Right to Carry in Wisconsin. Get all the facts in one place here.

posted by Jay Weber - 

State Sen Dave Craig joined Jay Weber to discuss his new legislation.  FOLLOW THIS LINK TO SIGN THE PETITION HERE > Right to Carry

Right to Carry FAQ

What is the difference between a concealed carry license, and a basic concealed carry license?  

The concealed carry license stays the same as the license issued by the Department of Justice under current law requiring completion of a training program. In addition to this current license, the bill creates a basic concealed carry license that does not require completion of a training program. To receive either license, DOJ must complete a background check. Both of these licenses are retained despite the fact that they are no longer necessary to carry a firearm in Wisconsin for purposes of reciprocity with other states and minimizing the applicability of federal firearm restrictions.

Under this bill, do I have to have a concealed carry license at all?

No, both licenses are optional. However, a person may choose to obtain one of these licenses for purposes of carrying a firearm in another state or to minimize the applicability of federal firearm restrictions. The only difference between the two licenses is that one has a training program requirement, and the other does not.

Do I need a concealed carry license to carry a handgun in my car?

No. This bill clarifies the law and allows all those legally allowed to possess a handgun to carry in their vehicle, regardless of whether it is concealed or not.

Under this bill, if I currently have a concealed carry license, do I need to obtain a new license?

No.

My employer’s property is posted to prohibit possession of a firearm. Can I leave my firearm in my car?

Yes. Current law allows employees to possess a firearm in a vehicle in parking lots with posted signs prohibiting possession of firearms by their employer if they have a concealed carry license. This bill removes the requirement for this license. This provision applies to all employers.

What is an antique firearm?

For the purposes of the National Firearms Act, the term “Antique Firearms” means any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. 

Antique firearm also generally includes any muzzleloading rifle, muzzleloading shotgun, or muzzleloading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

Can non-residents of Wisconsin carry their firearm openly or concealed in Wisconsin?

Yes, as long as they are not entering legally posted property prohibiting possession of firearms, and if they are in a school zone, they hold one of the two types of Wisconsin licenses. 

What does this bill change regarding shining?

The bill removes the general prohibition against carrying a firearm while shining wildlife. For example, under current law, if you were to shine the headlights of your vehicle at a deer at night while possessing a firearm in your vehicle, you would be violating current law. Under this bill, situations where you are carrying a firearm and shining (but NOT shooting the firearm) would be allowed.

This bill does NOT allow shining and shooting of any wildlife for which this is not allowed under current law, such as deer and bear.

Does this bill allow for the carrying of firearms in school buildings and on school grounds?

Generally, yes. However, the bill does leave it up to the schools to decide whether carrying a firearm in school buildings or on school grounds is permissible, with one exception. It is important to note that no one is permitted under federal law to carry a firearm in a school zone unless they are licensed by the state in which the school is located. For example;

  1. If you have a Wisconsin concealed carry license and the school does not post signs prohibiting possession of firearms in their buildings and/or grounds:
    1. You would be able to carry a firearm in the school zone.
  2. If you do not have a Wisconsin concealed carry license and the school does not post signs prohibiting possession of firearms in their buildings and/or grounds:
    1. If you do not have a Wisconsin concealed carry license, you cannot carry a firearm in the school zone under federal law. This bill does not and cannot change federal law.
  3. If you have a Wisconsin concealed carry license and the school does post signs prohibiting possession of firearms in their buildings and/or grounds:
    1. You would not be able to carry a firearm in the buildings and/or grounds. However, if the buildings and/or grounds are posted, you are still able to carry a loaded or unloaded firearm in any vehicle driven or parked in a parking facility in school buildings or on school grounds.
  4. If you do not have a Wisconsin concealed carry license and the school does post signs prohibiting possession of firearms in their buildings and/or grounds:
    1. You would not be able to carry a firearm anywhere within the school zone under federal AND state law.

Does this bill allow for carrying of firearms in college buildings and on campus grounds?

Current law allows for colleges and universities to post their buildings. If the building is posted, you cannot enter while carrying a firearm. Current law does not allow for colleges and universities to post their grounds. This bill does not change current law.

Can I carry a firearm openly or concealed into a stadium?

Generally, yes. There is no state prohibition of carrying a firearm in stadiums. However, some stadiums may be legally posted with signs prohibiting possession of firearms, such as stadiums on school grounds, stadiums that are part of special events, stadiums that qualify as buildings, or stadiums that require access to enter through a posted building.

           

Reinstates and uphold individual rights          

Restores constitutional rights and increases freedom for law-abiding citizens

Allows concealed carry of a firearm without a concealed carry license anywhere in the state where one is legally allowed to carry a firearm

Expands the places where carrying a firearm concealed is allowed 

Allows the carry of firearms and defense weapons in highway and off-road vehicles

If you are legally allowed to own a handgun, you are legally allowed to carry it concealed o   No license, no fee, no government hoops to jump through

 

Allows individuals the opportunity to protect themselves at lower cost

 

Allows citizens to carry a firearm concealed without the cost of a concealed carry license          

Allows concealed carry of a firearm on public transportation

Allows employees to carry a firearm in their vehicle on employer property

This bill allows the carry of non-lethal, less expensive forms of protections such as stun guns, tasers, etc. 

Provides simplicity and clarity in the law          

Under current law the “open” or exposed carry of a firearm is legal without a concealed carry license.

Under current law, if one wishes to carry their defense firearm in a purse or under a winter coat, they are in violation of the current concealed carry law unless they get a concealed carry license

By removing the requirement for a license, we are allowing for a wide variety of carry options for those who wish to carry for self-defense. 

Law-abiding citizens will have the same right to carry discreetly that they currently have to carry openly

Clarifies the law regarding carrying firearms in vehicles  o             The legislative intent of 2011 Senate Bill 93 (Concealed Carry WI) was to remove the requirement to unload and case a handgun in a vehicle. 

However, law enforcement and the courts consider the vehicle itself to be “concealing the firearm” and have brought charges against individuals for what should be a lawful activity.  

This bill allows citizens to carry a firearm in their vehicle with or without a concealed carry license

Adopts the federal definition of a firearm for parity with state and federal gun laws

Repeals Wisconsin’s gun free school zone law (state concealed carry license required to comply with federal law) o      Current federal gun free school zone law will apply without the duplicative, overlapping state law  o            Federal law requires a state-issued concealed carry license to carry a firearm on school grounds, this bill creates a “basic license” which will satisfy the requirements of the federal law and allow carrying of a firearm on school grounds without the training program requirement. 

New basic license must be issued (shall-issue) to anyone who passes DOJ’s background check

The basic license acts as a “permission slip” to allow law-abiding gun owners to comply with Federal Law regarding carrying a firearm on school grounds and protect themselves from exposure to criminal penalties.  

Those legally allowed to own a firearm will fulfill the requirements of the new basic license.

With a basic license, a parent would be allowed to carry a firearm in their vehicle while picking up their child from school. 

 

Additional Information, Provisions of the Bill, and Talking Points

 

DOJ has issued over 300,000 concealed carry licenses over the last 5+ years 

Criminal behavior, gangs, murder, bank robberies, etc. existed before the license system and will exist with any change made to the system.   o        The current license structure actually limits those who respect the law.  

We have plenty of statutes that punish those who break the law. With this bill, we provide greater freedom for those who obey it.

There are already strict limitations on who can purchase and own a firearm.

To be eligible under federal law to purchase or maintain possession of a firearm you must meet the following criteria:

Never have been convicted of a felony

Never have been mentally adjudicated by the state

Never have received dishonorable discharged from the military

Never have been convicted of misdemeanor domestic violence

Are 21 years of age (for a handgun)

Are a citizen of the US

If you do not meet the above requirements, it is a federal felony to be in possession of a handgun.

Whether you have a concealed carry license or not, one must meet the above criteria to legally purchase or possess a firearm. 

Currently, 13 states have passed Constitutional Carry – Vermont, Montana, Alaska, Arizona, Wyoming, Arkansas, Kansas, West Virginia, Idaho, Mississippi, Maine, Missouri, and New Hampshire.

States Considering Constitutional Carry this year:  Colorado, Georgia, Indiana, Iowa, Kentucky, Louisiana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Virginia. 

This bill maintains the current law allowing carry of a firearm on university/campus grounds and maintains the ability for private and public universities to post signs prohibiting possession of firearms in buildings. 

This bill maintains the current law allowing private property owners and private business owners to post signs prohibiting possession of firearms on their property/buildings.

This bill does not allow hunting while shining.  This bill does, however, allow an individual to carry a firearm while shining an animal. 

This bill allows DOJ to issue Wisconsin concealed carry licenses to residents from other states as long as they pass a background check and meet the criteria above.

This bill supports additional concealed safety and self-protection options, such as tasers and batons, as protective devices for potential victims.

 



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