Wisconsin Supreme Court strikes down Madison Metro Transits ban of carry on buses.
In January of 2014 Wisconsin Carry Inc. filed a lawsuit against the City of Madison, WI.
See original press release here: /news/madison-metro-lawsuit-filed.aspx
In that lawsuit, WCI maintains Madison Metro Transit's ban of guns on city buses violates the state's preemption statute (66.0409) which, in order to maintain uniform gun laws across the state, prohibits political subdivisions of the state (municipalities, counties, towns, villages, cites, etc) from passing gun laws stricter than state laws.
After a Dane County Circuit Court and the Court of Appeals ruled against WCI, the case was appealed to the Wisconsin Supreme Court. The Wisconsin Supreme Court agreed to hear this landmark case. Oral arguments took place in September of 2016. The State Department of Justice under pro-freedom Attorney General Brad Schimel filed an amicus brief in the case supporting Wisconsin Carry's position.
Today the Wisconsin Supreme Court, in a 5-2 landmark decision sided with Wisconsin Carry Inc. and struck down Madison's ban on concealed or open carry on Madison Metro Transit buses.
This ruling is a victory for hundreds of thousands of law-abiding gun owners across the state of Wisconsin. The implication of this ruling will extend across the state of Wisconsin. Other cities/counties that prohibit carry on their mass transit buses are bound by this ruling as well.
This ruling also affects other situations (like the City of Milwaukee) who's Department of Public Works unlawfully bans guns on the grounds of the city's 2 public dumps. See here: /news/mke-plays-fast-and-loose-with-citizens-rights.aspx
Beyond the technical aspects of this ruling, Wisconsin Carry, Inc. believes it is imperative that municipalities abide state laws, even those they may have political opposition to.
Furthermore, the right to keep and bear arms is a right guaranteed by both our State and Federal Constitutions. For many low-income individuals living in high-crime areas, mass transit is their only mode of transportation. Madison Metro Transit's ban on lawful carry disproportionately disenfranchises low-income individuals from exercising their constitutional rights. The right to self-defense doesn't just exist for people who have their own transportation.
Individuals who rely on mass transit often begin and end their day with a ride on Madison Metro Buses. The ban on lawful carry therefore, result in those individuals being unable to have the means of self-defense, as they go about their daily lives, that Wisconsin's Act 35 has extended to the people of Wisconsin. While not part of this ruling, Wisconsin Carry calls on Madison Metro transit to also remove its ban on carry in bus shelters. Its shameful for Madison to literally leave individuals reliant on mass transit who choose to exercise their right to carry "out in the cold".
Finally, Wisconsin Carry, Inc. would like to thank Attorney John Monroe and our dues paying members, without whom, this lawsuit would not have been possible.