Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Wisconsin Court Finds State Carry Ban Unconstitutional -- Time for Voters to Act!

Friday, October 15, 2010

In a ruling that is likely to renew the debate over Wisconsin's laws on carrying firearms, a county trial court has found that a state statute's total ban on carrying concealed weapons violates the Second Amendment to the U.S. Constitution.
 
The ruling, issued Oct. 12 by Judge Jon M. Counsell of the Clark County Circuit Court, dismissed an indictment against Joshua Schultz, who had been arrested for carrying a knife in his waistband, covered by his shirt. 
 
Judge Counsell's opinion found that since the U.S. Supreme Court had held that the Second Amendment protects a fundamental right, any restrictions on that right must pass the Supreme Court's "strict scrutiny" test.  That means the law must be narrowly tailored to serve a compelling state interest, and must be the least restrictive means of serving that interest. 
 
While Judge Counsell agreed that there is a compelling interest in protecting public safety, he also found that the law is (as the Wisconsin Supreme Court has said) "exceptionally restrictive."  He also noted that 48 states now have less restrictive laws than Wisconsin's, yet "there have been no shootouts in town squares, no mass vigilante shootings or other violent outbreaks attributable to allowed concealed carry."
 
Judge Counsell also rejected the argument that concealed carry can be prohibited since open carry is allowed; in support of that argument, he pointed to recent incidents in Wisconsin where people openly carrying firearms have been arrested for "disorderly conduct"--even though the state attorney general has advised agencies against bringing such charges. 
 
This week's opinion is only the latest in a series that have created great uncertainty about the law among Wisconsin gun owners.  In the 2003 case of State v. Hamdan, the Wisconsin Supreme Court held that individuals charged with violating the carry ban can use the state constitution's protection for the right to keep and bear arms as a defense.  The court held that convenience store owner Munir Hamdan, who had been repeatedly robbed and attacked in his store in a high-crime neighborhood, was entitled to raise that defense. 
 
But just three years later, the court ruled in the case of State v. Fisher that a tavern owner in a safer area was not entitled to raise the defense when arrested for carrying firearms in his vehicle.  On the other hand, NRA-ILA supported the successful defense of pizza delivery driver Andres Vegas, who used a gun for self-defense after being the victim of multiple robberies.  (For more information on that case, see http://www.nraila.org/Issues/Articles/Read.aspx?id=261&issue=003)
 
Anticipating the confusion that its rulings might cause, even the Wisconsin Supreme Court (in the Hamdan case) urged the legislature to take action to create a permit system.  And in fact, the legislature has passed Right-to-Carry twice, but each time, the bills were vetoed by anti-gun Gov. Jim Doyle.
 
While the state may still appeal the court's decision in the Schultz case, the case should nonetheless remind all Wisconsin gun owners of the importance of this year's governor's race.  Only by electing a pro-Second Amendment governor will the people of Wisconsin finally have the chance to clear up the confusion left by all of these rulings, and protect the Right to Carry once and for all.
TRENDING NOW

Saturday, April 21, 2018

Florida Alert: YETI Drops NRA Foundation

For years YETI Coolers have been a hot item for sportsmen at the Friends of NRA Foundation Banquet and Auction events around the country.  Suddenly, without prior notice, YETI has declined to do business with The ...

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

News  

Second Amendment  

Friday, April 20, 2018

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

Dick’s Sporting Goods took their campaign to alienate law-abiding gun owners to an extraordinary new level last week. The beleaguered retailer announced that in addition to removing certain types of semi-automatic rifles from their stores, the company ...

Another Group of Anti-Gun Celebrities Forms!  In Other News, The Sun Rose Today.

News  

Second Amendment  

Friday, April 20, 2018

Another Group of Anti-Gun Celebrities Forms! In Other News, The Sun Rose Today.

In case you were worried there were not enough anti-gun organizations working to eradicate the rights of law-abiding gun owners, a new one has formed, and it’s called NoRA.  Get it?  The name implies that the ...

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

News  

Friday, April 20, 2018

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

America, and the NRA, lost a true friend and a staunch defender of freedom with the passing of R. Lee Ermey on April 15 from complications of pneumonia. He was 74 years old. 

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

News  

Second Amendment  

Friday, April 20, 2018

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

Like the long-delayed coming of spring to the Mid-Atlantic, evidence is appearing that Americans are regaining their senses and reverting to an instinctual embrace of freedom after a withering barrage of some the nastiest and most ugly ...

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

News  

Friday, April 13, 2018

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

In the wake of the Parkland, Florida, murders, there has been an unusual amount of anti-gun and anti-NRA commentary by private corporations with plenty of problems of their own.   In February, Delta announced it was ending a ...

Rhode Island: 19 Gun Bills to be Heard in House Judiciary Committee Tuesday

Thursday, April 19, 2018

Rhode Island: 19 Gun Bills to be Heard in House Judiciary Committee Tuesday

A marathon gun bill hearing is on tap for next Tuesday night in Providence, and NRA and local pro-Second Amendment groups are calling for all-hands-on-deck.

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

News  

Friday, April 13, 2018

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

There is growing evidence that some of America’s financial elite want to create a world in which America’s public policy decisions emanate from corporate boardrooms in Manhattan rather than from citizens and their elected officials.  ...

NRA Statement on Passage of the National Defense Authorization Act

News  

Tuesday, December 12, 2017

NRA Statement on Passage of the National Defense Authorization Act

National Rifle Association Institute for Legislative Action executive director, Chris W. Cox, released the following statement on Tuesday regarding President Donald Trump's signature on the National Defense Authorization Act

MORE TRENDING +
LESS TRENDING -
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.