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In Wisconsin: Concealed Carry Ban Ruled Unconstitutional

Judge rules state concealed carry ban unconstitutional stating the law is overly broad and violates both the Second and Fourteenth Amendments of the Constitution.

A civil rights victory.

15 Responses to “In Wisconsin: Concealed Carry Ban Ruled Unconstitutional”

  1. DaddyBear Says:

    Sweet! I hope that eventually all civil rights can be enjoyed without a permit.

  2. Gunmart Says:

    A victory indeed! I actually hope they appeal this so that the US Supreme Court can set a precendent here. Thats a powerful statement made by the Wisconsin judge!

    “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.”

  3. Gunmart Says:

    Oh, and I just realized it was all over a concealed knife! Thats awesome! 😀

  4. mikee Says:

    “Its a liberty thing.”

    Absolutely correct, and the whole point of the challenge to the current law.

  5. Reputo Says:

    So does that mean that Wisconsin is the 4th constitutional carry state? (At least until politicians craft some restrictive concealed carry law).

  6. Ron W Says:

    This is finally a correct ruling–from the Federal standpoint. If a State is denying the Bill of Rights in any part, the 14th Amendment forbids that denial.

    But in the matter of additional and expansion of rights, States supercede the Federal Gov’t according to the 9th and 10th Amendments. Here in Tennessee, our Declaration of Rights enumerates the right of the citizens of this State, apart from militia service, to keep AND BEAR (which means CARRY) arms for self-defense. The only legislative power the State has is to “regulate the wearing (how the arms are carried) with a view to prevent crime”.

  7. Standard Mischief Says:

    Yes, its about time everyone realized that the government is just as much restrained from infringing on that folding knife in your pocket as that AR-15.

    Arms don’t need to go “bang” to be arms.

  8. Wolfwood Says:

    The question right now is whether the State of Wisconsin will appeal this ruling. If I understand correctly, this is just a circuit court’s ruling: it has power only over Clark County, WI. It would take an appeal to whatever Wisconsin has by way of appellate court(s) to have it apply statewide.

    The prosecutors could appeal either because they oppose the right to carry and want it prohibited or because they support it and want it applied statewide. If the latter, they would have to look to see whether the decision is likely to be reversed on appeal (or superseded by some other case later on) and decide if they’re happy simply having that ruling be in effect in Clark County.

  9. Ron W Says:

    In our Constitutional Republic, the only restrictions on the keeping and carrying of arms are to be on government officials and agents while they are in our employ, accordingly:

    “It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.” –Robert H. Jackson, Supreme Court Justice

  10. John Smith. Says:

    Score one for the good guys up yours to the bad guys.

  11. Bubblehead Les Says:

    Is that the sound of an Anti’s head exploding in the distance?

  12. WPZ Says:

    Speaking as a Chicagoan with many friends, activities, and lots of time north of the Cheese Curtain:
    This is especially ironic, and poetic as well, given that Wisconsin’s gun-rights movement bet the farm on a Wisconsin Supreme Court case and decision a very few years ago that citizen carry would be legalized by judicial decree.
    They believed that their case, based upon a Milwaukee man arrested for carrying a concealed pistol, was so close to ironclad that their bitter double defeat of carry legislation by gubernatorial veto would pass into memory.
    However, the Wisconsin Supreme Court somehow did not rule that the constitution was being violated by the state’s ban on citizen carry after all, and the entire bandwagon ground to a pained halt.
    It so happens I’d been shooting with a Dairy State gun-rights lobbyist and his optimism was bordering on infectious prior to the Supremes failing the test.
    A judge driving carry rights is a form of justice, indeed.

  13. Brian Says:

    The judge also pointed out the five men in Madison who were harassed at the Culver’s restaurant.

    Unfortunately, the GOP will scramble to shoot itself in the foot with this one and hurry up and pass mess of pottage for which we’re supposed to exchange the rights.

    The cops can’t even respect our open carry laws and rights, so why trust them to honor any CCW laws and protections?

    Support Constitutional Carry!

  14. Jim Says:

    Welcome to America, the most violent of the developed nations in the world.

  15. SayUncle Says:

    Welcome to America, the most violent of the developed nations in the world.

    that statement is false.