Judge rules concealed carry ban unconstitutional (WI)

[Hazcat]

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.

http://www.wrn.com/2010/10/county-judge-rules-concealed-carry-ban-unconstitutional/

[bryand71]

Good for that Judge in using some common sense! 

[Bidah]

So, if they don't appeal, it stands.  If they do, it could be overturned, or it could go a long way and end up being one of those watershed cases.  I wonder how long they are going to consider this?

Very interesting.

-Bidah

[TAB]

It will be appealed. Trust me.

At this point, its neither good or bad.   It is a 1st step, but the next step will be the important one.

[fightingquaker13]

It will be appealed. Trust me.

At this point, its neither good or bad.   It is a 1st step, but the next step will be the important one.

Maybe not. Its only a county judge. If they leave it alone, its precedent, but not binding on other courts outside the county. If I were an anti-AG, I'd let it go. Then iet a few folks who use this precedent in more anti-counties lose. After that, the next time Poss' ruling is upheld, THEN I'd appeal. That way I could show the appellate court a divided opinion on Mccdonald's bearing on CCW, rather than just the one case. On the other hand, if I just wanted the issue to go away and really didn't care either way, I'd appeal and punt to the courts. Let them figure it out.
FQ13

[Sponsor]

[Rob10ring]

Maybe not. Its only a county judge. If they leave it alone, its precedent, but not binding on other courts outside the county. If I were an anti-AG, I'd let it go. Then iet a few folks who use this precedent in more anti-counties lose. After that, the next time Poss' ruling is upheld, THEN I'd appeal. That way I could show the appellate court a divided opinion on Mccdonald's bearing on CCW, rather than just the one case. On the other hand, if I just wanted the issue to go away and really didn't care either way, I'd appeal and punt to the courts. Let them figure it out.
FQ13

Unfortunately, there is often that kind of back-handedness in the courts on many issues. Law and what is right should be more clear, but people like to twist truth to fit whatever they want at the time. Is it time to hit "reset" yet?