Patchwork Gun Laws

BY Herschel Smith
6 years, 1 month ago

I had previously said this:

I am a long standing and diehard advocate of State’s rights, even to the extent that I don’t think the federal court system should be invoked when local gun control is concerned.  All gun politics is local, I have said.  The corollary is that in order to prevent local hicks, ne’er-do-wells and criminals from acting out their Napoleon fantasies upon other men, association with the state means that – assuming robust gun rights laws already exist – local municipalities and townships shouldn’t be able to preempt state laws.  The state is the right size for law-making and control.  Our founding fathers were wise.

And true to form for the little Napoleon child-emperors, Wisconsin gun laws may soon be a mess.

Wisconsin wildlife officials’ decision to drop rifle restrictions going into this month’s gun deer hunt was supposed to make things simpler. But hunters better do their homework before they head into the woods because local governments now are weighing whether to impose their own bans, potentially creating a patchwork of rules.

The DNR lifted its rifle ban earlier this year in the nearly 20 counties where it remained in effect. The move makes more powerful and accurate weapons available to deer hunters who had been limited to shotguns during the nine-day gun hunt.

Local governments can still restrict rifles, however, and a number have been working to pass limits before the season starts Nov. 23. That could leave hunters sifting through a patchwork of regulations to figure out whether they can use a rifle in their favorite patch of woods.

“Hunters will have to literally check the specific rules for every community they hunt, and don’t think that a single round of phone calls will be sufficient for your whole season,” Rep. Joel Kleefisch, R-Oconomowoc, one of the most avid hunters in the Legislature, warned in a statement. “The bottom line here is that the hunter still has (to do) the homework.”

The DNR banned rifles decades ago in a number of southern counties to limit the deer kill and grow local herds. Hunters in those areas were forced to use weapons with less accuracy and range, such as shotguns, muzzleloaders, pistols or bows and arrows. As the deer population grew, justification for the regulations shifted to protecting the public from far-traveling rifle rounds.

But over the past 15 years or so, the DNR has lifted the restrictions on a county-by-county basis. By last spring, the ban was still in place in all or part of only 19 counties.

The agency’s board decided in May to lift the ban completely. DNR Administrative Warden Matt O’Brien wrote in an October memo the change was meant to streamline deer hunting rules. It also had become difficult for the agency to back up the idea that shotguns were safer when rifles had always been legal for hunting coyote, fox and bear, he wrote.

Or a better way of saying is that Wisconsin gun laws have always been a mess and will continue to be so because of patchwork regulations.  And isn’t it interesting that the original justification (i.e., game management) had to be replaced with something else (i.e., public safety) because the government likes laws and reflexively regulates and controls, whether the justification exists or not.

I have advocated disobedience to unrighteous laws, but it’s still true that one pleasure the righteous man enjoys is obedience to righteous laws.  The good man knows that a truthful hunt for perpetrators of murder and theft won’t roll him into the tide because he is not guilty.

But untruthful and indiscreet law enforcement works just like patchwork regulations and laws.  They frustrate the righteous man because what’s legal over here isn’t over there, and what’s legal now won’t be tomorrow.  If you get caught not knowledgeable on all of the impossible nuances, evolutions and exigencies of the laws, you’re turned into a lawbreaker by prosecutors who have no concept of true justice.  They know the law, but not intrinsic good.

The justification against preemption of state laws by the federal government is the same as that by localities, municipalities, cities and townships.  Patchwork regulation frustrates and mocks the righteous man, and replaces intrinsic good with the law.  Patchwork regulation is fundamentally wicked.


Comments

  1. On November 4, 2013 at 8:10 am, Inquiring Minds said:

    “Hunters will have to literally check the specific rules for every community they hunt, and don’t think that a single round of phone calls will be sufficient for your whole season,”

    I enjoyed a brief moment of satisfaction, picturing thousands of hunters flooding the phones of petty bureaucrats daily with inquiries of what the law currently allows and restricts. Rinse and repeat tomorrow, and the next day, and the next day….

    Don’t be satisfied with “The laws haven’t changed.” Ask dozens of questions about minutiae and irritating details. “What if my shotgun has a different camo pattern, does that change the interpretation of the law?”

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Patchwork Gun Laws", entry #11475 on The Captain's Journal.

This article is filed under the category(s) Guns and was published November 3rd, 2013 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (679)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (34)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (18)
Ammunition (84)
Animals (46)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (197)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (74)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (6)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (84)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (16)
Body Armor (18)
Books (3)
Border War (11)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (10)
CIA (27)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (216)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (148)
Department of Homeland Security (23)
Disaster Preparedness (3)
Distributed Operations (5)
Dogs (12)
Donald Trump (25)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (30)
Featured (180)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,044)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (43)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,114)
Guns (1,546)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (13)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (22)
ICOS (1)
IEDs (7)
Immigration (85)
India (10)
Infantry (4)
Information Warfare (2)
Infrastructure (2)
Intelligence (23)
Intelligence Bulletin (6)
Iran (169)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (62)
Islamists (92)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (4)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (7)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (258)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (43)
Memorial Day (5)
Mexican Cartels (35)
Mexico (49)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (5)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (19)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (64)
NATO (15)
Navy (22)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (57)
Nuristan (8)
Obama Administration (219)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (60)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (431)
Police in COIN (3)
Policy (15)
Politics (478)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (167)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (29)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (272)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (20)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (5)
Survival (27)
SWAT Raids (55)
Syria (38)
Tactical Drills (1)
Tactical Gear (4)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (17)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (9)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (19)
TSA Ineptitude (12)
TTPs (1)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (56)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (220)
War & Warfare (40)
War Movies (3)
War Reporting (19)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (63)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2019 Captain's Journal. All rights reserved.