Protecting Wisconsinites' Right to Bear Arms
Wisconsin Carry, Inc. v. City of Madison
Under the Wisconsin Constitution, “[t]he people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.” State law allows all citizens to possess and transport loaded handguns, and all unloaded firearms, in vehicles, motorboats, and noncommercial aircraft. Additionally, a person licensed to carry a concealed firearm under either Wisconsin’s or another State’s laws—may “carry a concealed weapon anywhere in this state.”
In 2005, The City of Madison's public transit commission issued a rule prohibiting the possession of weapons, including firearms, on city buses. State law prohibits municipalities from passing ordinances regulating firearm possession or transportation more stringently than state law does. Participating as amicus curiae, the Solicitor General argued that state law pre-empted Madison's policy of excluding firearms from its city buses. The Wisconsin Supreme Court agreed and overruled Madison's policy.