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Milwaukee trial judge rules CCW unconstitutional as applied
Story here: now, it is a trial court, not an appellate one, and it is "as applied," in the context of a pizza deliveryman in a high-crime area.
Reading the opinion (linked to that page): He defended himself against an armed robbery, and was then charged with CCW for it. It wasn't the first time. The court applies the new state constitutional amendment on arms, the Wisconsin caselaw construing it, which essentially requires for concealed carry that the individual's need to carry outweigh the state's interest in enforcing CCW bans, and that the situation be such that open carry wasn't a feasible way to exercise the right to arms. The trial court concluded both were true and dismissed the prosecution.
Hat tip to Budd Schroeder....
Comments
Interesting quote:
"Deputy District Attorney Kent Lovern said the office has no plans to appeal the decision. An appeal could give a higher court an opportunity to hand down a precedent-setting decision on whether the concealed-carry prohibition is constitutional, whereas Noonan's decision applies only to Vegas's case."
That is a)cowardice on the DA's part, and b) an indication that the times, they are a'changing
Posted by: Ian Argent at September 25, 2007 12:55 PM
Yes. In Hamden (4-5 years ago) the Wisconsin Supreme Court requested that the Legislature deal with the CCW situation. It has, twice I believe, but Democrat Governor Doyle keeps vetoing the bills. The Supreme Court WILL solve the problem if it gets a case.
Posted by: 30yearprof at September 25, 2007 01:40 PM
There can be no law, justified by "experiency" as in the case of anti- concealed carry legislation, that trumps the plain language of Art. I, Sec. 25, Wis. Const. Such anti-contitutional legislation is a tyranny of the worst and most odious kind and does not deserve to be taken seriously by free citizens.
Posted by: Wadwizard at September 26, 2007 06:47 PM