Law-abiding CCL holder faces felony charges for having unloaded cased gun in vehicle

May 11, 2016

The Federal Gun-Free-School-Zones law, which has never prevented a single school shooting, allows concealed carry license holders to carry on school grounds.

Wisconsin duplicated the Federal GFSZ law in the 90's while our state languished as one of the few states that denied citizens the right to concealed carry. As a result, the provision of the Federal law which allows CCL holders to carry on school grounds was not included in Wisconsin's GFSZ law.

Currently, in Wisconsin, you must stop off school grounds, draw your firearm, unload it, and place it in a case before you drive onto the school parking lot, in order to comply with state law. Failure to do so could turn an otherwise law-abiding mother, father or guardian who is innocently picking up or dropping off their kids at school, into a convicted felon.

In April of 2016, a law-abiding Wisconsin school teacher, Jarrod Kuehn, who followed the law was arrested and currently faces felony charges for having an UNloaded gun secured in the center console of his vehicle. If Mr. Kuehn was following the law and faces felony charges, ALL CCL holders should be worried about being wrongly charged with a felony. (read story here)

There are over 300,000 concealed carry license holders in the state of Wisconsin. How many more will need to be charged with felonies before the republican controlled state legislature fixes the oversight in Wisconsin's law?

In 2016, Senator Mary Lazich introduced SB589 which would allow concealed carry license holders to carry on school grounds. In spite of thousands of calls and contacts from Wisconsin gun owners to their legislators, Senator Van Wanggaard of the 23rd Senate District (Racine County) refused to move the bill forward in the committee he chairs. The bill died in his committee.

Why has this critical legislation, which Wisconsin Carry has been actively working to advance for 4 years failed to make it out of committee?

"School Grounds Carry" legislation history:

In 2012 Representative Joel Kleefisch introduced legislation that would have partially fixed Wisconsin's concealed carry law (Act 35) to allow off-duty, former, and out of state police officers the ability to carry on school grounds. This legislation ONLY applied to off-duty, former, and off-duty out of state police officers. Wisconsin Carry didn't think it was appropriate to create a special class of citizens and allow an off-duty police officer from another state, the right to come here on vacation and carry on school grounds while watching a niece or nephews youth sports game, but DENY the right to carry to law-abiding Wisconsin residents who have passed background checks, met mandatory training requirements, and obtained concealed carry licenses.

Wisconsin Carry, through our membership and media contacts, took to the phones, internet, email, and airwaves to block this unjust legislation.

In 2013 Representative Kleefisch introduced Assembly Bill 9 and contacted Wisconsin Carry and suggested that we "work with him, not against him" to pass school grounds carry legislation. Representative Kleefisch promised and DELIVERED on a promise to introduce an amendment to his bill for off-duty/former/out-of-state police officers that would extend the same right to law-abiding CCL holders.

Once again, Wisconsin Carry went into action. Thousands of members contacted legislators, Wisconsin Carry officials made scores of media appearances to promote the legislation.

On the eve of the committee hearing where the amendment was to be voted on, the bill was abruptly pulled from committee. See media report here: http://host.madison.com/wsj/news/local/govt-and-politics/assembly-republicans-scrap-bill-expanding-who-could-bring-guns-into/article_f94cad6b-5194-56ea-a209-74ec97d4b561.html

In 2014, no legislation was introduced due to it being an "election year"

In late 2014/Early 2015 Wisconsin Carry launched a major PR push calling for School Grounds Carry legislation. Wisconsin Carry issued press releases, sat down for scores of radio, television, and newspaper interviews, and had thousands of members reaching out to legislators explaining the land-mine CCL holders faced when dropping kids off at school.

In the spring of 2015 a legislator contacted Wisconsin Carry and indicated he was having "school grounds carry" legislation authored and planned to introduce it shortly. Once again, Wisconsin Carry members made thousands of legislative contacts with their representatives and senators around the state. Multiple legislative contacts Wisconsin Carry made indicated that Speaker Robin Vos was made aware of the legislation in early summer of 2015. Additional feedback from legislators and staffers indicated "leadership" wanted the bill to wait until after the state budget was done, and after "right to work" and the "48 hour waiting period repeal". So we waited... and waited...and waited...

While we waited the "special privileges" bill that Rep. Kleefisch had tried to pass for off-duty/former/off-duty-out-of-state police officers years before was fast-tracked through the legislature (SB70) SB 70 which was authored by former police officer Senator Van Wanggaard was passed by the Wisconsin Assembly on a VOICE VOTE with NO debate and signed into law by Governor Walker.

By the late fall 2015 there was still no legislation for "we the people" introduced.

Finally, in early 2016, Senator Mary Lazich took command and introduced SB589 which would allow school grounds carry by CCL holders. While this bill would need to move fast, Senator Lazich laid out a workable time-line for passage of the bill. Wisconsin Carry asked Senator Lazich if we should wait for the next session and she said "no, lets do it now".

After introduction, the next step is assigning a bill to committee. SB589 was assigned to Senator Van Wanggaard's judiciary committee where he refused to bring it up for a committee hearing/vote. The bill died in Senator Van Wanggaard's committee.

After 4 years of working on this legislation, once again, a few Republicans who campaigned as 'champions' of concealed carry, left concealed carry license holders out-in-the-cold.

In a defensive and excuse-laden letter to Wisconsin Carry members, Senator Van Wanggaard blamed Wisconsin Carry for the failure of the bill and suggested that we should "work with legislators not against them" This was pretty ironic considering that was exactly what Rep. Kleefisch told Wisconsin Carry 4 years ago, and we spent 4 years trying to work WITH legislators.

Now its 2016. We have another law-abiding Wisconsin CCL holder Jarrod Kuehn... a school teacher... following the law... arrested and charged with a felony. HOW MANY MORE law abiding Wisconsin citizens will need to be charged with felonies before the hold-out Republicans in Madison who campaigned as supporting concealed carry are willing to follow up their campaign promises with legislative action on behalf of we the people?

After 4 years of taking Rep. Kleefisch's advice and trying to "work with" legislators and getting nothing, its clear to Wisconsin Carry that there are 2 choices. Do nothing, or call out the supposedly pro-gun Republicans who will not stand for the 2nd Amendment.

Doing nothing is not an option. Not for guys like Jarrod Kuehn.