Thursday, July 14, 2011

Wisconsin's Unconstitutional CCW Law

The new Wisconsin CCW Law (1) and related legislation violates my constitutional (Article-I, Section-25, The Constitution of Wisconsin) in a variety of ways, of which the following are only some of those limits.
A. I cannot step off my property (2) without being within 1000-feet of a school and, therefore, am restricted from bearing arms on a capricious and arbitrary basis. The density of schools in my and other urban areas makes the exercise of that rule impossible in practicable terms and discriminates against me and others because we are urban dwellers.
(This is also against the public policy which supports the conservation of gasoline; I note hat I purchased my home before the "1000-foot rule" was placed into law.)
B. Declaring rifles and shotguns, for the purposes of this act, as "not guns" is a violation against reason, is arbitrary-and-capricious, and is unenforceable
C. That CCW law requires me to pay a fee to exercise a constitutional right. As the charging of such fees (eg "Poll Taxes") are, by extension of the Twenty-Fourth Amendment to the US Constitution and relevant court decisions (3) are patently unconstitutional.
D. The requirement for "training" may be an equal, parallel, violation of law as: Most such training programs assess a fee/charge; And, if any written test is required, a violation of equal rights parallel to those mis-used by some jurisdictions to limit voting (4).
E. As I (And many others) have physical problems limiting my (Our) ability to walk
down-and-up steps (eg At gun shops where "training" is often given) or for extended distances (eg At out-of-door gun-clubs/ranges offering like training), the imposition a training requirement may be a violation of the "Americans With Disabilities Act" (5) and may expose the State of Wisconsin to damages for enforcing that provision.
F. Charging a fee for a "fingerprint/record check" is parallel to the those noted above; This especially in light of the fact that purchasing a firearm already requires a fee-based check (Which I recently paid in the process of buying a firearm) and that the permit-issuing authority (Or any law enforcement agency can easily use existing electronic resources to check for prior felony convictions, current court orders which might limit CCW or like pending cases.(Also, a simple, but sworn-to, statement that there are no legal bars to CCW would legally suffice as the penalties for "False Swearing" are severe.)
G.. The conversion of local public libraries (Apparently already done) and public university grounds-and-buildings into "gun fee zones" makes them into "free fire zones" for criminals and "crazies" which: Provides those anti-social persons with unequal protection of the laws above those of other citizens; And, most certainly, should not be public policy (6).
I. Finally, there is nothing in Article-I, Section-25 which allows the Legislature (Or, the Courts) to put limits on the right to bear arms for the lawful purposes contained in that Amendment (7).

I also note the following:
I. I most certainly hope that the Legislature had the foresight to include some clause in the noted legislation which would prevent the entire Act from being declared unconstitutional if one-or-more parts-or-sections of it are so ruled.
II. If not, the Legislature must pass corrective legislation in the immediate future.
III. If, and only if, any CCW permit is required, there is no rational reason for it to cost more than the ID-card now issued by Wisconsin's Department of Transportation; An agency which is set-up to issue such cards and should be delegated that job (The CCW card to show citizenship and "double" as a voter-ID card and general ID as is the current DOT card).
IV. Is the State of Wisconsin willing to throw away money defending that unconstitutional Act?

(1) http (colon)//legis (dot)wisconsin (dot) gov/publications/im/M2011_pdf
(2) Post: Curtilage--So You Do Not Have To Look It Up
(3) http (colon) en (dot)wikipedia(dot)org/wiki/Twenty-fourth_Amendment-to-the_United_States-Constitution
(4) http(colon)en(dot)en(dot)wikipedia(dot)org/wiki/Literacy_test
(5) http(colon)//www(dot)ada(dot)gov
(6) Post: Why Did So Many Students Die?
(7) Wisconsin Constitution Article I, Section 25
"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

No comments: