Friday, June 28, 2024

WI: Milwaukee Respects Second Amendment Supporters


In Milwaukee, Wisconsin, the City Council respects activists who are Second Amendment supporters. The admission came when City alder Bob Bauman attempted to ban guns near the scheduled Republican National Convention, in violation of state law and the United States and State of Wisconsin constitutions. From wisn.com:

Bauman introduced an amendment Friday encouraging the city's public safety committee to bypass state law and ban guns within the soft perimeter anyway.

"We may be sued. I'm not afraid of being sued," Bauman told his colleagues.

Bauman knows his proposal is against the law.  From wtmj.com:

Milwaukee City Attorney Evan Goyke told WTMJ it would be difficult for the Common Council to restrict guns in the area even if they wanted to.

“State statute precludes local government from regulating firearm possession beyond what is regulated in state statute,” Goyke said. “Every local unit of government, including the City of Milwaukee is preempted, or precluded from, additional regulations beyond state statute.”

Wiser heads prevailed. It wasn't fear of the state government which stopped them. The executive branch is firmly controlled by their ideological bothers in Madison, including Governor Evers.  It was fear of Second Amendment activists which stopped their illegal usurpation of power. Wisconsin Second Amendment activists have demonstrated they are savvy and passionate protectors of their constitutional rights. The majority on the City Council understood this history. From wisn.com:

Those in opposition of the amendment, though, cited concerns surrounding the timing of a possible lawsuit with the convention now just about one month away, but they were also concerned with who this ban could attract to Milwaukee.

"We would be potentially encouraging groups who feel very strongly about their second amendment rights, which no harm with that, but we would encourage them then to come and say, 'I dare you to stop me,'" Alderman Scott Spiker told WISN 12 News.

Notice the respect in Alderman Spiker's statement, recognizing the legitimacy of supporting the Second Amendment "no harm in that". Notice the Alderman Spiker's wise reluctance to challenge Wisconsin's Second Amendment supporters.

Wisconsin Second Amendment Activists pushed through the Wisconsin Constitution's  strong protection of the right to keep and bear arms, Section 25, in November of 1998, with 74% of the vote. In 2008, Brad Krause refused to plead to a disorderly conduct charge for openly carrying a holstered pistol while planting a tree in his yard. The case led to a finding by the Attorney General that open carry was not disorderly conduct. As with other states, Wisconsin activists used their right to open carry to promote legal concealed carry. Wisconsin passed their "shall issue" law in  2011. Five open carriers in Madison sued the police for false arrest in 2018. The settled for $10,000 in 2019. There have been several other settlements. In 2017, Madison lost a case challenging a ban on the carry of weapons on city buses.  In 2021, Judge Bruce Schroeder upheld Kyle Rittenhouse' right to bear arms. The jury upheld Kyle's right to self defense in Kenosha, Wisconsin.

Principled activism combined with strategic action has earned the respect of Wisconsin's political class. It wasn't always so. This correspondent recalls a conversation with a Milwaukee policeman while waiting to compete in an International Practical Shooting Confederation competition, about four decades ago. He was asked what he would do if a person open carried in Milwaukee. He said "I would arrest them for disorderly conduct." In response to the question of what were they doing which was disorderly, He said "Someone had to call in a complaint. That makes it disorderly."

Much has changed in the past four decades. Today, if a Wisconsin policeman made such an arrest, the department would face a lawsuit and would settle.  Wisconsin Second amendment supporters have earned their respect.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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