Wisconsin looks to Solidify Right to Bear Arms in State Constitution

 

In 1998, Wisconsin concluded the lengthy process to amend the state constitution to add an amendment protecting the right to keep and bear arms. The amendment passed by a super majority, 74% to 26%. The amendment is straightforward.

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

The amendment was codified into the Wisconsin state constitution as section 25 of Article I.  Court cases challenging Wisconsin law which infringed on rights protected by sections 25 started fairly quickly.

In July of 2003, the Wisconsin Supreme Court found the state ban on the carry of concealed weapons to be presumptively legal, in State v. Cole. They stated a Constitutional amendment is still subject to "reasonable regulation". The court essentially neutered the right to keep and bear arms as a significant protection of peoples' rights. The court had a nominally conservative majority. The case was heard five years before the Heller decision in 2008. Cole was an ugly case with the defendant a convicted drug dealer.

In June of 2016, another case was being heard in Kenosha, Wisconsin. This case also challenged state law. In this case the defendant was squeaky clean. The case was, in essence a prequel to the famous Kyle Rittenhouse case in 2021. The prosecutor was the infamous Thomas Binger, same as for Rittenhouse. The judge was none other than now famous Honorable Bruce Schroeder. The case was clear cut. Guy Smith had a revolver in his truck for his protection. Thomas Binger prosecuted the case up to the point it was going to trial. Judge Schroeder was the judge in the case. Judge Schroeder correctly ruled against a motion by the prosecution, before the trial. Binger dropped all charges, then refused to give Guy Smith his revolver back.

Wisconsin Republicans have filed an amendment to change the wording of Section 25. The wording is meant to strengthen the amendment and place it beyond the court's power to render it impotent.  The changed language would read thus:

  [Article I] Section 25. The people have the inalienable right to keep and bear arms which right shall never be infringed. The right of the people to keep and bear arms is a fundamental individual right, and any restriction on that right shall be subject to strict scrutiny.

The  action, AJR112, has not been voted on at this time. There is an identical resolution in the Senate, SJR105. If the resolution passes the Assembly and the Senate, it then has to pass again, after an election. If it passes the second time, it will go to the people in the form of a referendum during the next election. If the referendum passes, the amendment becomes part of the state constitution.  The governor is not required to sign any off on any of this process.

If the amendment is passed by two legislatures, it will pass as a referendum. The Second Amendment is popular in Wisconsin, and among states in general. No referendum establishing or strengthening the right to arms has failed a state wide referendum, to the knowledge of this correspondent.  Such actions have failed in state legislatures, but not as referendums. Such referendums typically pass with super majorities.  The Wisconsin Senate has 18 Republicans and 15 members of the Democratic Party. The state Assembly has 54 Republicans and 45 members of the Democratic Party.

AJR112 has 12 sponsors. SJR105, the Senate version, has four sponsors. The legislation was introduced on October 30, 2025.

©2026 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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