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midwestfr
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Post subject: WISCONSIN CARRY PERMITS Posted: Fri 26 Dec 2008 19:13 |
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Wisconsin statutes are very strict on who can carry concealed. Until recently, only LE could carry concealed. PI's and security could carry as long as it wasn't concealed and they passed a 36 hour proficiency training course. A retired WI Fire Marshall applied and got a CC permit this past June. The state offered permits to 50 former employees to which 14 accepted. They had to be retired for 15 years, left in good standing, no criminal ban on firearm possession, and pass the required 36 hour course. I'd like to know how the state can offer that to it's former employees, but the average citizen can't obtain one. I'm a former deputy that got marksman scores on all my qualifying and re qualifying tests. I also have a CC permit issued in Minnesota. If I were to apply, they wouldn't even consider it! I'm not sure if it's a good thing, or bad. Maybe WI will eventually change their mind on CC permits for citizens. Or it just might remain a "perk" for working for the state. I'd like to hear your thoughts.
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SpanielPI
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Fri 26 Dec 2008 19:37 |
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in memoriam |
Joined: Thu 16 Jun 2005 16:04 Posts: 4598 Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
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I am not an attorney, so, as always, consult with your attorney before initiating any kind of legal action.
Some possible steps to consider:
1) Apply for a permit, even though you will be denied. You have to have an "injury" before you can file a complaint.
2) Consult with your attorney, file a discrimination lawsuit, citing the above ccw's issued, demanding a full explanation as to why you are being denied. Include in that lawsuit that a ccw permit be issued to you immediately. Your attorney can use the recent Washington D.C. case as support for your right to be issued a ccw, even though, as I understand it, the D.C case was about home ownership, not concealed carry. Other possibilities:
1) If you cannot afford an attorney, contact the NRA and the ACLU. They often take on these cases pro bono.
2) Don't conduct yourself unprofessionally at any time, lose your temper, or in any other way hurt your case by being immature, foolish, or childish.
Remember, you may be setting a precedent for your entire state.
_________________ River City Associates Decatur, Al. 35601
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RCrew
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Fri 26 Dec 2008 21:48 |
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Senior Poster |
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Joined: Fri 08 Oct 2004 15:48 Posts: 294 Location: California
FRN Agency ID #: 567
Experience: More than 10 years
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It sounds to me like they were issued their permits under federal law HR 218 (Law Enforcement Safety Act of 2004). This is also called the National Concealed Carry for Cops Law. This was signed into law by President Bush in 2004. While most of it has to do with currently employed LEOs, Section 3 of the Act states:
----------------- `(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--
`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;
`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;
`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
`(7) is not prohibited by Federal law from receiving a firearm.
---------------------
That would lead me to the assumption that the individuals that were offered the permit were retired state investigators or LEOS. As the law states, it exempts those individuals from state and local laws pertaining to carrying concealed weapons. It essentially alows those individuals to carry concealed anywhere in the US or it's territories. As a retired federal investigator for the Army, I have my HR 218 concealed carry permit.
_________________ Randall Crew Randall Crew & Associates 641-289-0136
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AndyL
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Fri 26 Dec 2008 22:00 |
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Looks to me like Wisconsin is playing the same old game of follow the leader of the Peoples Republic of Illinois, just like it always has. Im just glad Wisconsin is out of the way to the north and not right next door. I have no reason to go there. I have to travel through the "PRIL" once in a while. I feel sorry for you. I couldnt stand living in a communist state that denies me my rights. The right of the people to keep and bear arms shall not be infringed. Says nothing about retired cops or firemen....
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Kathy
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Fri 26 Dec 2008 23:58 |
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in memoriam |
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Joined: Tue 24 May 2005 14:46 Posts: 3334 Location: Colorado
FRN Agency ID #: 324
Experience: 5 - 7 years
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Pretty much we are stuck with a president elect from a known corrupt state, with known corrupt ties, so good luck in supporting your issues, or getting anything changed. Scott Olsen may have some insight into working in IL, IF we can get him to check in and offer his expertise.
I have have had some success in WI, in that while they don't recognize commercial bail, if you approach the local LE and court in charge correctly, they don't necessarily negate the rights of agents from other states removing "undesirables" from their state, as long as the agents are professional and have all their paperwork in order.
That is pretty much a given in any state, but more questioned in no-bond states. We all have to do our research on apprehension and transport laws in every state we travel to and through. Document every person that you talk to, and every move you make. That may be your only defense in court if your apprension is questioned either civally or criminally. Most every violation of a law requires that a person has done their due dilligence, and that an average person would do the same. Do your research, work within your state laws, or within those in the state(s) that you want to work in ortravel through. NEVER leave yourself open to a civil lawsuit or criminal charges.
_________________ Kathy Blackshear Blackshear Investigations Blackshear Bail Bonds Sales Associate, Prepaid Legal Services, Inc. Walsenburg, CO
Proud Member of the AB Reject Club
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tsuggs
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Sat 27 Dec 2008 13:00 |
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Joined: Thu 09 Mar 2006 14:51 Posts: 3344
FRN Agency ID #: 3904
Experience: More than 10 years
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Growing up in Milwaukee, I recall many stories of "off duty" MPD officers being arrested for carrying weapons while off duty. The then chief, Harold Brier, notified every LE agency in the state that his officers were never off duty! So keep their hands off them.
Eventually it was modified that they could not or should not carry while drinking in public. Don't know where that all stands now.
I do know that the State is one of the toughest, if not impossible to get a CCW. The only way I think the average guy or gal will be able to get one, is to pass a statewide referendum like Michigan did a couple of years ago.
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DSI
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Sat 27 Dec 2008 18:25 |
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Joined: Fri 28 Mar 2008 04:55 Posts: 1269 Location: Maryland, Delaware, & Virginia
FRN Agency ID #: 1988
Experience: More than 10 years
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The District of Columbia does not issue CCW Permits. The issues that the court ruled on was the right to own a firearm and have in your home only. It over turned two city laws from 1976 & 1978. If you are found carrying a weapon in the District of Columbia and you are not a law enforcement officer you will be arrested and charged as a felon. Now if you are covered under HR-218 as a retired LEO you are good to carry.
_________________ Domestic Security Investigations P.O. Box 4462 Rockville, MD 20849 Tel: 1-800-387-0787 Anti-Moral Majority Club President "Fear not the unknown, Fear the person who controls the unknown" Gene 7:14
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AndyL
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Post subject: Re: WISCONSIN CARRY PERMITS Posted: Sun 28 Dec 2008 02:55 |
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The only way you can get anything done about it is through legislature. And I doubt seriously as liberal as WI is, that will ever happen. Given the current admin that is coming into the whitehouse, we may not have CCW anywhere soon.
I cant imagine living in one of these states that restricts my rights that badly. Couple the overbearing gun laws with the elimination of bail and its my worst nightmare. Its bad enough living next to the PRIL, I cant imagine living in it, or WI, for that matter.
Best wishes.
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