concealed carry legislation differs from what is known as constitutional carry because it contains a training and licensure component, which constitutional carry does not.
In addition to this issue’s legislative history, the Wisconsin Supreme Court has weighed in as well, which does not happen very often when the legislature is considering a bill. In a 2003 decision known as the “Hamden decision” recognized that individuals have a right to carry a weapon to protect their home or business. The court’s decision instructed the legislature to act on a concealed weapons bill before the court ruled that the ban on concealed weapons was unconstitutional.
As I mentioned, legislators have been debating the pros and cons of this bill for a number of years. In the end, I think the time had come to allow law-abiding people to carry a concealed weapon with the appropriate training and permitting. Concealed weapons are permitted in most places around the country and it makes sense for Wisconsin to recognize the rights of its citizens to legally carry a concealed weapon as the vast majority of other states have done.
If you have any questions about any of the information I have included or if you have suggestions on other topics or issues you would like learn more about, you may call my office toll-free at (800) 991-5541; write me at P.O. Box 7882, Madison, WI 53708; or e-mail me at: Sen.Olsen@legis.state.wi.us. You can also sign up for our newsletter at our website:
http://www.legis.state.wi.us/senate/sen14/news/index.htm .