GOOD: Wisconsin Carry, Inc Sues Over Gun Free School Zones

GOOD: Wisconsin Carry, Inc Sues Over Gun Free School Zones

This is a discussion on GOOD: Wisconsin Carry, Inc Sues Over Gun Free School Zones within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; This is interesting. The vice president of this group (Wisconsin Carry, Inc.) is the reason I started open carrying and ended up getting my concealed ...

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Thread: GOOD: Wisconsin Carry, Inc Sues Over Gun Free School Zones

  1. #1
    Member Array logan's Avatar
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    GOOD: Wisconsin Carry, Inc Sues Over Gun Free School Zones

    This is interesting. The vice president of this group (Wisconsin Carry, Inc.) is the reason I started open carrying and ended up getting my concealed carry permit for several states. He held an open carry picnic in my town that was very successful and it made national news. Over 300 people had showed up, and 99 of them were carrying. They ran out of food within a couple hours.

    For those who are unaware of WI laws, here's a quick overview:
    -No concealed carry
    -Weapons in vehicles must be encased and unloaded
    -No carry within 1000' of a school zone
    -No carry in government buildings
    -No carry in an establishment that has a class b liquor license (almost any place that serves alcohol for consumption)
    -No carry in state parks or fish hatcheries

    There is no law against open carry. In April of 2009 the Attorney General of WI released a memo stating that anyone openly carrying a holstered handgun should not get cited for disorderly conduct. This was shortly after someone had been arrested near Milwaukee for openly carrying while doing yard work.

    Removing the school zone law and the vehicle law would be amazing! So this lawsuit to remove the school zone law is a great start.

    Here's the link to the article: Gun group sues over school zone restriction - JSOnline

    Gun group sues over school zone restriction

    By Bruce Vielmetti of the Journal Sentinel

    Posted: Jan. 8, 2010 4:24 p.m.

    A gun rights group has sued the state and two cities over enforcement of Wisconsin's law against carrying firearms within 1,000 feet of a school.

    The lawsuit, filed in federal court in Milwaukee Friday, claims that "Wisconsin's Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state." It calls the law "an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges"

    The lawsuit was filed by Wisconsin Carry, Inc., David Bernson of Milwaukee and Frank Hannan Rock of Racine. It names as defendants Gov. Jim Doyle, the city of Milwaukee and one of its police officers, and the city of Racine and two Racine officers. It seeks to have the law declared unconstitutional and damages for the two men over their arrests and confiscation of guns.

    According to the suit:

    Bernson was arrested near his home in May 2008, and though he was subsequently released without charge, the city has refused to return a gun that was seized from Bernson's home. Bernson's request for the gun was denied in part because he had allegedly possessed it at a gas station within 1,000 feet of a school.

    In September, Rock was arrested on his front porch in Racine, and had his gun confiscated, when he refused to identify himself to officers. Ultimately, he was not prosecuted for obstruction but was told that because he lives within 1,000 feet of a school, officers would have probable cause in the future to arrest him if he has a gun and refuses to identify himself.

    Milwaukee city attorney's office officials said they had not seen the lawsuit Friday. Officials with the governor's office and city of Racine could not immediately be reached for comment.
    Logan - NRA Member

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  2. #2
    VIP Member Array paramedic70002's Avatar
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    Living within 1000 feet of a school zone is protected in the fed law IIRC. Sounds like some prime courtroom drama coming. Hope he's got a good lawyer.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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  3. #3
    Member Array KralBlbec's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    Living within 1000 feet of a school zone is protected in the fed law IIRC. Sounds like some prime courtroom drama coming. Hope he's got a good lawyer.
    Living is protected, but not driving by. Could set a good precedent, but I think it would have to be taken to the federal level before anything really changed.

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