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CLARK CO. JUDGE: WISCONSIN'S BAN ON CONCEALED WEAPONS IS UNCONSTITUTIONAL
Thursday, October 14th, 2010 -- 12:20 pm
Posted by Riley Hebert-News Director
A Clark County Judge says Wisconsin’s ban on carrying concealed weapons is unconstitutional.
Authorities charged 28-year-old Joshua Schultz of Sauk City with carrying a concealed weapon after he admitted he had a knife under his shirt. He never threatened anyone, and showed it to authorities as soon as they asked to see it.
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 Amendment and Fourteenth Amendment of the Constitution.
"The government has to have a compelling state interest, and they have to use the least restrictive means to do that," Poss says. "Public safety is obviously a government interest, but there's all kinds of ways to (protect public safety) 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.”
The decision only sets a precedent in Counsell’s court, but Poss expects the case to be appealed.
"It's ultimately going to get to the Wisconsin Supreme Court, or the United States Supreme Court, one way or the other," he predicts.
The decision was disseminated around the state Wednesday, and Poss already had 50 congratulatory phone messages or emails from colleagues by Wednesday afternoon.
"There's a lot of interest in this, obviously. It's not a left or a right kind of a thing, frankly, it's a liberty thing," he says.
Clark County Assistant District Attorney Dick Lewis says he has 20 days to appeal the ruling. He hasn't decided if he will.
Wisconsin is one of only two states that completely bans carrying concealed weapons.
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