Military LE? CCW! > Wisconsin

Posted: 3/5/2008 1:11:11 AM EDT

It's not CCW for everyone, but if you're in military law enforcement, I'd say this would be your ticket.

WI statute clearly states:

941.23 Carrying concealed weapon . Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding s. 939.22 (22), for purposes of this section, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: 941.23 ANNOT, The burden is on the defendant to prove that he or she is a peace officer and within the exception.

The state definition of "peace officer" being as such:
939.22(22)
"Peace officer" means any person vested by law with a duty to maintain public order OR to make arrests for crime, whether that duty extends to all crimes OR is limited to specific crimes. "Peace officer" includes a commission warden.

An MP is vested by law with a duty to make arrests for crimes limited to the UCMJ (specific crimes). I'd personally exercise this right has I not gotten out of the Corps just a month ago.ht
If I'm way off base here, PLEASE, someone prove me wrong.

Posted: 3/5/2008 7:46:18 AM EDT

[#1]

Active duty Military MP may not qualify as they do not meet this definition:

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

The MP jurisdiction is exclusively on military installations.

It more clearly looks like retired Military does not currently under current language:
Most certainly in Wisconsin there would be an issue as no State agency will likely train and certify with proper identification retired military MPs.

Wisconsin Memorandum
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HR 218 Text
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``(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm

d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

Posted: 3/5/2008 9:49:27 AM EDT

[#2]

I will agree that a MP could not CC under HR218. However it is my understanding that HR218 pertains to any civilian LEO carrying nationwide. My intent here is only to point out concealed carry for the state of WI as pertaining to military LE may be viable considering how the language is written in state statute.

Posted: 3/5/2008 5:18:13 PM EDT

[#3]

I wouldn't want to be the test case for that end-around. Chapter 165 comes into play, and prior to HR218 Wisconsin didn't recognize out-of-state officers. I don't think military police can CCW.

YMMV, I'm not a lawyer, etc.

Posted: 3/5/2008 8:25:19 PM EDT

[#4]

tag....for shiites and giggles.

Posted: 3/6/2008 5:56:49 AM EDT

[#5]

Quoted:
My intent here is only to point out concealed carry for the state of WI as pertaining to military LE may be viable considering how the language is written in state statute.

The catch may be the "state certified" part. If a commission warden who is not "state certified" does not qualify to CCW, then neither would an MP......

Posted: 3/6/2008 6:39:44 AM EDT

[#6]

Mil can CCW if it's in "the line of duty".

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