WI: Reform of Knife law Possible in Wisconsin

Wisconsin knife law dates back to the 1950′s and before, and  like a lot of weapons law, has been very selectively enforced.   If you were a minority, and spent time in Milwaukee, you were treated one way;  if you were not and lived North of the Madison- Milwaukee line, you had little to fear.   Most people had no idea that belting on their hunting knife, and putting on a jacket, made them subject to arrest for carrying a concealed weapon; and they were mostly justified because the police did not enforce the law. 

Except when they wanted to, against whom they wanted to.   I was shocked in the late 1970′s when I heard of a decision by a judge in Milwaukee to convict a man of possession of a concealed weapon.   The judge ruled that a folding Buck knife was “concealed” in the leather case on the man’s belt.   Wisconsin was one of the majority of states that succumbed to the media hysteria that created the bans on “switchblade” knives, back in the 1950′s.  The Wisconsin Constitution did not have a state right to keep and bear arms until 1998.  

That amendment, passed with 74% of the vote, has been bearing fruit.   Commonsense knife reform is being promoted in Wisconsin.    A modest bill, AB 142, was proposed to clean up the definition of a “switchblade” and to allow police and CCW holders to carry the knives if they wished.  When a House committee heard testimony on the bill, something happened that we have been seeing in more and more places.  The committee realized that Wisconsin knife law was irrational;  they decided to study it to see what needed to be changed.  It made no sense, under the strong Wisconsin constitutional right to keep and bear arms, and the Heller and McDonald Supreme Court decisions, for people in the state to be put at risk of arrest for the mere possession of a pocketknife. 

The legislature may come up with a knife preemption law, as many others have done, to prevent abuses such as may have happened in Baltimore case of Freddy Grey.  An overhaul of Wisconsin knife law seems possible.   

The committee meeting on AB142 happened a few days ago,  on April 23rd.  From kniferightws.org:

Based upon input prior to the hearing and testimony by Todd Rathner, Knife Rights’ Director of Legislative Affairs, and others, the consensus of the committee was that some aspects of the bill should be re-drafted to avoid confusion and that knife law preemption should be included. That process is occurring now with input from Knife Rights and should be concluded within the next few weeks.

No person should fear arrest for merely carrying a pocketknife.  Under the Wisconsin Constitution, it is a legal right, which is constantly endangered by local ordinances. 

We will see if the current reform push bears fruit in the next few weeks.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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