Milwaukee DA and police chief propose concealed carry

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Monkeyleg

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It looks like the police chief and DA of Milwaukee are floating the idea of exchanging legalized concealed carry for gun control measures they'd like. They're talking about background checks on all gun sales, making illegal concealed carry a felony instead of the misdemeanor it is now, gun taxes, and other possible gun control measures.

Before anyone gets too elated about this, remember that Governor Doyle hasn't spoken. Also, nobody's given any specifics about what concealed carry laws would be on the table. Shall-issue or discretionary? $100 for five years or $500 a year?

The city of Milwaukee has lobbied for well over a decade to make concealed weapons a felony. This may be their chance.

Also, while Mayor Barrett is opposed for the moment, he may just be putting his finger in the wind as he prepares for his run for governor next year.

The story from the Milwaukee Journal Sentinel:



Two powerful Milwaukee leaders on Wednesday floated the idea of allowing concealed-carry gun permits in Wisconsin as part of a larger package of gun law reforms - marking a departure with Mayor Tom Barrett on the hot issue.

Police Chief Edward Flynn and District Attorney John Chisholm said allowing concealed-carry weapon permits must be coupled with other changes such as requiring background checks on all gun purchases in Wisconsin. Currently, only federally licensed gun stores have to do such checks in the state.

Allowing concealed-carry permits has long been a top priority for gun-rights advocates. Conversely, gun-control advocates have pushed hard for the background checks to close the so-called gun show loophole.

"If we are going to have substantial, meaningful reform at some point these twin pillars of desire have to be addressed," Chisholm said. "This is the time to raise this. Let's get it out in the open and cut a deal."

Appearing before a Common Council Public Safety Committee hearing, Chisholm and Flynn said that, if concealed carry were allowed, there should be a tough permit process and anyone caught carrying a concealed gun without a permit would face a felony.

Under current law, carrying a concealed weapon is a misdemeanor in Wisconsin. Unlike other crimes, it never becomes a felony, no matter how many times a criminal is charged with it.

Wisconsin is one of only two states that do not allow residents to obtain concealed-carry gun permits. The Legislature has passed bills allowing such permits, but Gov. Jim Doyle has vetoed them.

Barrett continues to be an opponent of concealed carry, said his chief of staff, Patrick Curley. The mayor met with Flynn and Chisholm on the issue, but he hasn't been convinced to change his position, Curley said.

"The mayor told them, 'Today, I am against it but I am telling you keep talking to me about it,' " he said.

Barrett is pushing a more modest package of gun reforms - to make the second offense of carrying a concealed weapon a felony, require felons to stay 1,000 feet from gun stores, make it a crime not to report a stolen gun and make it a felony for someone to "straw buy" a gun, which means to purchase a gun for a felon.

Barrett still supports requiring background checks on all gun sales in Wisconsin, but the mayor has crafted a package with an eye toward getting something done, Curley said.

"What we don't want to do is to lose the chance to do anything," Curley said.

Flynn suggested other reforms including doubling the sales tax on certain guns and using the revenue to prevent gun violence. The chief also called for mandatory minimum sentences for certain gun offenses.

"It should not be a crap shoot as to whether or not they face jail time for carrying deadly weapons on the streets of Milwaukee," the chief said.

Chisholm differed with Flynn on mandatory minimums, saying there is enough exposure for criminals, especially with the option of taking gun cases into federal court.

Adam Allan, owner Badger Guns, which has been under fire by Flynn and Chisholm for its high number of crime-gun sales, also appeared at the hearing. He said he supported the proposed law changes and vowed to look for ways to avoid selling guns that end up being used by criminals.

Badger and its predecessor, Badger Outdoors, have accounted for about a third of all crime guns recovered by Milwaukee police for several years. Guns from the store were used to shoot each of the six Milwaukee police officers wounded in the past two years.

"There is a lot more that needs to be done both on our side and their side," said Allan, 27, who took over the West Milwaukee gun shop two years ago.

Flynn ordered an undercover mission after two officers were shot in the head in June with a gun bought at Badger by a straw buyer.

After the officer shooting, Allan said, he banned anyone younger than 21 from entering the store and started checking the parking lot to see if people were waiting in the car - a sign of straw buying.

Despite those changes, Milwaukee officers found felons were going freely into Badger, and some were taking shooting practice on the store's range. Allan used a large sign in front of his store to accuse Milwaukee police of being racist, saying officers were pulling over customers based on race. Flynn denied that.

Taking a suggestion from Flynn, Allan said he now is checking criminal histories of anyone using his range and requiring them to sign an affidavit swearing they are not a felon. That list will be open to law enforcement, he said.

He also said he randomly would check criminal histories of people coming into his store - reviving a practice by the former owner, Mick Beatovic. But Allan accused Beatovic of using race as a reason to check someone's background.

Allan said his shop had been used as a scapegoat by police and the media.

"Chief Flynn has aggressively attacked Badger Guns in recent weeks with help of the Milwaukee Journal Sentinel," Allan said. "An awful lot of what he has said is incorrect."

Allan said his employees do a lot to prevent illegal sales. Flynn said Allan should talk to other gun shops that don't sell as many crime guns to figure out how they do it.

Allan said he has run Badger Guns since November 2007. Allan is the son of one of the former owners and worked at that store, Badger Outdoors, for years.

Allan said one reason he sells so many guns that end up being used by criminals is that he is so close to Milwaukee.

"I just don't buy that," said Ald. Bob Donovan, noting there is another gun shop a couple of miles away that has far fewer crime-gun traces. "What I am interested in hearing is any effort on your part to change the way you do business. For whatever reason, there are a hell of a lot of illegal guns that can be traced back" to Badger.

Allan also said he would be willing to meet with Chisholm, Flynn and others to discuss sale practices at his store. Allan insisted he has never been invited to meet with the officials. However, Barrett said previously that Allan didn't show last year when he was invited to a meeting with top leaders.
 
Too tricky doing it at the local level. Wait till a new Governor's in office then pass a bill State-wide again.
 
You guys in Wisconsin have come so close to getting legal carry before. Keep trying and you'll probably be successful, without giving away the farm. Momentum seems to be on the pro-carry side.
 
Too tricky doing it at the local level. Wait till a new Governor's in office then pass a bill State-wide again.

I doubt they're talking about state level. Besides, with Wisconsin having a state pre-emption law, it couldn't be done locally anyway.

What they're asking for, though, is too much. I could see making a second CCW offense a felony or background checks on private gun purchases in exchange for shall-issue, but even then it would have to be one hell of a good shall-issue bill.
 
You guys in Wisconsin have come so close to getting legal carry before. Keep trying and you'll probably be successful, without giving away the farm. Momentum seems to be on the pro-carry side.

I agree. Personally, I have problems with unlicensed concealed ever being considered a criminal offense, since I believe it to be reasonable conduct contemplated by the Second Amendment. But, I know that this view does not hold sway among others.

Nonetheless, it's worth fighting for a law that recognizes extensive rights and carries the presumption that, absent extraordinary factors, the permit should be issued. Given the history of these two characters, this is simply a ploy--I'm sure that they will only support a measure that would leave nearly everyone unarmed.
 
Looks to me that they are rabid anti-gunners that are trying to appease pro-gun people by instituting an impossible-to-get may-issue license in exchange for a whole host of anti-gun laws...
 
Looks to me that they are rabid anti-gunners that are trying to appease pro-gun people by instituting an impossible-to-get may-issue license in exchange for a whole host of anti-gun laws...

I don't think these two are so naive as to think they can get something for nothing.

I wonder how much back room talking has been going on between Milwaukee politicians and pro-gun legislators. This has the look of a trial balloon.
 
Exactly.

Appearing before a Common Council Public Safety Committee hearing, Chisholm and Flynn said that, if concealed carry were allowed, there should be a tough permit process and anyone caught carrying a concealed gun without a permit would face a felony.

Meaning nobody will get a permit.
 
require felons to stay 1,000 feet from gun stores
Are they kidding? Felons aren't allowed to walk down the sidewalk or drive down the road? Can you imagine being a felon and trying to figure out how to get around town without breaking this?
 
I don't trust the mayor, chief of police or governor as far as I can throw them. They are rabid anti-gun and would love nothing more than to see every gun, even those owed by law abiding citizens, melted down for scrap.

Personally, I can't wait for the day governor Doyle is gone. Anyone could do a better job than that ultra liberal. He's running Wisconsin into the ground.
 
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