Another concealed-carry bill set to be proposed

By Tom Sheehan

Thursday, September 29, 2005 2:04 AM CDT

MADISON - The state Department of Justice would handle background checks and issue most gun permits under a concealed carry bill to be announced at a Capitol press conference today (Thursday), said state Sen. Dave Zien, R-Eau Claire.

Those provisions are among the most significant changes made from last session's concealed carry bill, which called for sheriffs to issue permits, Zien said.

Supporters hope this bill has a better chance of becoming law than in 2003, when Republicans fell just one vote shy of overriding Gov. Jim Doyle's veto of the bill in the Assembly.

Zien shared a few details of the latest proposal Wednesday, but would not release a draft copy until today because of legal concerns, he said. State Attorney General Peg Lautenschlager is suing Zien and state Rep. Scott Gunderson, R-Waterford, the chief sponsor in the Assembly for allegedly denying draft copies of the bill to DOJ attorneys while giving others access.

The legislators shared copies only with the National Rifle Association and two private attorneys, who provided expertise on how the bill should be written, Zien said. Legislative attorneys contend bill drafts are not open records until the final version is written, Zien and Gunderson said. Having to constantly provide copies of

unfinished legislation would hamper lawmaking efforts, they said.

Legislators had not responded to the Dane County Circuit Court lawsuit as of Wednesday afternoon, but releasing the draft today won't end the case, said DOJ spokesman Kelly Kennedy.

"Whether they decide to release the documents or not will not have an effect on the lawsuit. They have to answer to the complaint in court," Kennedy said.

Opponents wasted little time in criticizing the 66-page proposal, which won't be formally introduced for a couple weeks while legislators seek co-sponsors, Zien said. A concealed carry bill has been introduced in each two-year legislative session since 1994.

The changes made from the last version won't matter much to opponents, who expressed frustration at not being able to see a copy of the bill, said Jeri Bonavia, executive director of the Wisconsin Anti-Violence Effort.

"Frankly, it doesn't matter what the details of the bill are. The bottom line is that any legislation that puts more hidden, loaded guns on our streets is irresponsible and dangerous," Bonavia said. WAVE is one of three groups scheduled to rally against the proposal in Racine tonight (Thursday).

Gunderson said the Legislature needs to approve concealed carry legislation to accommodate recent court decisions. In 2003, the Wisconsin Supreme Court urged the legislature to act after it ruled that a Milwaukee store owner had a right to have a gun to protect his business, Gunderson said.

If the Legislature doesn't approve a bill, the state's law could be thrown out and replaced with very few restrictions, Gunderson said. Forty-six states have approved some form of concealed carry legislation, he added. Under the new proposal, permits would require training and cost $75, Gunderson said.

The governor hasn't changed his position on concealed carry, said spokeswoman Melanie Fonder.

"The governor doesn't think there should be more guns in churches, schools and communities. He's focused on job creation, and he wishes the Legislature was, too," Fonder said.

Zien said the bill has some provisions that would allow a property owner to prevent guns from being brought onto some properties, such as shopping malls. But he wouldn't reveal how that would be accomplished under the bill. Last session's bill would have allowed some property owners to ban guns if they posted signs.

The NRA's Institute for Legislative Action spent about $60,000 lobbying for last session's concealed carry bill, according to records filed with the Wisconsin Ethics Board.

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