Wisconsin Carry Fails

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, Feb 1, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Veto override fails by two votes (original supporters refused to vote against the governor and changed their votes, just like last time)
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Still four states with no concealed carry even technically legal.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    And a fight in the Supreme Court over the constitutional right to bear arms, in which the NRA was involved, loses.

    This opinion issued today.

    Here is the opinion: http://www.courts.state.wi.us/sc/opinio ... eqNo=25165

    Facts:
    Man who carries lots of cash (owns a bar) had gun in center console of car. Arrested.

    Constitution:
    The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

    Statute:
    Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

    Holding:
    Statute does not violate constitution. WHY NOT :?: Well, because.

    . . . the test for the constitutionality of a regulation of that right depends on whether the regulation is a reasonable exercise of the state's inherent police power.

    Sound familiar? :cry:
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Dissent:

    . . . in light of our constitutional amendment which grants Wisconsin citizens the right to bear arms "for security, defense, hunting, recreation or any other lawful purpose," a statutory prohibition on carrying concealed weapons at all times, under all circumstances, the sole exception being for peace officers, is not a reasonable exercise of the state's police powers.

    and


    Wisconsin and Illinois are the only states, except Alaska and Vermont, without a law allowing residents to obtain permits to carry concealed weapons.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You HAVE to click on the link and read the case.

    The Supreme Court essentially holds that there is a right to carry a concealed weapon if you live in a really, really dangerous neighborhood, but that you do not qualify if only 4 businesses around you have been robbed in the last year and another bar owner had his throat cut.

    If FBI statistics show your town is about average on crime - no constitutional right.

    If it is really, really dangerous, then you DO have a constitutional right.

    Oh, and the jury does not make this factual determination. The judge makes it as a matter of law.

    Read it and weep.
     
  6. jrm

    jrm Sledgehammer

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    The irony is that the author of the dissent, Justice Crooks, first ran for the supreme court as a conservative who would be tough on crime. The "soft on crime" yet liberal majority has no trouble being tough on a businessman wishing to exercise his constitutional rights.
     
  7. Gunstar1

    Gunstar1 Administrator

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    Well we now know that Wisconsin's SC thinks "reasonable restriction" can mean total ban.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Milwaukee, Wisconsin

    From TheMilwaukeeChannel.com of January 5, 2007
    Police: Delivery Driver Shoots Teen Trying To Rob Him

    Teen's Injuries Not Life-Threatening

    A Milwaukee pizza delivery man shot a 16-year-old who tried to rob him, according to Milwaukee police.

    It happened at 8:30 p.m. Thursday near 22nd and Hadley streets on the city's north side.

    The delivery driver worked for Mona Lisa Pizza.

    The delivery driver's case has been referred to the district attorney's office, which is standard procedure, but it appears he was protecting himself, 12 News reporter Brenday Conway said.

    Police said the 16-year-old armed suspect tried to rob the delivery driver and instead of giving the boy money, the man pulled out a gun and fired.

    The boy was shot three times in the stomach, according to police.

    The injuries are not considered life-threatening.

    Last summer, a Milwaukee pizza delivery driver shot a teenage boy who tried to hold him up. That teenager also lived. The delivery driver was not criminally charged.