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Democrats Target Open Carry, Seek to Repeal Preemption
April 30, 2009
The National Rifle Association - Institute for Legislative Action is reporting that Wisconsin Governor Jim Doyle could introduce legislation soon to repeal the state's 1995 preemption law.
If successful, local ordances against open carry could be enforced against gun owners. Open carry is legal in Wisconsin, and recent recent cases involving police harassment of law-abiding gun owners has shifted the pendelum in favor of a renewed push for exercising the right to be armed.
Preemption means that no local or city ordinance can be stricter than state llaw. In the case of open carry, preemption prevents cities like Milwaukee or Madison from being able to enforce city bans on open carry of firearms.
That fact hasn't stopped city police from prosecuting people who carry openly, as gun owners like Jesus Gonzalez and Brad Krause learned. But it does mean there is no legal ground for conviction.
"If Doyle succeeds in repealing preemption, it would bring Wisconsin into the dark days of draconian gun laws," the NRA-ILA report said. "Cities, counties, and municipalities cannot be allowed to pass ordinances, rules, or regulations more stringent than state law. This leads to a patchwork of laws across the state, which can be confusing for residents and non-residents visiting the state. It can also make criminals out of law-abiding citizens who inadvertently run afoul of a local ordinance."
But there's another side to the preemption debate that WGO Director Corey Graff says is not being considered. "Preemption is a good temporary fix, to keep local ordinances from being used against gun owners," he said. "The problem with preemption is that it makes gun owners complacent — they no longer pay attention to those local laws, and then suddenly if preemption is repealed they again have to deal with those localised restrictions that have probably been expanded."
Graff said WGO would instead work to repeal local anti-gun laws, rather than pass more laws circumventing them.
"Preemption is akin to slapping a Band-Aid on cancer," Graff said. "We need to start dealing with the cancer."
Anti-Open Carry Legislation Coming...
Ex-police officer turned State Politician Leon Young (D) — who recently introduced a bill (AB221) to microstamp ammunition — is said to be planning legislation to ban open carry.
Such legislation would affect not just self-defense advocates, but several hundred thousand gun deer, waterfowl and upland game bird hunters who take to the field each hunting season with loaded guns carried openly.
Wisconsin Gun Owners, Inc.(WGO) is monitoring this situation closely. Check WGO's Bill Watch page for updates.
If you're tired of the broken system of compromise and access — a system which has netted gun owners only more gun control — we urge you to Join Wisconsin Gun Owners, Inc. today!
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