A judge in Wisconsin has ruled that Wisconsin’s total ban on concealed
carry is unconstitutional, leaving only Illinois with a complete ban. Other states that are in jeopardy of having their CHP laws ruled
unconstitutional are those which are “may issue” and do not issue
permits in an equitable manner to all law abiding citizens: Maryland,
New York, Massachusetts, and Hawaii. As to what this means exactly for Wisconsins is unknown at the moment.
Wisconsin could take a “may issue” approach to concealed carry of
weapons. ========== “Judge rules concealed carry ban unconstitutional”
by WRN Contributor on October 14, 2010 in Crime & Courts A Clark County judge says Wisconsin’s ban on carrying concealed
weapons is unconstitutional. In the case, authorities charged a Sauk
City man with carrying a concealed weapon, after he admitted he had a
knife in his waistband. He never threatened anyone. In light of the
landmark Supreme Court ruling in McDonald v. City of Chicago, attorney
William Poss filed a motion to dismiss the case on constitutional
grounds. Judge Jon Counsell obliged Wednesday, ruling the law is
overly broad and violates both the Second and Fourteenth Amendments of
the Constitution. “The government has to have a compelling state interest to do so
(restrict the right to carry) and they have to have the least
restrictive means of doing that,” said Poss. “Public safety obviously
is a state interest, but there’s all kinds of ways to do that in this
regard.” In his decision, Counsell states the law forces citizens to
“go unarmed (thus not able to act in self defense), violate the law
or carry openly,” but notes displaying weapon’s openly isn’t a
“realistic alternative.” As of now, the decision only sets a precedent in Counsell’s court, but
Poss expects the case will be appealed. “It’s ultimately going to get
to either the Wisconsin Supreme Court and or the United States Supreme
Court one way or another,” he predicted. The decision was disseminated
around the state Wednesday, and Poss already had 50 congratulatory
phone messages or e-mails from colleagues by Wednesday afternoon.
“There’s a lot of interest in this obviously,” he said. “It’s not a
left or right type of thing quite frankly. It’s a liberty thing.” Clark County Assistant District Attorney Dick Lewis said he has 20
days to appeal the ruling, and no decision has been made. Wisconsin is
one of only two states which completely ban carrying concealed
weapons. From the Wisconsin Radio Network: http://tinyurl.com/2673w8f
carry is unconstitutional, leaving only Illinois with a complete ban. Other states that are in jeopardy of having their CHP laws ruled
unconstitutional are those which are “may issue” and do not issue
permits in an equitable manner to all law abiding citizens: Maryland,
New York, Massachusetts, and Hawaii. As to what this means exactly for Wisconsins is unknown at the moment.
Wisconsin could take a “may issue” approach to concealed carry of
weapons. ========== “Judge rules concealed carry ban unconstitutional”
by WRN Contributor on October 14, 2010 in Crime & Courts A Clark County judge says Wisconsin’s ban on carrying concealed
weapons is unconstitutional. In the case, authorities charged a Sauk
City man with carrying a concealed weapon, after he admitted he had a
knife in his waistband. He never threatened anyone. In light of the
landmark Supreme Court ruling in McDonald v. City of Chicago, attorney
William Poss filed a motion to dismiss the case on constitutional
grounds. Judge Jon Counsell obliged Wednesday, ruling the law is
overly broad and violates both the Second and Fourteenth Amendments of
the Constitution. “The government has to have a compelling state interest to do so
(restrict the right to carry) and they have to have the least
restrictive means of doing that,” said Poss. “Public safety obviously
is a state interest, but there’s all kinds of ways to do that in this
regard.” In his decision, Counsell states the law forces citizens to
“go unarmed (thus not able to act in self defense), violate the law
or carry openly,” but notes displaying weapon’s openly isn’t a
“realistic alternative.” As of now, the decision only sets a precedent in Counsell’s court, but
Poss expects the case will be appealed. “It’s ultimately going to get
to either the Wisconsin Supreme Court and or the United States Supreme
Court one way or another,” he predicted. The decision was disseminated
around the state Wednesday, and Poss already had 50 congratulatory
phone messages or e-mails from colleagues by Wednesday afternoon.
“There’s a lot of interest in this obviously,” he said. “It’s not a
left or right type of thing quite frankly. It’s a liberty thing.” Clark County Assistant District Attorney Dick Lewis said he has 20
days to appeal the ruling, and no decision has been made. Wisconsin is
one of only two states which completely ban carrying concealed
weapons. From the Wisconsin Radio Network: http://tinyurl.com/2673w8f