Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Wisconsin Circuit Court Sides With Gun Owners!

Monday, September 24, 2007

Today, Monday, September 24, the 31st Circuit Court of Milwaukee County ruled that the Concealed Carry Weapons (CCW) statute was unconstitutional as applied to a particular defendant -- in this case, a pizza delivery driver who carried a gun for self-defense on the job, after being robbed repeatedly in a high crime area.

Andres Vegas is a pizza delivery driver and has been robbed and mugged while attempting to deliver a pizza on four different occasions.  The first time was in March of 2005.  The second time was July 14, 2006, when Vegas was attacked and threatened at gunpoint.  Vegas, armed with a firearm, exercised
his constitutional right of self-defense and shot one of the assailants.  Vegas was not charged with the crime of carrying concealed and was ruled as acting in self defense.  Not only was his firearm confiscated at the time of arrest, but it was never returned.  He was subsequently told by the prosecuting District Attorney that if he were to use a firearm in self-defense again he would be prosecuted.

On September 13, 2006, an unarmed Vegas -- acting under the orders of the District Attorney to avoid prosecution -- was robbed, beaten, and sprayed with pepper spray by three assailants.  Consequently Vegas went out and purchased another firearm.  On January 4, 2007, Vegas was again attempting to deliver a pizza when two men approached him and pointed a gun in his face.  This time, he responded by again exercising his right to self-defense and shot his assailant in the hip.  Vegas then secured his assailant' s firearm along with his, placed them both on the roof of his car, dialed 911, and waited for the police to arrive.  The DA determined that he acted in self defense, but he was subsequently charged with CCW for the moments before he was assaulted and defended.

Even though this charge was brought forward by the DA’s office, the court has ruled in favor of Vegas
, saying:

“Defendant Vegas has demonstrated the requisite extraordinary circumstances that warrant his concealed weapon…Vegas legally purchased his firearm for the purpose of security and protection.  There is a strong inference that Vegas’ concealed firearm has saved his life during these violent assaults…Vegas has a substantial interest in being secure and protecting himself by carrying a concealed weapon.”

“This Court is not convinced that there are any reasonable alternatives that would have secured Vegas’ safety.  Vegas' concealed weapon has most likely saved his life on several occasions; this the State cannot ignore.  The State has conceded that Vegas did not have an unlawful purpose for concealing a weapon.  Given the totality of the circumstances, this Court is satisfied that the Defendant has affirmatively answered the two-prong analysis as outlined in Hamdan and Fisher and thus grants the Defendant’s motion to dismiss.”  

This is a giant step forward in the battle for Right-to-Carry in Wisconsin.  This court ruling will likely lead to future citizens exercising their right to self-defense by carrying concealed firearms.  Unfortunately this will likely lead to subsequent prosecutions, but this circuit court ruling will become a perfect example of law-abiding citizens' need for concealed firearms for protection against crime, especially in high crime areas such as Milwaukee.

TRENDING NOW

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

News  

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

News  

Friday, July 20, 2018

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

With shows like “Tales of the Gun” and “Mail Call” with R. Lee Ermey, the History Channel has often served as a place where gun owners can enjoy entertainment free from the anti-gun political messaging ...

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

News  

Friday, July 20, 2018

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

Another chapter in the lengthy tale of gun control duplicity was written last week. On July 10, The Washington Free Beacon published a report of a video of Democratic nominee for New York’s rural upstate 21st congressional district Tedra ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

Washington: NRA and SAF File Lawsuit Against City of Seattle

Friday, July 20, 2018

Washington: NRA and SAF File Lawsuit Against City of Seattle

On Friday, July 20th, the NRA and the Second Amendment Foundation filed a lawsuit against the City of Seattle, Mayor Jenny Durkan, and others, to invalidate the mandatory firearm storage ordinance that was recently passed by ...

Gallup: Gun Control Not High on List of Problems

News  

Gun Laws  

Friday, July 20, 2018

Gallup: Gun Control Not High on List of Problems

Gallup’s July survey found that the number of Americans who cited guns or gun control as the most important problem facing America had returned to levels similar to before the shooting in Parkland, Fla. This month, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.