PROOF AND HEARSAY

Can Madison ban guns from buses?

Bruce Vielmetti
Milwaukee Journal Sentinel

Wisconsin gun rights advocates get their chance Friday to persuade the state Supreme Court that Madison can't ban weapons from its city buses.

Thomas Waltz and Wisconsin Carry, Inc. sued the city back in 2014 after it refused to change its rule against guns on its Metro Transit buses. The plaintiffs argue that Wisconsin's Act 35, the state's concealed carry law, preempts any local government from imposing stricter regulations on when and where license holders may take their guns.

The Court of Appeals last year sided with Madison and found the state law does not apply to an "agency rule" adopted by the transit agency, only to ordinances or resolutions by the common council.

Waltz and Wisconsin Carry asked for Supreme Court review. The court took the case and will hear oral arguments on Friday, beginning at 9:45 a.m.  The court's oral arguments can be seen live on Wisconsin Eye, www.jwiseye.org.

Attorney General Brad Schimel has filed a friend-of-the-court brief in the case, siding with the gun group. In the brief, Schimel and his Solicitor General Misha Tseytlin argue that the Madison ban fails because it conflicts with, defeats the purpose of and goes against the spirit of the state law.

But most important, they say, the preemption part of Act 35 specifically withdrew the authority of municipalities to regulate concealed carry beyond the state law.

Schimel says the Metro Transit's rule "violates the bedrock principle that what a governmental body 'cannot do directly, it also cannot do indirectly.'”

The city argues that even if the ban were to be considered an ordinance, it would not be pre-empted because it is not more stringent than the state law. It cites a line from the DOJ's website of questions and answers about the CCW law, which states public and private entities can restrict the possession and transportation of weapons, as part of the updated vehicle portion of the law.

Further, it suggests it would be absurd to allow Madison to ban its own drivers from having guns on the government owned buses -- clearly allowed under the law -- but prohibit it from restricting passengers from bringing guns on board.

A Madison Metro Transit bus
LTC offering firearm safety for concealed carry course

The AG's office cites a disclaimer with the Q & A that nothing in it should be considered a legal opinion.

The city also argues that buses differ significantly from other government property, and cite U.S. Supreme Court rulings that buses are even subject to less First Amendment scrutiny than a park when it comes to restricting messages on or inside the buses.

Waltz's attorney, John R. Monroe of Georgia,  has offered the AG's office ten minutes of his time and said Assistant Attorney General Ryan Walsh is set to argue for Schimel's office.

Assistant City Attorney John Strange will argue for the Madison.