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WI Judge rules CC ban unconstitutional

gesshotsgesshots Member Posts: 14,186 ✭✭✭
This came in today's mail:
Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html

And another domino falls - thanks to the U.S. Supreme Court's McDonald v. City of Chicago ruling.

A judge in Wisconsin has ruled that Wisconsin's total ban on concealed carry is unconstitutional. There are only two states with such a ban - Wisconsin and Illinois. Other states that are in jeopardy of having their CHP laws ruled unconstitutional are those which are "may issue" and do not issue permits in an equitable manner to all law abiding citizens (such as Maryland, New York, Massachusetts, and Hawaii).

I cannot determine at this time if the ruling means that one can carry concealed in Wisconsin without a CHP while the ruling is being appealed.

Constitutional Carry (open and concealed carry without needing a CHP) is on VCDL's list of things to be accomplished. Hopefully the good people of Wisconsin will get a taste of that, even if only for a little while.

On the humorous side, Josh Sugarman, with the anti-gun Violence Policy Center, has a rant in the Huffington Post decrying the judge as being an "activist judge."

Oh, that is REALLY rich coming from Josh. He has always been perfectly happy with judges ruling against the Constitution and for gun control. But let a judge follow the Constitution and he is an "activist." I almost sprayed my keyboard when I saw Josh's op-ed.

From the Wisconsin Radio Network: http://tinyurl.com/2673w8f

Judge rules concealed carry ban unconstitutional

by WRN Contributor on October 14, 2010

in Crime & Courts

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."

As of now, the decision only sets a precedent in Counsell's court, but Poss expects the case will be appealed. "It's ultimately going to get to either the Wisconsin Supreme Court and or the United States Supreme Court one way or another," he predicted. The decision was disseminated around the state Wednesday, and Poss already had 50 congratulatory phone messages or e-mails from colleagues by Wednesday afternoon. "There's a lot of interest in this obviously," he said. "It's not a left or right type of thing quite frankly. It's a liberty thing."

Clark County Assistant District Attorney Dick Lewis said he has 20 days to appeal the ruling, and no decision has been made. Wisconsin is one of only two states which completely ban carrying concealed weapons.

Comments

  • Horse Plains DrifterHorse Plains Drifter Member Posts: 35,557 ✭✭✭
    edited November -1
    quote:Originally posted by gesshots
    This came in today's mail:
    Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html

    Other states that are in jeopardy of having their CHP laws ruled unconstitutional That would be 47 states that have unconstitutional "CHP" laws.
  • wpagewpage Member Posts: 10,191 ✭✭✭
    edited November -1
    If you strap on a gun and wear it round NJ. You will be locked up in no time...
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by wpage
    If you strap on a gun and wear it round NJ. You will be locked up in no time...



    How so? Why would anyone know you were carrying?
  • torosapotorosapo Member Posts: 4,946
    edited November -1
    quote:Originally posted by ECC
    quote:Originally posted by wpage
    If you strap on a gun and wear it round NJ. You will be locked up in no time...



    How so? Why would anyone know you were carrying?



    No nobody would know' but what good is a gun if when you use it to defend yourself you get locked up and become a felon yourself. Sure most states concealed carry laws suck and alot of us think they are unconstitutional. I myself would rather play the game the way the rules are written than go to jail. Saying that I don't carry concealed due to my states laws except when I'm on the ranch where I live.
  • wpagewpage Member Posts: 10,191 ✭✭✭
    edited November -1
    Good points. Here in the peoples republic of New Jersey like anywhere else you can violate the law and take your chances. It would be far better if the law had some respect for the 2nd amendment...
    The story about the poor guy gunned down at the Costco by police. If you are not permitted its a whole other story.
  • FISHERRIDGESPORTINGFISHERRIDGESPORTING Member Posts: 132 ✭✭✭
    edited November -1
    Here in Kentucky we can strap on what every we want, Ar, AK, pistol, sub gun and walk any street we want to, we have an open carry law here, we also if you want have conceal carry, but that requires background check and training.

    God Bless the Commonwealth of Kentucky.
  • Horse Plains DrifterHorse Plains Drifter Member Posts: 35,557 ✭✭✭
    edited November -1
    quote:Originally posted by FISHERRIDGESPORTING
    , but that requires background check and training.

    God Bless the Commonwealth of Kentucky.
    Yeah, God bless 'em!!
  • Stevan1Stevan1 Member Posts: 138 ✭✭✭
    edited November -1
    quote:Originally posted by Horse Plains Drifter
    quote:Originally posted by FISHERRIDGESPORTING
    , but that requires background check and training.

    God Bless the Commonwealth of Kentucky.
    Yeah, God bless 'em!!
    Hey Horse Face, I got an Iowa permit to carry. ,I can carry an AK, AR, Shot Gun, switch blade knife, concealed or Open. On Jan 1, Iowa residents without criminal records can all do same with only an NRA Approved Classroom Course. NO Range time required. Does this still sound like Babooney as you called me out on? Come on now, let's hear what Gun Rights you have in Washington. Come on big boy, you want to go shoot your mouth off and tell me you know more about Iowa Gun Rights than me. Hah, thought not. Didn't see you here in Iowa on the campaign to get the laws changed. Plenty of NRA members and Officials were here in the state to fight for them though.

    Oh yes, that's right, you didn'tpay your dues. You left it to us and then you call us "Babooney." Oh yes, I am going to remember you.
  • skicatskicat Member Posts: 14,431
    edited November -1
    quote:Originally posted by Stevan1
    quote:Originally posted by Horse Plains Drifter
    quote:Originally posted by FISHERRIDGESPORTING
    , but that requires background check and training.

    God Bless the Commonwealth of Kentucky.
    Yeah, God bless 'em!!
    Hey Horse Face, I got an Iowa permit to carry. ,I can carry an AK, AR, Shot Gun, switch blade knife, concealed or Open. On Jan 1, Iowa residents without criminal records can all do same with only an NRA Approved Classroom Course. NO Range time required. Does this still sound like Babooney as you called me out on? Come on now, let's hear what Gun Rights you have in Washington. Come on big boy, you want to go shoot your mouth off and tell me you know more about Iowa Gun Rights than me. Hah, thought not. Didn't see you here in Iowa on the campaign to get the laws changed. Plenty of NRA members and Officials were here in the state to fight for them though.

    Oh yes, that's right, you didn'tpay your dues. You left it to us and then you call us "Babooney." Oh yes, I am going to remember you.


    You remind me of those football players who strut around and celebrate a tackle they just made even though their team is behind and going to lose the game. You still need permission to exercise your "God given unalienable right". It is a Pyrrhic victory unless you manage to recognize the difference and continue the struggle. The NRA helped get you half way there and you get no score for that.
  • Stevan1Stevan1 Member Posts: 138 ✭✭✭
    edited November -1
    quote:Originally posted by skicat
    quote:Originally posted by Stevan1
    quote:Originally posted by Horse Plains Drifter
    quote:Originally posted by FISHERRIDGESPORTING
    , but that requires background check and training.

    God Bless the Commonwealth of Kentucky.
    Yeah, God bless 'em!!
    Hey Horse Face, I got an Iowa permit to carry. ,I can carry an AK, AR, Shot Gun, switch blade knife, concealed or Open. On Jan 1, Iowa residents without criminal records can all do same with only an NRA Approved Classroom Course. NO Range time required. Does this still sound like Babooney as you called me out on? Come on now, let's hear what Gun Rights you have in Washington. Come on big boy, you want to go shoot your mouth off and tell me you know more about Iowa Gun Rights than me. Hah, thought not. Didn't see you here in Iowa on the campaign to get the laws changed. Plenty of NRA members and Officials were here in the state to fight for them though.

    Oh yes, that's right, you didn'tpay your dues. You left it to us and then you call us "Babooney." Oh yes, I am going to remember you.


    You remind me of those football players who strut around and celebrate a tackle they just made even though their team is behind and going to lose the game. You still need permission to exercise your "God given unalienable right". It is a Pyrrhic victory unless you manage to recognize the difference and continue the struggle. The NRA helped get you half way there and you get no score for that.
    Oh we are, how about the rest of you? Many of you complain
    about your own rights, but do no more than lip service to improve or protect those rights. Yes, the war is not over as far as guns are concerned. But we did get a victory. "I'm sure even you can mentally understand that we won the first game" How many games on gun ownership and rights have you won this year for your state?

    Yea, I thought Not! You are another one living in your Mom's basement trying to make a name for yourself on a forum. When you start using the Lord God's name in vane as you just did, it really does show your true ignorance of Christianity. You show me a chapter and verse in the Bible that specifically states or refers to guns as a stated by yourself a "God Given Unalienable Right." People like you and Horse Face or Horse Collar or whatever you or he calls himself are a true gun owners enemy. You are the ones who try to stir or dig up discord in gun owners ranks. For over 50 years I have seen punks like you who truly are wolves in sheep's clothing.

    Get out on the street in front of your Capital and demand gun rights. Don't sit there and talk about it. Get off your computer and go win your first battle or game. Act, what was it you said, like a football player who won a game. Got to win a game or two before you get to the play off stupid!
  • pickenuppickenup Member, Moderator Posts: 22,365 ******
    edited November -1
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