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View Full Version : Federal Lawsuit over Wisconsin's 1000' School Zone Gun Ban


Liberty1
01-10-2010, 7:00 AM
Wisconsin only allows Unlicensed Open Carry (there is no Concealed License available in WI) and there is NO exemption for self defense carry in a GFSZ. This may be the perfect venue to challenge this in Federal Court. I don't know if they've coordinated with Gura et all...

Here is the story:

http://gazettextra.com/weblogs/latest-news/2010/jan/08/gun-group-sues-over-school-zone-restrictions/

A gun rights group has sued the state and two cities over enforcement of Wisconsin’s law against carrying firearms within 1,000 feet of a school.

The lawsuit, filed in federal court in Milwaukee Friday (http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf), claims that "Wisconsin’s Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state." It calls the law "an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges."

The lawsuit was filed by Wisconsin Carry, Inc (http://www.wisconsincarry.org/)., David Bernson of Milwaukee and Frank Hannan Rock of Racine. It names as defendants Gov. Jim Doyle, the city of Milwaukee and one of its police officers, and the city of Racine and two Racine officers. It seeks to have the law declared unconstitutional and damages for the two men over their arrests and confiscation of guns.

Lone_Gunman
01-10-2010, 7:47 AM
This is great. The momentum just keeps building. I hope they have or are willing to coordinate with the Gura gang and/or the CGF.

Quiet
01-10-2010, 7:54 AM
http://i255.photobucket.com/albums/hh124/cozmo_g/The-Simpsons---Mr-Burns-Excellent--.jpg

GrizzlyGuy
01-10-2010, 7:59 AM
Wisconsin only allows Unlicensed Open Carry (there is no Concealed License available in WI) and there is NO exemption for self defense carry in a GFSZ. This may be the perfect venue to challenge this in Federal Court. I don't know if they've coordinated with Gura et all...

There is also no self-defense exemption in the federal GFSZ law (http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones#Law). If these guys prevail in federal court, that would provide additional ammo for a challenge to the constitutionality of the federal law.

Note also that per the lawsuit (fact #38/count 1 #53), the Racine County DA said that police would have the authority to arrest people for having firearms at their own home if they live in a school zone. :mad:

paul0660
01-10-2010, 8:02 AM
This will be worth more than a dozen UOC coffee klatches.

Window_Seat
01-10-2010, 9:05 AM
This could be the beginning of the end of:

http://www.moonbattery.com/gun_free_zone.jpg
:cool::cool::cool::cool::cool:

glockwise2000
01-10-2010, 9:08 AM
:popcorn:

Gray Peterson
01-10-2010, 11:49 AM
Wisconsin only allows Unlicensed Open Carry (there is no Concealed License available in WI) and there is NO exemption for self defense carry in a GFSZ. This may be the perfect venue to challenge this in Federal Court. I don't know if they've coordinated with Gura et all...

Here is the story:

http://gazettextra.com/weblogs/latest-news/2010/jan/08/gun-group-sues-over-school-zone-restrictions/

Don't really need to per se, and here's why.

United States v. Skoien (http://www.ca7.uscourts.gov/tmp/U81FFIDW.pdf)

From that case:

This leaves either strict scrutiny or some form
of “intermediate” review. On the facts of this case, we
hold that intermediate scrutiny applies. In its usual
formulation, this standard of review requires the government
to establish that the challenged statute serves
an important governmental interest and the means it
employs are substantially related to the achievement of
that interest.
Skoien was convicted in state court of misdemeanor
domestic battery and was placed on probation. About a
year later his probation agent found a hunting shotgun
in a truck parked outside his home. Skoien admitted he
had gone deer hunting that morning and used the shotgun
to kill a deer. He argued below and maintains here
that prosecuting him under § 922(g)(9) for possessing the
shotgun violates his Second Amendment right to bear
arms for hunting. He has not, however, asserted a right
to possess the gun for self-defense.
As such, the government’s application of § 922(g)(9) in
this case requires less rigorous justification than strict
scrutiny because the core right of self-defense identified
in Heller is not implicated.Applying intermediate
scrutiny, we ask whether the government has established
that the statute is substantially related to an important
governmental interest.

The entire decision is essentially purely Diane Sykes. Sykes was one of the more openly pro-self defense members of the Wisconsin Supreme Court before she was put on the 7th Circuit Court of Appeals. This essentially means that for self defense purposes, strict scrutiny applies. A lot of us on this forum have more "legal experts" and "gun and self defense law subject matter experts" understand what that means, and how much Illinois and Wisconsin are totally SCREWED when McDonald comes down the pike.

There are also no standing issues here with this litigation: Both Frank Hannon-Rock and David Bernson were both arrested and both had tremendous negative consequences against them being threatened over the state's GFSZA. You throw in "This is for self defense and therefor requires strict scrutiny" and the state GFSZA will fall. Most of the anti-gunners clustered around Chicago don't know about Skoien because it's a federal gun prosecution.

John Monroe is an excellent attorney on this issue. He is also MY attorney as well on an issue that all of you will find out about soon.....

:31:

ke6guj
01-10-2010, 12:44 PM
John Monroe is an excellent attorney on this issue. He is also MY attorney as well on an issue that all of you will find out about soon.....

:31:

I always love seeing these little nuggets of future fun mentioned like that:cool2:

tombinghamthegreat
01-10-2010, 2:23 PM
Could this be the begining of the end of the school zones?

bigcalidave
01-10-2010, 6:31 PM
Muahahahahahahaahahh evil laugh...

Theseus
01-10-2010, 7:47 PM
I have long feared that my thoughts would come back to haunt me. . . this has been one of my first thoughts in attacking 626.9 . . . it provides no self-defense exemption unless you have a restraining order.

And when they seek to increase it to another arbitrary number. . . well. . .

hoffmang
01-10-2010, 8:09 PM
But one of the keys is that this is being attacked not in the 9th Circuit. There are some cases that are good to bring here and some that should be brought elsewhere and re-imported. I look forward to importing this assuming they prevail.

-Gene

AndrewMendez
01-10-2010, 9:50 PM
wisconsinguns.net??? I wonder why they haven't tried to band together.

CCWFacts
01-10-2010, 10:24 PM
wisconsinguns.net??? I wonder why they haven't tried to band together.

California seems a lot more organized than any of the other non-free states, something which gives me hope.

wildhawker
01-10-2010, 10:35 PM
California seems a lot more organized than any of the other non-free states, something which gives me hope.

California (through Calguns.net and byproducts thereof) is more organized than most, if not all, of the *free* states as well.

GaryV
01-10-2010, 10:44 PM
California (through Calguns.net and byproducts thereof) is more organized than most, if not all, of the *free* states as well.

That's even more true, because in the free states, most don't feel a need to organize.

nick
01-10-2010, 10:58 PM
That's even more true, because in the free states, most don't feel a need to organize.

Which isn't the same as saying that they don't need to organize. They just live in the happy bliss of "this cannot happen here".

Liberty1
01-10-2010, 11:25 PM
http://opencarry.mywowbb.com/forum66/36341.html

For immediate release:

On January 8th 2010 Wisconsin Carry, Inc. filed a lawsuit in Federal Court to challenge the constitutionality of Wisconsin's onerous Gun Free School Zone Act.

Wisconsin's Gun Free School Zone Act (GFSZA), which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The Federal GFSZA was struck down as unconstitutional in 1995. Wisconsin's GFSZA remains.

In 1998 79% of the voters in the great state of Wisconsin voted Article 1 Section 25 into our state constitution. "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose". The Constitutions of the United States and Wisconsin guarantee the right of individuals to keep and bear arms; and as the United States Supreme Court held in the DC gun ban case, DC v. Heller, "bear" means "carry." Wisconsin’s Gun Free School Zone Act covers such a broad area that it practically forecloses a meaningful right to keep and bear arms in large parts of the state. It is an onerous restriction that has the potential to ensnare thousands of law-abiding citizens exercising their constitutionally guaranteed rights and expose them to felony charges. Wisconsin's GFSZ Act places someone who was innocently walking their dog around their subdivision at night while armed in danger of felony charges if they should happen to cross these invisible school zones which extend nearly a quarter mile out from the edge of school property and many properties that are not identified as schools!

More than 2000 people have signed our online petition calling on the Governor and Legislature to repeal this law. http://www.petitiononline.com/wi1848oc/petition.html

Wisconsin Carry is a non-profit corporation dedicated to the preservation and reclamation of the basic rights critical to a free society. Our membership believes in the founding principles of our country and our constitution: That all are created equal, that governments exist to protect the rights of individuals, and that governments derive their power from the consent of the governed. Our mission is to preserve, advance and expand these basic rights which law-abiding citizens are entitled to have a practical ability to exercise.

A copy of the Federal Lawsuit can be viewed at:
http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf

Wisconsin Carry, Inc.'s Website is http://www.wisconsincarry.org

Membership forms are available here: http://www.wisconsincarry.org/pdf/MembershipApplication.pdf

pullnshoot25
01-11-2010, 12:52 AM
Go get 'em!

VegasND
01-11-2010, 4:42 AM
Which isn't the same as saying that they don't need to organize. They just live in the happy bliss of "this cannot happen here".
Unfortunate Truth. I've spoken to people on gun fora in NV and AZ about proactive organization. They just don't feel that it's necessary. The "that only happens in (insert name of state, but it's usually CA )" attitude is strong.

Fjold
01-11-2010, 5:57 AM
wisconsinguns.net??? I wonder why they haven't tried to band together.

Because Wisguns.net sounds funny.

yellowfin
01-11-2010, 7:07 AM
We're building up NYShooters.net for New York right now. I can tell you it's sure not easy. NYS has its own nasty debilitating flavor of battered gun owner syndrome that we've gotta overcome.

7x57
01-11-2010, 8:48 AM
We're building up NYShooters.net for New York right now. I can tell you it's sure not easy. NYS has its own nasty debilitating flavor of battered gun owner syndrome that we've gotta overcome.

Yeah, that's a good phrase--"battered gun owner." I'll add it to "battered conservative."

Dustin

Theseus
01-11-2010, 9:49 AM
We're building up NYShooters.net for New York right now. I can tell you it's sure not easy. NYS has its own nasty debilitating flavor of battered gun owner syndrome that we've gotta overcome.

I wonder if you could get handicapped license plates for that?

Gray Peterson
01-31-2010, 1:30 PM
But one of the keys is that this is being attacked not in the 9th Circuit. There are some cases that are good to bring here and some that should be brought elsewhere and re-imported. I look forward to importing this assuming they prevail.

-Gene

:43:

obeygiant
01-31-2010, 10:00 PM
We're building up NYShooters.net for New York right now. I can tell you it's sure not easy. NYS has its own nasty debilitating flavor of battered gun owner syndrome that we've gotta overcome.

just signed up.

dantodd
01-31-2010, 10:17 PM
The entire decision is essentially purely Diane Sykes. Sykes was one of the more openly pro-self defense members of the Wisconsin Supreme Court before she was put on the 7th Circuit Court of Appeals.

Possibly two Sykes pivotal to Gun Rights?