To amend section 25 of article I of the constitution; Relating to: the right to keep and bear arms (first consideration).
Note
The resolution requires approval by two successive legislatures and subsequent ratification by the electorate, indicating a long process before it could take effect.
Impact
If passed, SJR105 would significantly shape the legal landscape regarding gun ownership and control in Wisconsin. By establishing strict scrutiny for any limitations placed on the right to bear arms, the amendment would likely raise the bar for legal challenges surrounding firearm regulations. This might discourage local governments from enacting stringent gun control measures, affecting how firearms are regulated at both state and local levels.
Summary
Senate Joint Resolution 105 (SJR105) proposes an amendment to the Wisconsin Constitution aimed at strengthening the right to keep and bear arms. The amendment enshrines the right to keep and bear arms as an inalienable and fundamental individual right, which shall never be infringed. It maintains the existing language in the state constitution while emphasizing that any restrictions on this right must undergo strict scrutiny, a legal standard requiring that such limitations serve a compelling state interest and are narrowly tailored to achieve that interest.
Contention
The proposal could spark a considerable debate among lawmakers and constituents. Proponents of the measure argue that it is a necessary reinforcement of constitutional rights, aligning with broader sentiments about individual freedoms and personal security. However, opponents may view the resolution as complicating the state's ability to regulate firearms effectively, raising concerns about public safety and the balancing of rights within the community. The emphasis on strict scrutiny could result in legal challenges against existing regulations, potentially altering how firearms laws are understood and enforced.