Michael Landon
10-14-2010, 04:11 PM
Clark County, WI: Judge rules Wisconsin's conceal carry ban unconstitutional
A Clark County judge has ruled that Wisconsin's ban on conceal carry of a weapon is overly broad and unconstitutional in light of the recent Heller and McDonald landmark US Supreme Court cases.
http://www.wisconsinappeals.net/wp-content/uploads/2010/10/Schultz1.pdf
This is good news in light of other recent happenings in Wisconsin including Jackson County DA Gerald Fox refusing to prosecute weapon possession charges unless there was a crime committed as well as Waukesha County DA Brad Schimel refusing to prosecute a vehicle carry charge against a law-abiding citizen citing in part the McDonald decision at the US Supreme Court which could present a constitutional challenge to Wisconsin's vehicle Carry law.
What does this mean:
This is a decision by a circuit court Judge in Clark County, WI. There are other circuit court judges in Clark County and its possible (but very unlikely) another judge in the same county could conceivably come to a different decision in an identical case tomorrow.
IF the case is appealed and upheld, that would carry much more significance in terms of striking a fatal blow to Wisconsin's conceal carry ban.If its appealed and upheld, Wisconsin's conceal carry ban would be dealt a serious blow statewide.
So there may be a tremendous risk for the state to appeal the decision which could open up the right to carry as one chooses (for non felons etc) with very few restrictions. The state may want to leave this decision as it is now, limited to Clark County and ambiguous as to its effect elsewhere and hope the legislature comes up with something that (to use the judges words) is less like "a leaden blanket where silk would suffice."
One of Wisconsin Carry's attorney's is reviewing the decision as we speak. I will send updates as they become available.
Carry On, Nik ClarkChairman/President - Wisconsin Carry, Inc. www.wisconsincarry.org
A Clark County judge has ruled that Wisconsin's ban on conceal carry of a weapon is overly broad and unconstitutional in light of the recent Heller and McDonald landmark US Supreme Court cases.
http://www.wisconsinappeals.net/wp-content/uploads/2010/10/Schultz1.pdf
This is good news in light of other recent happenings in Wisconsin including Jackson County DA Gerald Fox refusing to prosecute weapon possession charges unless there was a crime committed as well as Waukesha County DA Brad Schimel refusing to prosecute a vehicle carry charge against a law-abiding citizen citing in part the McDonald decision at the US Supreme Court which could present a constitutional challenge to Wisconsin's vehicle Carry law.
What does this mean:
This is a decision by a circuit court Judge in Clark County, WI. There are other circuit court judges in Clark County and its possible (but very unlikely) another judge in the same county could conceivably come to a different decision in an identical case tomorrow.
IF the case is appealed and upheld, that would carry much more significance in terms of striking a fatal blow to Wisconsin's conceal carry ban.If its appealed and upheld, Wisconsin's conceal carry ban would be dealt a serious blow statewide.
So there may be a tremendous risk for the state to appeal the decision which could open up the right to carry as one chooses (for non felons etc) with very few restrictions. The state may want to leave this decision as it is now, limited to Clark County and ambiguous as to its effect elsewhere and hope the legislature comes up with something that (to use the judges words) is less like "a leaden blanket where silk would suffice."
One of Wisconsin Carry's attorney's is reviewing the decision as we speak. I will send updates as they become available.
Carry On, Nik ClarkChairman/President - Wisconsin Carry, Inc. www.wisconsincarry.org