10/19/2010

A copy of the Wisconsin Judge's decision striking down the state's ban on concealed carry is available here

This is one of my favorite paragraphs in the decision.

The Hamdan decision also shows that an absolute ban on concealed carry is not least restrictive. At the time Hamdan was written, Wisconsin was “one of only six states that generally disallow any class of ordinary citizens to lawfully carry concealed weapons.” As of now, Wisconsin is one of only two States that do not permit the carrying of concealed weapons under any circumstances. Halbrook, Firearms Law Deskbook, 2009-2010 Edition, Appendix A. Thus when Hamdan was written there were 44 States, and now there are 48 States, that have an alternative that is less restrictive than Wisconsin’s absolute prohibition. Despite the varying concealed carry laws allowing “ordinary” citizens to carry concealed weapons in 48 States, there have been no shootouts in town squares, no mass vigilante shootings or other violent outbreaks attributable to allowed concealed carry. 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. . . .

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1 Comments:

Blogger Kentucky Packrat said...

It has got to be nice to have a judge quoting your own material. :)

It is also nice to see Justice Thomas' view of Second Amendment and immunities and privileges being quoted. Justice Thomas pole-vaulted himself well past Justice Scalia on my favorites list with that opinion. I suspect that the appeals courts will try to forget Judge Counsell ever mentioned the idea.

10/20/2010 1:17 AM  

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