WI circuit judge sees it our way in Wisconsin v Schultz

This is a discussion on WI circuit judge sees it our way in Wisconsin v Schultz within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Schultz was charged with violating Wisconsin's prohibition of concealed carry and the judge granted his motion to dismiss charges, using the Heller opinion. "In sum, ...

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Thread: WI circuit judge sees it our way in Wisconsin v Schultz

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    Distinguished Member Array Anubis's Avatar
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    WI circuit judge sees it our way in Wisconsin v Schultz

    Schultz was charged with violating Wisconsin's prohibition of concealed carry and the judge granted his motion to dismiss charges, using the Heller opinion.

    "In sum, sec. 941.23 is unconstitutional on its face as overly broad in violation of the
    Second and Fourteenth Amendments of the United States Constitution."
    http://www.wisconsinappeals.net/wp-c...0/Schultz1.pdf

    Retain Judge Counsell!

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    In addition, as noted above, this court agrees with Justice Clarence Thomas’s McDonald concurrence and application of the Fourteenth Amendment to this matter.
    In essence, no State shall abridge the privileges and immunities of citizens of the United States. As Justice Thomas demonstrates, the right to keep and bear arms is
    a fundamental right, not created by the Second Amendment, but secured or recognized by it. The right to keep and bear arms is therefore not to be abridged by any State law. Sec. 941.23 must also fail under the application of the Fourteenth Amendment.

    In sum, sec. 941.23 is unconstitutional on its face as overly broad in violation of the Second and Fourteenth Amendments of the United States Constitution.

    Wow. To me, that seems pretty clear. The judgment is that, because of the simplicity of the 2A (as supported by the earlier McDonald and Heller decisions), state infringement of the basic right to own and carry arms is unconstitutional. And in this case it's being applied to a person's having carried a concealed weapon.

    Now, if only something this clear could hit the SCOTUS and blast to hell and gone all of the state and federal statutes that dare broadly disallow carry of weapons.
    Your best weapon is your brain. Don't leave home without it.
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    Wow. Put this guy on the SCOTUS! Made my month. Going to print this out and put it on my wall. Beautiful.
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    Distinguished Member Array Bob The Great's Avatar
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    That's pretty strongly worded. I assume the state will be appealing it, else Wisconsin would effectively become a free-carry state. And if this stands, I believe that would leave Illinois as the last state to have a blanket carry ban.
    "A well-educated electorate, being necessary to the continuance of a free state, the right of the people to keep and read books shall not be infringed."
    Is this hard to understand? Then why does it get unintelligible to some people when 5 little words are changed?

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    Senior Member Array ep1953's Avatar
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    Thanks God for a judge with some common sense. I certainly hope the new president in 2012 will consider this outstanding judge for an open spot on the SCOTUS.

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    Thank you Judge Counsell...brains and cojones, a rare combination.
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    WOW! I guess that this really will irritate some people.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Bob The Great View Post
    And if this stands, I believe that would leave Illinois as the last state to have a blanket carry ban.
    IMO, there has been such wholesale disregard for the unconstitutionality of all of these gun laws that prohibit carry by citizens that I think it's going to take quite awhile before both common sense and recognition of the illegality of it all to sink in and actually take effect. So long as judges are willing to disregard the plain language of the 2A, and particularly so long as political hacks like those in Chicago and Washington, DC, keep being allowed to get away with their blatant disregard for the requirements of the 2A and the rulings, not much will change. Just think how very close we are to seeing full recognition of the legitimacy of not only ownership but carry, fully protected by the 2A and heavily, forcibly protected by the courts. Wouldn't that be something: honest judges making lawful decisions in regards the 2A. We're on a short-term roll. Let's hope it continues until much of the legal lunacy is flushed away.
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    Distinguished Member Array tangoseal's Avatar
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    Quote Originally Posted by Bob The Great View Post
    That's pretty strongly worded. I assume the state will be appealing it, else Wisconsin would effectively become a free-carry state. And if this stands, I believe that would leave Illinois as the last state to have a blanket carry ban.
    Bob,

    It is a matter of time my friend. A matter of time and IL banning firearms ownership will be but a history lesson. The ground work has been set, now we wait for the legal system, lawyers, and lawsuits, to water the roots.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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