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Old October 15, 2010, 09:34 PM   #63
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,524
An update on the Wisconsin case that ruled that Wisconsin's law that prohibited concealed carry was unconstitutional.

The case is Wisconsin v. Schultz. Case No. 10-CM-138.

Judge Jon M. Counsell used strict scrutiny in light of Heller and McDonald. The Judge declared that the statute was unconstitutional on its face and was overly broad in violation of the 2A and 14A.

In 1977, the statute in question was amended to read:
941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
Art. I, section 25 of the Wisconsin Constitution (amended in 1998) reads:
Right to keep and bear arms. SECTION 25. The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
The Judge argues that because of the amended constitutional right, the Statute is in violation.. Because McDonald used the 14th amendment to incorporate the 2A, a fundamental right, and because people are in fact being prosecuted for open carry, the statute fails strict scrutiny tests. To be sure, it's a bit more complicated than that as this is a very brief synopsis.

If this decision is upheld upon the appeals, and the Wisconsin legislature does nothing, Wisconsin will become the 4th Constitutional Carry State. As it stands now, in Clark county, it is now lawful to carry openly or concealed without a license.

Gene German, the Wisconsin Gun Rights Examiner has an article about this and includes the unofficial text of the decision, at the end of his article. Please read it here.
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