NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: Dan W on October 18, 2010, 10:47:10 PM
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WI Judge Rules Concealed Carry Ban Unconstitutional
And another anti-gun law domino falls ? thanks to the U.S. Supreme Court?s McDonald v. City of Chicago ruling.
http://www.ammoland.com/2010/10/15/judge-rules-concealed-carry-ban-unconstitutional/
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.?
Read more at the link
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Thanks for the link, Dan.
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That is refreshing news. I believe the Wisconsin legislature has passed CC a couple of times only to be vetoed by their idiot Governor.
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We continue to make small gains nation wide. We need to keep the ball rolling and hopefully it will pick up momentum. Wisconsins' Governor needs to go.
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Folks in Wisconsin think they have a good chance to elect a Governor that will see things the right way, but if this holds up on appeal, CCW permits in Wisconsin will be unnecessary.
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Well it is now after the election and Wisconsin has thrown out the anti gun Democrats all across the board. Wisconsin now has a republican majority in both state houses along with a pro gun governor. Also US Senator Russ Feingold was finally thrown out. In the past Wisconsin has always been known as a blue blue state. What a turn around this election cycle has brought. Wisconsin is expected to pass and sign into law CCW legislation this upcoming session. :-)
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Wouldn't pressing the issue of CCW being unconstitutional be the prudent way to proceed?
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Folks in Wisconsin think they have a good chance to elect a Governor that will see things the right way, but if this holds up on appeal, CCW permits in Wisconsin will be unnecessary.
From No-Carry to Vermont style Carry in one fell swoop!
Wouldn't pressing the issue of CCW being unconstitutional be the prudent way to proceed?
I do believe so, Dan.
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Vermont style (aka Constitutional style) is what we ALL need!
Wouldn't that also leave Illinois as the only state to completely ban all forms of CC? Still a Long way to go but the progress in the last several yrs has been amazing. Think back to the status of gun rights in 1995 compared to now, for instance.
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Yes, it would be best to shoot for Constitutional Carry in Wisconsin. However I don't know how much of a chance that has in passing the legislature.
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The point is that it does not have to pass in the Legislature. A court has ruled already that CCW without a permit is legal
A Clark County judge says Wisconsin?s ban on carrying concealed weapons is unconstitutional.