AG Defends Concealed Carry Rules

DOJ Drafts Rules To Enact New Law

Updated: 9:54 pm CDT October 6, 2011

Attorney General J.B. Van Hollen is defending the state Justice Department's concealed carry regulations.

The Department of Justice is drafting rules to enact a new law that allows Wisconsin residents to carry concealed weapons.

The National Rifle Association sent Van Hollen a letter Wednesday accusing the DOJ of going beyond the law's intent by imposing a minimum of four hours of training that must include hands-on practice.

"There is not a one-size-fits-all requirement for those who seek to obtain a conceal carry permit," said Rachel Parsons, NRA spokeswoman. "What is most important here is that there is a training provision that a person needs to take a firearm safety course in order to obtain their conceal carry permit, and it mirrors some of the greatest conceal carry language in the country."

Van Hollen said the law calls for training but doesn't clearly define it. Rather than laying a curriculum, the agency decided that setting a minimum time requirement would deter judges from later dictating how much training is needed.

Van Hollen said the DOJ researched the industry and what the market requires now. He said that led to the decision requiring applicants to undergo four hours of firearms safety training as well as requiring instructors sign the proof of training certificates and say where the training took place. He said the law allows instructors to set training parameters.

"I'm a member of the NRA. I think they do a great job and they have a great role to play," Van Hollen said. "I'm a little surprised that they're objecting to what we're doing because in large part what we're doing is protecting the Second Amendment believer who is going to use this law. We're protecting them by making sure this law is enforceable and this law is defensible and that someone's not going to come along and give a training requirement that is more onerous."

He said the agency won't create any other restrictions on training. Van Hollen said the NRA's assertion the agency will require hands-on practice is inaccurate.

The statute clearly sates the DOJ's rules cannot require live firearm training.

The DOJ's rules will now go to Gov. Scott Walker, who has to approve them. The public will eventually have the opportunity to comment on the rules, and the state Legislature could potentially reject these rules.

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