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Baumgart, Doyle Propose Gun Ban
Wisconsin Senator Dave Zien ^ | January 17, 2002 | State Senator, Dave Zien, Press Release

Posted on 01/20/2002 4:46:48 PM PST by CFW

Baumgart, Doyle Propose Gun Ban

Pump Shotguns and Most Other Firearms Banned

Virtually every gun used to hunt in Wisconsin would be illegal to use under a bill authored by Senator Jim Baumgart at the request Attorney General Jim Doyle. The supposed terrorism legislation would outlaw the use of any pump, lever or bolt action rifle or shotgun as well as any revolver or semi-automatic firearm for hunting, self-defense or target practice.

In fact, only single-shot firearms, less than one-percent of all firearms, could be used by anyone except law enforcement and the military. Anyone using a firearm that holds more than one bullet or even owning a single bullet would be guilty of a Felony.

“If Baumgart and Doyle get their way, every hunter in Wisconsin would be an instant criminal, facing prison and a lifetime loss of voting rights,” said state Senator Dave Zien (R-Wheaton).

“Reloading your own shotgun shells could send you to prison for 15-years.” Rather than ban firearms outright, Doyle and Baumgart ban all types of ammunition by defining the bullet as both a “destructive device” and an “explosive,” the gunpowder as an “explosive” and even the tiny primer that ignites every bullet is specifically called a “detonator.”

Owning, possessing or using any of these items would be a felony offense, unless the citizens could prove they were only for use in “firearms that are designed to shoot no more than one shot without manual reloading” (i.e. single shot firearms).

“Can you imagine a Wisconsin elected official outlawing the use every pump shotgun and labeling every duck hunter a terrorist?” asked Zien. “Maybe the Attorney General should concentrate on the real terrorists and leave law-abiding gun owners alone.”

The bill even goes as far as allowing photographs of a person with banned material to be used as evidence of a crime. “This will make the picture of a hunter with her Remington 870 and a trophy buck evidence of terrorist activity,” said Zien.

In 1998, Wisconsin voters amended the state Constitution to protect the right of law-abiding citizens to posses and use firearms. Because the Constitution prevents Doyle from banning the gun, the only way he can deny hunters the use of their guns is to ban the ammunition.

“It is no wonder people are cynical about their government,” said Zien, author of Wisconsin’s Right to Keep and Bear Arms. “When the attorney charged with upholding our Constitution deliberately tries to thwart that Constitution and deny the will of the people, it gives all public servants a bad name.”

Information on the Attorney General’s website describing the points of Doyle’s “Anti-Terrorism Legislative Package” mentions nothing about the gun ban provisions. Zien noted the information distributed to legislators also mentioned nothing about the bans. Doyle can only propose the language to legislators. The legislative author (Baumgart) takes whatever he chooses from Doyle’s draft and introduces his own bill.

Baumgart likewise mentions nothing about the bans in his memo to legislators asking them to join as cosponsors of his bill.


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: banglist
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Heads up Wisconsin Freepers.
1 posted on 01/20/2002 4:46:49 PM PST by CFW
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To: CFW
Oops. I left off page two of the article.

“Unfortunately, a lot of well-intentioned legislators signed on to the 56-page bill without knowing this little treat was hidden inside,” said Zien. “If you are going to take away my right to shoot my deer rifle, at least admit it up front.”

Following are key provisions of the ban language as proposed by Baumgart/Doyle in Senate Bill 363 [Comments in brackets added]:

947.07 (1) (c) "Destructive device" means an overpressure device, or a device that contains an explosive or an incendiary and is designed or configured to cause substantial bodily harm, death, or property damage, including any of the following devices:

947.07 (1) (d) "Detonator" means a device containing an exploding charge used to initiate detonation in an explosive or a destructive device, or any device capable of initiating or setting off an explosive charge including, but not limited to, an impact device, a timing mechanism, a primer, primer or detonating cord, a detonating cap, detonating waves, electric blasting caps, blasting caps for use with safety fuses, a shock tube initiator, or detonating cord delay connectors. [A “primer” is the ignition device that sets off every bullet or shotgun shell.]

947.07 (1) (f) "Explosive" means any chemical compound, other substance, or mechanical system that is intended to produce an explosion capable of causing substantial bodily harm, death, or property damage, including such a compound, substance, or system that contains oxidizing and combustible units in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion; including, but not limited to, items on the list of explosive materials published pursuant to 18 USC 841 (d) and 27 CFR 55.23.

947.07 (2) (a) Whoever manufactures, buys, sells, offers to sell, transfers, distributes or possesses an explosive or a destructive device is guilty of a class C felony. [Class C Felony = Up to 15 year sentence.]

947.07 (3) (a) Whoever uses an explosive or a destructive device is guilty of a Class B felony. [Class B Felony = Up to 60 year sentence]

947.07 (7) (c) Ammunition for firearms or components for ammunition for firearms that are designed to shoot no more than one shot without manual reloading. [This is the only firearms related exception to the above restrictions. Attorneys agree, the exception would not apply to any gun that can be loaded with more than one bullet or shell.]

947.07 (8) Evidence. A photograph, electronic image, videotape, or other identifying evidence of an explosive, destructive device, detonator, or weapon of mass destruction that is properly authenticated as provided under ch. 909 is admissible as evidence in lieu of the actual explosive, destructive device, detonator, or weapon of mass destruction in any action or proceeding concerning an explosive, destructive device, detonator, or weapon of mass destruction.

3 posted on 01/20/2002 4:52:00 PM PST by CFW
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To: CFW
If this is enacted, what will Wisconsin do with all the geese? They have too many as it is.
5 posted on 01/20/2002 4:53:40 PM PST by CWRWinger
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To: CFW;*bang_list
Bump List
6 posted on 01/20/2002 4:53:51 PM PST by Fish out of Water
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To: CFW
I am in California. When this stuff hits here, there will be a revolution.
7 posted on 01/20/2002 4:55:42 PM PST by Buckeroo
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To: Buckeroo
"I am in California. When this stuff hits here, there will be a revolution."

Just like the Revolution when they banned "assault" rifles in California? I'll believe it when I see it.

8 posted on 01/20/2002 4:59:09 PM PST by Godebert
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To: CFW
I may have to move from Illinois in a few years when the leftists take over. Something tells me my next stop won't be Wisconsin...
9 posted on 01/20/2002 5:00:38 PM PST by supercat
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To: CFW
OOPPSS! This stuff has already hit here in California. Looks like there is a revolution in process.
10 posted on 01/20/2002 5:00:40 PM PST by Buckeroo
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To: Buckeroo
I found this while surfing aimlessly this evening. I'm in Georgia, but this affects all of us.

The sneaky stuff that can be passed as law is amazing.

11 posted on 01/20/2002 5:01:27 PM PST by CFW
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To: Godebert
Well, it's a little revolution.
12 posted on 01/20/2002 5:02:48 PM PST by Buckeroo
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Comment #13 Removed by Moderator

To: CFW
Not suprised at all. Wisconsin is a blue (electoral) state....just like California and New York. Eventually they will ban all types of firearms in the blue states. That will be the time for the South (red states) to rise again!

;-)

14 posted on 01/20/2002 5:05:45 PM PST by Godebert
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To: CFW
This Baumgart guy? - he's a politician, right? - gets laws passed, all that stuff. Anyway, can he point to a single act of AlQeada terrorism that used any one of the weapons he wants to ban?

Well, then, I can point to a series of laws that served to help the AlQeada terrorists - most of them concern banning weapons or things that could be used as weapons from the hands of passengers on airplanes.

Seems to me that this Baumgart fellow is running further down the track to help out the AlQeada out there - banning more stuff, retricting the right of self-defense - seems to me that it's long over due to round this dude up and send him where he's more welcome.

Yeah, round up Baumgart and ship him out. We don't need his kind no more! Send him to France. Send him to Cuba.

15 posted on 01/20/2002 5:06:09 PM PST by muawiyah
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To: CFW
Baumgart and Doyle, American traitors.
16 posted on 01/20/2002 5:07:12 PM PST by RogueIsland
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To: muawiyah
Here is more from Senator Zien's press releases.

Law-Abiding Citizens Allowed Self-Defense Trained, Law-Abiding Citizens to be Licensed to Carry Concealed Weapons

State Senator Dave Zien (R-Wheaton) and Representative Scott Gunderson (R-Town of Norway) are renewing their drive to give law-abiding Wisconsinites the ability to protect themselves and their families. The two are offering the Personal Protection Act (PPA) to allow law-abiding citizens to be licensed to carry a concealed weapon after a criminal background check and safety training. Most states already allow this form of self-defense.

Forty-four states allow some form of concealed carry for self-defense. Thirty-three of those states, representing 54% of the U.S. population, allow a right to carry similar to the Wisconsin proposal or even less restrictive. Vermont allows the right to carry without a license.

The legislators point out the law works by making criminals think twice before committing violent crimes. They note that over 40% of criminals in a scientific prison survey have decided against attacking a citizen they thought might be armed.

"Current law only protects criminals from citizens," said Zien. "The Personal Protection Act will level the playing field for the most common prey of criminals: women, elderly and disabled individuals."

In Wisconsin, only police officers are allowed to carry a concealed weapon. The penalty for illegal carrying is only a misdemeanor, small worry to someone considering rape, murder or armed robbery. So, the current law only prevents people who conscientiously follow the law from defending themselves. The law would give these individuals a strictly regulated means to carry a concealed weapon legally.

“The fact is the nine lowest violent crime rates in the country are in states that have concealed carry laws. These states, that allow individuals to carry concealed firearms, have seen tremendous drops in their rates of homicide, robbery, and aggravated assault,” stated Gunderson. “The statistics have shown that concealed carry laws have worked effectively to help lower violent crime rates by an average of 24%. In a time when we, as a legislature, are trying to figure out how to cope with an ever-growing prison population, a 24 percent drop in the violent crime rate in Wisconsin would be a welcome occurrence.”

Individuals 21 years old or older seeking a license would undergo a state Department of Justice background check to find and root out anyone with a criminal record. This is the same check the Brady Law provides. If it was determined that the person was not a felon, violent criminal, mentally incompetent or drug or alcohol dependent they could receive a tamper-proof, photo license upon paying a fee to cover all costs and proving they had successfully completed a designated gun safety course. The license could be suspended or revoked if the licensee was charged with or convicted of a crime.

“An individual that receives a concealed firearm license will have undergone firearm training, a more extensive background check than the Brady Law requires, and their information will remain on file with the Wisconsin Department of Justice,” contended Gunderson. “I believe all of the safeguards are in place for this to be a success in the state of Wisconsin. We intend to follow the example of states like Florida, where their concealed weapon law has been very successful because of quality training and education. In the state of Florida, there has never been a record of any accident or incident from a lack of training, and that is the level of success we intend for Wisconsin.”

The licensee would not be allowed to carry in a number of places including; taverns, schools, athletic events, police stations, jails, prisons or airports.

Licenses would be issued by Sheriffs who could issue temporary emergency licenses to a person whose life was in danger. Counties could opt out of offering the license or join with other counties to improve efficiency. But, no county could prevent its citizens from having the opportunity to be licensed.

“Wisconsin has a long history of local control,” said Zien. “This law will be administered locally by counties that can choose not to participate in licensing.”

"This is nothing radical. Most states have similar laws that work very well," said Zien. “In fact, not one state has ever revoked a law licensing citizens to carry concealed weapons.”

According to FBI crime data, states allowing concealed carry have a 24% lower violent crime rate, 26% lower homicide rate, 3% lower rape rate, 39% lower robbery rate and a 35% lower firearm robbery rate than restrictive states like Wisconsin.

"We want people to take a good hard look at the facts with an open mind," said Gunderson. "When we get beyond the knee-jerk reactions, people will realize that the evidence shows that most citizens can be trusted to act responsibly. The ones who can't be trusted are usually already armed, and obviously won’t undergo the stringent licensing procedures."

"We are not trying to ram anything through without giving people a chance for a good long look," said Zien. "The more facts are known, the more support we will have."

17 posted on 01/20/2002 5:10:05 PM PST by CFW
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To: CFW
Lock and load!
18 posted on 01/20/2002 5:10:54 PM PST by The Mayor
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To: Godebert
Banning assault weapons is one thing, banning virtually every weapnon is another. Especially in a state like Wisconsin where there are probably alot of hunters. There would be hell to pay for this one.
19 posted on 01/20/2002 5:12:14 PM PST by Husker24
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To: CFW
Here, in California, only law enforcement agencies and elected officials may carry firearms. Of course, Communists carry too. There must be a reason.
20 posted on 01/20/2002 5:13:30 PM PST by Buckeroo
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To: Buckeroo
Molon labe bump
21 posted on 01/20/2002 5:16:37 PM PST by Noumenon
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To: Husker24
If they can ban one type successfully, what's to stop them from banning another. The 2nd Amendment isn't about hunting anyway.
22 posted on 01/20/2002 5:16:47 PM PST by Godebert
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To: Noumenon
Bump backattcha!
23 posted on 01/20/2002 5:21:41 PM PST by Buckeroo
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To: Godebert
If they can ban one type successfully, what's to stop them from banning another. The 2nd Amendment isn't about hunting anyway.

Exactly. And one of the arguments that gun-grabbers use is, "No one needs to hunt anymore. Get your food from the grocery store. No one needs guns."

That has NOTHING to do with it.

Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. Federalist Papers

24 posted on 01/20/2002 5:25:36 PM PST by CFW
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To: Pissed Off Janitor
9/11 changed nothing...

Unfortunately it changed alot.
Now you have people demanding that the government take their freedoms away in the name of "security".

At this time, when you enter an airport, you are considered to be a potential criminal.
This is just the begining.

25 posted on 01/20/2002 5:31:20 PM PST by sport
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To: Buckeroo
If California politicians really believed their own rhetoric, they'd disarm the cops and give up their own guns too!
26 posted on 01/20/2002 5:39:37 PM PST by muawiyah
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To: sport
cross linking
27 posted on 01/20/2002 5:40:36 PM PST by CFW
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To: CFW
“If Baumgart and Doyle get their way, every hunter in Wisconsin would be an instant criminal, facing prison and a lifetime loss of voting rights,” said state Senator Dave Zien (R-Wheaton).

Wrong, Mr. Zien!!! Any legislator who signed his name to this piece of trash would be an instant criminal by virtue of breaking his sworn oath to uphold and defend the Constitution.

IMO

28 posted on 01/20/2002 5:41:36 PM PST by pa_dweller
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To: muawiyah
They can't do that. They are too busy protecting illegal aliens.
29 posted on 01/20/2002 5:44:21 PM PST by Buckeroo
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To: CFW
Does Wisconsin have any history of politicians being hanged by irate citizens? If not, something unprecedented may be about to happen there.
30 posted on 01/20/2002 5:46:11 PM PST by Twodees
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To: Twodees
Maybe we should start letting state Senator Dave Zien (R-Wheaton) that we support him nationwide. A little positive feedback can go a long way.
31 posted on 01/20/2002 5:49:46 PM PST by CFW
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To: Godebert
I hate to say it, but your right. Law makers and law enforcement expect that the "law abiding" citizen will "do the right thing" and obey the laws. In the mean time the law makers continue to put it up our a$$es and break it off.

How long and what's it gonna take before we stand for (and take back) what is rightfully ours. Namely our Constitutional Rights and ultimately - our FREEDOM.

32 posted on 01/20/2002 6:17:42 PM PST by Jasper
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To: CFW
... I'm sure hoping you folks wake upi and get rid of these politicians. NOW!
33 posted on 01/20/2002 6:19:05 PM PST by RKBA_Champ
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To: Jasper
your = you're
34 posted on 01/20/2002 6:20:19 PM PST by Jasper
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To: sport
One reason I personally refuse to fly through any airport "controlling" access to the air. I am not a prisoner or serf in my own homeland, am I? I refuse to be disarmed of my fingernail clipper and Leatherman tool for the pleasure of flying on an airplane. Anyone who thinks airport security is anything other than the biggest oxymoron to this date is either a fool, or unaware of what goes on outside of the narrow confines of a passenger terminal.
35 posted on 01/20/2002 6:44:47 PM PST by wita
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To: Husker24
Banning assault weapons is one thing, banning virtually every weapnon is another.

Care to explain the difference? How about just defining "assault weapon"?

Take your time. I can wait.

36 posted on 01/20/2002 6:51:37 PM PST by Pistolshot
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To: wita
I agree.

The Constitution reads that until it has been proven to the exclusion of reasonable doubt, we have the right to be presumed innocent of comitting a crime.

Once you enter airport property, this is not true.

37 posted on 01/20/2002 6:56:27 PM PST by sport
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To: CFW
Oh my G-d. This is disgusting. I always knew Doyle was a maniac, but this is bad. He has just locked up the Democratic Nomination for governor with this, and I hope sealed his own defeat. The scary thing is though, that crap like this will be praised by liberals and gun-grabbers.
38 posted on 01/20/2002 7:08:17 PM PST by StAthanasiustheGreat
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To: Husker24
What is an assault weapon??????
39 posted on 01/20/2002 7:11:58 PM PST by Dan from Michigan
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To: NWU Army ROTC
Doyle is running for governor?

I LIKE to think that Wisconsin is at least like Michigan on guns. He probably will be knocked off in the primary if it's an open primary.

40 posted on 01/20/2002 7:13:25 PM PST by Dan from Michigan
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To: wita
oh,come on! isn't a little freedom a small price to pay for that warm,fuzzy feeling of being protected from ourselves?*grin* I thought the gun control folks were being way too quiet. Maybe Gov. Ventura will pay them a visit and body-slam these fine elected offals.*grin* oops! that should have been officals. how careless of me!
41 posted on 01/20/2002 7:15:08 PM PST by kanis_latrans
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To: sport
People in Wisconsin worked hard to get the constitutional amendment to guantee the right to bear arms for Self Defense passed five years ago. It is very difficult to pass a constitutional amendment in Wisconsin. The amendment must pass the legislature twice, separated by an election, then must pass as a referendum. This is the only constitutional amendment to ever pass, to my knowledge. It passed the referendum by 80%.

The point is, Wisconsin is not a lost cause. Most of the media in the state is hoplessly Socialist, but if the word gets out, much of the state is very conservative. Doyle is one of the most anti-gun politicians in the state. As Attorney General, he almost singlehandedly has prevented a shall-issure concealed carry bill from passing, year after year.

42 posted on 01/20/2002 7:18:14 PM PST by marktwain
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To: CFW
This proposed legislation (with the gun ban) is an act of treason against the American people.
43 posted on 01/20/2002 7:18:59 PM PST by Mulder
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Comment #44 Removed by Moderator

To: Godebert
WHOA! The 2nd Amendment IS about hunting.....it IS NOT about hunting deer..............................................

the 2nd Amendment IS ABOUT STOPPING THUGS FROM HUNTING YOUR FAMILY!...........................we can give credit to Oleg( http://www.a-human-right.com/ ) for this one. Move to south Texas, quit shoveling snow, and carry? sorry.....

45 posted on 01/20/2002 7:47:01 PM PST by Johnny Crab
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To: Dan from Michigan
Look, I wasnt for that ban. I own Two "assault Weapons" myself. Its just that alot of people who arnt gun enthusiasts wont mind the "assault weapon" ban as long as they can carry thier hand gun for protection, they will notice, however, when they can no longer do that.
46 posted on 01/20/2002 8:07:08 PM PST by Husker24
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Comment #47 Removed by Moderator

To: Husker24
assault Weapons

I never said you were for the ban, and figured you probably wern't. But what is an assault weapon? That's my main complain. It's the term itself. An assault RIFLE can fire full auto. The term assault weapon was a takeoff created by VPC's Josh Sugarmann. His term is so well known, that even pro-2aers are using it now.

Call it sematics, that's what bothers me so much.

48 posted on 01/20/2002 8:22:39 PM PST by Dan from Michigan
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To: CWRWinger
If this is enacted, what will Wisconsin do with all the geese? They have too many as it is.

I would recommend their use in bludgeoning idiot politicians. Someone has to recall this turd.

49 posted on 01/20/2002 9:07:24 PM PST by Still Thinking
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To: CFW
And in the recipe for revolution another spice is added.
50 posted on 01/20/2002 10:12:34 PM PST by Centurion2000
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