10/19/2010

Concealed carry allowed in a small part of Wisconsin

At least until a higher court intervenes, people in this small part of Wisconsin governed by this local court can carry a concealed weapon.

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.” . . .


Via Althouse.

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1 Comments:

Blogger William Tyroler said...

The Clark County judge viewed Wisconsin's carrying concealed weapon statute as overly restrictive, and therefore unconstitutional, in large part because, "There is a strong argument that guns, and concealed carry of them, makes citizens safer. See John Lott, More Guns, Less Crime, Third Edition, 2010, The University of Chicago Press."

10/19/2010 9:39 PM  

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