WI: budget committee approves concealed weapons bill

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From http://www.startribune.com/stories/568/4167057.html (free reg required)

Wis. budget committee approves concealed weapons bill
The Associated Press

Published October 22, 2003



MADISON, Wis. - Wisconsin residents who qualify for a permit could carry concealed weapons under a bill a legislative committee approved, moving the state one step closer to overturning its 130-year-old ban.

The Joint Finance Committee voted 13-3 late Tuesday to approve the legislation after debating 55 amendments. Lawmakers approved 23 of those amendments, including those that would not allow concealed weapons in churches, domestic violence shelters, hospitals and university campuses.

Sen. David Zien, R-Eau Claire, one of the bill's co-authors, was unhappy with the changes, saying they would make Wisconsin's concealed carry law one of the nation's most restrictive.

"We've watered it down way too much," he said. "This wasn't consensus; this was compromise."

The Senate is expected to take up the bill Thursday. It has to be approved by both houses of the Legislature and signed by Gov. Jim Doyle to become law.

Sen. Gwendolynne Moore, D-Milwaukee, called the bill "Swiss cheese" and "Helter Skelter" because Republicans offered so many amendments to clean up language and clarify restrictions in the bill.

Moore, who offered dozens of changes herself, said it lacked proper safeguards to ensure the wrong people are prevented from receiving a concealed weapons license. She said it jeopardized the public.

"People are going to be looking for someone to blame when one of these guns is used and someone gets killed," Moore said.

But Sen. Scott Fitzgerald, R-Juneau, said the amendments were part of a painful process of creating a system from scratch that would allow Wisconsin residents to carry concealed weapons. He said the amendments were carefully thought out and would preserve the legislation's main goal - public safety.

"Criminals have guns. They're out there. They're everywhere," Fitzgerald said. "We're trying to create a system for law-abiding citizens to protect themselves."

The Department of Justice expects 35,000 people to apply for a permit in the first year after the bill would take effect.

Under the bill, sheriffs in participating counties would be required to issue permits to carry concealed weapons to applicants who meet a series of requirements. Applicants must be at least 21, a Wisconsin resident, and have completed an approved firearm training or safety course.

Counties can elect not to issue the permits; residents in those counties would need to go to another sheriff to obtain a permit.

Applicants would be subject to background checks and could be denied a license if they were convicted of a violent crime or other specified offenses. Those who have been found mentally incompetent or chemically dependent also would not be allowed to carry a concealed weapon.

The legislation would let those with concealed carry licenses from other states carry their weapons here. The committee approved an amendment Tuesday allowing only out-of-state residents at least 21 years old who complete similar background checks and training to carry weapons here.

Wisconsin is one of four states without a law allowing residents with permits to carry concealed weapons; Colorado, New Mexico and Minnesota have enacted concealed carry laws this year.

Rep. Mark Pocan, D-Madison, said the bill had meaningless requirements for the licenses. He asked why Wisconsin would want to allow someone from another state with weaker standards to carry a gun here.

"If we're going to have people carrying guns in Wisconsin like cell phones, there should be some stringent standards," Pocan said.

Rep. Mike Huebsch, R-West Salem, complained Democrats were distorting the debate by making it sound as though everyone applying for a concealed carry permit will be a 300-pound ex-con with a score to settle. He said those applying for the licenses would be those "looking to protect themselves, their property and their families."

"These individuals have no other purpose in mind than protecting their families," he said.

People who get a license would generally not be allowed to carry a concealed weapon where it is prohibited by federal law or in airports, taverns, schools, police stations, jails and courthouses.

The committee also voted not to allow concealed weapons in: colleges, universities and technical colleges, including dormitories; hospitals and health care facilities, such as nursing homes and abortion clinics; domestic violence shelters; and churches, synagogues and other places of worship.

Licenses would cost $75, or the cost incurred by the sheriff's department to issue the permit, whichever is less. Applicants also would have to pay $38 in other fees. Some of that money would be remitted to the state. Because the bill affects state finances, the Joint Finance Committee has to approve it.

Homeowners and businesses would be allowed to bar concealed weapons on their property. Businesses would have to post a sign at least 11 inches square near the entrance of the building. Homeowners would have to personally and orally notify individuals entering the residence of the prohibition.

Employers could also prohibit employees with licenses from carrying concealed weapons at their job, but they could not ban them from having them in the business parking lot.

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Madison writer Jenny Price contributed to this story.
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The bill is SB 214.


Sidebar article:
http://www.startribune.com/stories/568/4167664.html

Details of the concealed carry bill
By The Associated Press, The Associated Press

Published October 22, 2003


Here's a look at some provisions of a bill that would end the state's 130-year-old ban on concealed weapons that the Joint Finance Committee passed Tuesday:
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-Sheriffs in participating counties would be required to issue permits to those who qualify. Counties can elect not to issue the permits; residents in those counties would have to go to another sheriff to get the permit.

-A county could avoid the requirement for issuing licenses to qualified applicants if within the first four months after the legislation is enacted the county approves a sheriff's request allowing him or her to decline issuing a license by a two-thirds vote.

-Applicants must be state residents at least 21 years old. They have to successfully complete an approved firearm training or safety course.

-Applicants are subject to a background check. They cannot qualify if they have been convicted of a violent crime or other specified offenses.

-Background checks would be performed by the Justice Department at the request of a sheriff.

-Applicants cannot have been found mentally incompetent, been committed to a mental institution or found chemically dependent to qualify.

-Applicants would pay $75 for the license or the costs incurred by the sheriff in approving the license, whichever is less. They also would have to pay an additional $38 in fees.

-Those with concealed carry licenses from other states could carry the weapons here if they are at least 21 years old and complete similar background checks and training to what is required in Wisconsin for state residents to carry weapons here.

-The license would generally not allow holders to carry concealed weapons where it is prohibited by federal law or in airports, taverns, schools, police stations, jails and courthouses.

-License holders also would be prohibited from carrying concealed weapons into: colleges, universities and technical colleges, including dormitories; domestic abuse shelters; hospitals and health care facilities, such as nursing homes and abortion clinics; and churches, synagogues and other places of worship.

-Homeowners and businesses would be allowed to bar concealed weapons on their property. Businesses would have to post a sign at least 11 inches square near the entrance of the building. They also would have to personally and orally notify individuals entering the residence of the prohibition.

-Those with permits and out-of-state licensees could not knowingly carry a concealed weapon into a building used to provide child care services, though the facility could elect to opt out of the exemption.

-Those carrying a concealed weapon with a blood alcohol level of 0.08 or higher would be subject to a fine of up to $1,000 and 90 days in jail. The current penalty of anyone carrying a weapon while under the influence is subject to up to nine months in jail and $10,000 in fines.

-Employers could also prohibit employees with licenses from carrying concealed weapons in the course of their job, but they could not ban them from having them in the business parking lot.

-Applicants could obtain emergency licenses if they qualify because they feel threatened with death or great bodily harm by someone else. Those licenses would be valid for 120 days, and a sheriff could waive the fees for the license.

-Municipalities would have to notify the state Department of Justice of anyone who has been disqualified from obtaining a license, even if those people have not applied for one.

-The names of those obtaining a license would not be subject to the state's Open Records Law.

-Concealed weapons would be defined as a handgun, electric weapon, a tear gas gun, a knife other than a switchblade or a billy club.

Source: Legislative Fiscal Bureau.
 
Municipalities would have to notify the state Department of Justice of anyone who has been disqualified from obtaining a license, even if those people have not applied for one.

Can anyone translate this for me?
 
Municipalities would have to notify the state Department of Justice of anyone who has been disqualified from obtaining a license, even if those people have not applied for one.
Can anyone translate this for me?

Sounds like the WI DOJ will keep a list of all citizens who are not eligible for a license. So every time some gomer beats his wife, his name goes into the database, regardless of whether he's applied.

Seems like a lot of work to me. Sounds like it's an amendment to make the bill cost prohibitive.
 
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