Soon-to-be Conceal Carry Law Triggers Historic Discussion

Wisconsin will take a step away from its decades long tradition of criminalizing anyone carrying a weapon starting Nov. 1 as the carry conceal legislation goes into effect.

Under previous Wisconsin law, in place since the 1960s, it was a crime for anyone other than a peace officer to go armed with a "concealed and dangerous weapon." Anyone found guilty of that crime faced a misdemeanor, punishable by up to 9 months in jail.

For a conviction, a prosecutor would only need to show three things:

1. That someone was carrying an object;
2. That the object was a dangerous weapon;
3. That the dangerous weapon was concealed.

Although the courts fashioned an exception to criminal liability for people who could show a genuine need for self-defense, the criminal statute had been read against defendants in nearly every way possible.

With regard to whether an object was a "dangerous weapon," the statutes left things very wide open, including objects such as brass knuckles, pellet guns, tazers, certain knives, rubber tubing, rope, or other objects that could kill or severely injure someone. Under the proper circumstances, anyone with anything dangerous in their pocket at all could, hypothetically, have had a "dangerous weapon."

Some citizens tried to comply with the law by distancing themselves from these weapons. Rather than carrying the weapon, these people kept their protection nearby.

The courts began to convict these people as well — including within the definition of "carrying" any place within reach. Defendants were convicted of carrying weapons if they had a weapon anywhere within the driver's compartment of the vehicle — even in a locked glove compartment, even in the back seat and out of reach.

So, rather than face criminal conviction for carrying concealed weapons, some people took to an open carry of weapons. Drivers who openly left weapons in a vehicle for all to see were still convicted. According to the courts, a handgun on the seat of a car was outside of ordinary observation and still "concealed" within the statute.

Others openly and visibly walked around with a gun holstered for all to see. While these people were not convicted of carrying a concealed weapon, they were cited with and convicted of disorderly conduct so frequently that the Wisconsin attorney general finally issued an advisory memorandum that the open carry of legal weapons in Wisconsin was not disorderly conduct, nor otherwise illegal.

Further, the old law left itself unclear as to whether someone could be charged with carrying a concealed weapon on their own land, in their own business or in their own home.

And yet, even under the old law, Wisconsin citizens were told they had the right to defend themselves.

Wisconsin has explicitly stated that you have the right to use force against another, if you reasonably believe you must, in order to prevent a personal attack. This privilege of self-defense extends to protecting others, if you reasonably believe that the others need protection. Further, you are privileged to use deadly force if you reasonably believe that it is necessary to avoid death or severe bodily injury.

In less than a month, Wisconsin will join 48 other states in allowing for the concealed carry of weapons. The new concealed weapon law allows for citizens to .

The enacted law will be taking precautions to ensure that only responsible and trustworthy citizens over the age of 21 will have the privilege of carrying firearms.

Those who the state considers potentially dangerous will have no more right to carry weapons than they had under the old law.

Beginning on Nov. 1, the Department of Justice will begin accepting applications for permits. If an applicant pays a fee for a background check, the department shall issue a permit for all applicants that pass the requirements — including the background check and approved safety course.

The license is good for five years, but it may be suspended or revoked with cause. Such cause includes bail conditions, conviction of a felony, a court-ordered injunction or the like. If an individual believes they have a specific and immediate need for concealed carry protection, that person may petition a court for a 30-day emergency license. 

In addition to firearms, the concealed weapon permit will allow for individuals to carry electronic weapons with them as well.

Further, the new law clearly allows home and property owners to carry weapons on their own property, and business owners to do so in their own businesses. So, yes, random strangers may now be carrying around firearms or tazers — but these are the responsible citizens, interested in defense of themselves and others, and they have been both screened and trained.

For the first time in fifty years, responsible and trustworthy Wisconsin citizens have the right to carry weapons to defend themselves, even if they've always had the right to use them to do so.