For full functionality of this site it is necessary to enable JavaScript. Here are the instructions how to enable JavaScript in your web browser.
Money Back Guarantee

 

 

CONTACT US

« Back to Blog

CONCEALED CARRY ON PUBLIC TRANSPORTATION

8 February 2018 by Online Carry Training

Federal law does not restrict the carrying of firearms in public, although specific rules may apply to property owned or operated by the federal government. However, every state has its own laws regarding whether and how concealed carry is permitted. Almost every state imposes at least some restrictions on the locations in which concealed weapons may be carried including schools, government buildings, polling places, houses of worship, bars or establishments serving alcohol, public sporting events, hospitals and/or medical facilities and mental health facilities. The regulation of carrying concealed on Public transportation, however, varies widely depending on the state. Additionally, some public transportation that is regulated by the city has given rise to some cities enacting legislation to prevent concealed carry.

The Wisconsin Supreme Court’s recent ruling in Wisconsin Carry, Inc. v. City of Madison clarifies the rights of a concealed carry permit holder to bring his or her weapon on public transportation. The 74 page opinion focused on a City of Madison Metro Transit rule, which prohibited bringing any dangerous item onto city buses, including concealed weapons and firearms.

City of Madison Mayor Paul Soglin argued that the city controls other behaviors on city buses, such as whether or not people can play loud music or travel with dangerous animals. "We see it to be perfectly within our rights as property owners to be able to regulate firearms and knives," he said at the news conference.

While the concealed-carry law makes exceptions for private property owners, "the bus is a different situation, there are a lot of things that happen on buses and subways. I don't think that's going to fly," said Rep. Jeffrey Mursau, one of the Republican legislators who authored the 2011 law that made it legal to carry concealed firearms in most public places, including the state Capitol building.

The Wisconsin Supreme Court determined that the rule created a more restrictive prohibition on firearms than the state Concealed Carry Statute. In the opinion, Justice Kelly relied on the Local Regulation Statue in holding that the Metro Transit’s rule wrongly prohibited a licensed citizen from carrying his or her concealed weapon. The Local Regulation Statute forbids cities and municipalities from enacting stricter firearm regulation than state firearm statutes.

Republican Senate Majority Leader Scott Fitzgerald said city governments shouldn't be able to undermine the state's gun rights protections.

"Cities should not be able to infringe on the rights of responsible gun owners who rely on their concealed carry permits for self-defense as they utilize public transportation to travel throughout their communities," he said in a statement.

Gov. Scott Walker, who signed the state's concealed-carry law in 2011, also rejected the idea.

"The people I'm worried about are not the people who are legally owning a firearm," Walker said. "You should be more worried about the people who possess firearms who aren't legal to have them in the first place."

Republican Rep. Joel Kleefisch, a frequent gun rights advocate, said private bus companies like Greyhound can set their own rules, but state law dictates what public transit systems can do.

"If the criminals know they'll be the only ones on the buses with guns, they're much more likely to bring a gun on a bus," Kleefisch said.

How do you know what the law is with regard to carrying on public transportation where you live? A good place to start is

http://www.handgunlaw.us/states/  to see what laws and restrictions apply in your state. But don’t stop there. You also need to check with your specific city to see if the laws are different than state laws.

blog comments powered by Disqus