Clark County, WI: Judge rules Wisconsin's conceal carry ban unconstitutional‏

[Michael Landon]

Clark County, WI: Judge rules Wisconsin's conceal carry ban unconstitutional‏

A Clark County judge has ruled that Wisconsin's ban on conceal carry of a weapon is overly broad and unconstitutional in light of the recent Heller and McDonald landmark US Supreme Court cases.

http://www.wisconsinappeals.net/wp-content/uploads/2010/10/Schultz1.pdf

This is good news in light of other recent happenings in Wisconsin including Jackson County DA Gerald Fox refusing to prosecute weapon possession charges unless there was a crime committed as well as Waukesha County DA Brad Schimel refusing to prosecute a vehicle carry charge against a law-abiding citizen citing in part the McDonald decision at the US Supreme Court which could present a constitutional challenge to Wisconsin's vehicle Carry law.

What does this mean:

This is a decision by a circuit court Judge in Clark County, WI. There are other circuit court judges in Clark County and its possible (but very unlikely) another judge in the same county could conceivably come to a different decision in an identical case tomorrow.

IF the case is appealed and upheld, that would carry much more significance in terms of striking a fatal blow to Wisconsin's conceal carry ban.If its appealed and upheld, Wisconsin's conceal carry ban would be dealt a serious blow statewide.

So there may be a tremendous risk for the state to appeal the decision which could open up the right to carry as one chooses (for non felons etc) with very few restrictions. The state may want to leave this decision as it is now, limited to Clark County and ambiguous as to its effect elsewhere and hope the legislature comes up with something that (to use the judges words) is less like "a leaden blanket where silk would suffice."

One of Wisconsin Carry's attorney's is reviewing the decision as we speak. I will send updates as they become available.

Carry On, Nik ClarkChairman/President - Wisconsin Carry, Inc. www.wisconsincarry.org

 

[Pericles]

w00t!

 

[osan]

Clark County, WI: Judge rules Wisconsin's conceal carry ban unconstitutional‏

A Clark County judge has ruled that Wisconsin's ban on conceal carry of a weapon is overly broad and unconstitutional in light of the recent Heller and McDonald landmark US Supreme Court cases.

[url]http://www.wisconsinappeals.net/wp-content/uploads/2010/10/Schultz1.pdf[/URL]

This is good news in light of other recent happenings in Wisconsin including Jackson County DA Gerald Fox refusing to prosecute weapon possession charges unless there was a crime committed as well as Waukesha County DA Brad Schimel refusing to prosecute a vehicle carry charge against a law-abiding citizen citing in part the McDonald decision at the US Supreme Court which could present a constitutional challenge to Wisconsin's vehicle Carry law.

What does this mean:

This is a decision by a circuit court Judge in Clark County, WI. There are other circuit court judges in Clark County and its possible (but very unlikely) another judge in the same county could conceivably come to a different decision in an identical case tomorrow.

IF the case is appealed and upheld, that would carry much more significance in terms of striking a fatal blow to Wisconsin's conceal carry ban.If its appealed and upheld, Wisconsin's conceal carry ban would be dealt a serious blow statewide.

So there may be a tremendous risk for the state to appeal the decision which could open up the right to carry as one chooses (for non felons etc) with very few restrictions. The state may want to leave this decision as it is now, limited to Clark County and ambiguous as to its effect elsewhere and hope the legislature comes up with something that (to use the judges words) is less like "a leaden blanket where silk would suffice."

One of Wisconsin Carry's attorney's is reviewing the decision as we speak. I will send updates as they become available.

Carry On, Nik ClarkChairman/President - Wisconsin Carry, Inc. [url]www.wisconsincarry.org[/URL]

While provisionally good news (great, in fact) it once3 again highlights th eproblem of capriciousness in our system such that the final outcome at this point could still be bad in that appeal may result in reversal. If the principles of freedom were clearly understood and respected in this nation, we would have no cause for such fear of arbitrary decision making.

Just a thought.

 

[pmbug]

baby steps in the right direction

 

[AxisMundi]

Great news indeed! Every victory helps.

I don't support federal involvement much, but I do in matters of Constitutional Rights.

I tend to leave my revolver at home when I travel (probrably when I need it most) as the Nation is a patchwork of C&C laws, even within an individual State, and I simply don't want the hassle of getting stopped in a municipality that refuses to recognize a C&C from another State/County/City.

The same document that guarentees the right of some Christian kid to wear a cross and carry their bible in a public school should permit law-abiding, licensed individuals to carry their protection as well.

 

[pcosmar]

The same document that guarentees the right of some Christian kid to wear a cross and carry their bible in a public school should permit law-abiding, licensed individuals to carry their protection as well.

I remember a time when I carried my rifle to school with no questions asked.

And a CC permit will not stop the cops from blowing you away today. No questions asked.

 

[AxisMundi]

I remember a time when I carried my rifle to school with no questions asked.

And a CC permit will not stop the cops from blowing you away today. No questions asked.

I find the last bit above to be pure rhetoric.

A cop isn't going to blow you away for a holstered, registered firearm on a person with a C&C license.

 

[pmbug]

... A cop isn't going to blow you away for a holstered, registered firearm on a person with a C&C license. ...

Shit happens

 

[rmodel65]

I remember a time when I carried my rifle to school with no questions asked.

And a CC permit will not stop the cops from blowing you away today. No questions asked.

they will threaten it.... civil rights complaint

YouTube - Glynn County police pulls gun for no reason

 

[libertybrewcity]

yaaa!! bump for good news

 

[AxisMundi]

Shit happens

"Shit" makes the news.

Have a link?

 

[pmbug]

Have a link? WTF are you talking about? My post was a link to another thread discussing the slaying of Erik Scott at a Costco in Las Vegas (following a chain of events that essentially boil down to the fact that he was carrying a licensed, concealed handgun while in the store). The thread is littered with links to Las Vegas media covering the story as well as a more detailed commentary by a retired LEO who has been scrutinizing the case.

Maybe this helps:

http://www.ronpaulforums.com/showthread.php?t=259956

 

[AxisMundi]

Have a link? WTF are you talking about? My post was a link to another thread discussing the slaying of Erik Scott at a Costco in Las Vegas (following a chain of events that essentially boil down to the fact that he was carrying a licensed, concealed handgun while in the store). The thread is littered with links to Las Vegas media covering the story as well as a more detailed commentary by a retired LEO who has been scrutinizing the case.

Maybe this helps:

http://www.ronpaulforums.com/showthread.php?t=259956

Dug into the story some (using main stream sources).

The man's firearm wasn't in his holster, it was pointing at police according to witnesses, and the man was refusing repeated commands by the LEO as well.

A certainly unfortunate event, but if you are refusing commands in such a situation, and reach for a weapon, or especially point it, expect to be shot.

The Coroner's inquest (by jury) found the shooting justifiable. The family has the option to appeal the case in court, of course. Cops are innocent until proven guilty in a court of law too, ya know, and so far they are innocent of wrongdoing.

 

[pcosmar]

Dug into the story some (using main stream sources).

The man's firearm wasn't in his holster, it was pointing at police according to witnesses, and the man was refusing repeated commands by the LEO as well.

A certainly unfortunate event, but if you are refusing commands in such a situation, and reach for a weapon, or especially point it, expect to be shot.

The Coroner's inquest (by jury) found the shooting justifiable. The family has the option to appeal the case in court, of course. Cops are innocent until proven guilty in a court of law too, ya know, and so far they are innocent of wrongdoing.

And a great many witnesses say the police are lying and the inquest was a sham.

It is a shame that all the video was destroyed.

 

[AxisMundi]

And a great many witnesses say the police are lying and the inquest was a sham.

It is a shame that all the video was destroyed.

Like I said, innocent until proven guilty.

If in the appeals process the LEO's are found guilty then my opinion will change.

Until that time, I will go by the opinion of the jurors involved, not the blogosphere.

 

[pcosmar]

Like I said, innocent until proven guilty.

If in the appeals process the LEO's are found guilty then my opinion will change.

Until that time, I will go by the opinion of the jurors involved, not the blogosphere.

There were no "Jurors". There was a kangaroo court with a pre-determined outcome.
Just like the many others that are often posted here, in several sub forums.

 

[GunnyFreedom]

Clark County, WI: Judge rules Wisconsin's conceal carry ban unconstitutional‏

...

Carry On, Nik ClarkChairman/President - Wisconsin Carry, Inc. [url]www.wisconsincarry.org[/URL]

I'm sorry, I know this is off topic, but something I've been wondering for quite a while now -- are you a big Michael Landon fan, or Michael Landon himself? LOL I know that the chances of Michael Landon himself being involved in these forums without everybody already knowing it is slim to none, not to mention the fact that Michael Landon himself probably does not have the free time to participate here that much, but your posts do not indicate whether you are ML himself or just a big fan, so over the course of these years what started as a spark of curiosity has grown into a bonfire of "I'd really like to know" lol.

 

[Anti Federalist]

I'm sorry, I know this is off topic, but something I've been wondering for quite a while now -- are you a big Michael Landon fan, or Michael Landon himself? LOL I know that the chances of Michael Landon himself being involved in these forums without everybody already knowing it is slim to none, not to mention the fact that Michael Landon himself probably does not have the free time to participate here that much, but your posts do not indicate whether you are ML himself or just a big fan, so over the course of these years what started as a spark of curiosity has grown into a bonfire of "I'd really like to know" lol.

Umm, Gunny, Micheal Landon is dead.

 

[pmbug]

...The man's firearm wasn't in his holster, it was pointing at police according to witnesses, and the man was refusing repeated commands by the LEO as well.

Read the blog from the retired LEO who has been scrutinizing the case. The firearm was holstered. The only thing Erik Scott had in his hand was a cell phone.

The "repeated" commands turns out to be 3 conflicting commands given in the span of approximately 2 seconds before Officer Mosher opened fire.

The inquest was a complete sham. The actions of the Metro police and PA subsequent to the event are anathema.

 

[AxisMundi]

There were no "Jurors". There was a kangaroo court with a pre-determined outcome.
Just like the many others that are often posted here, in several sub forums.

And your proof?