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Tuesday, May 16, 2006 

Concealed Carry Decision Tomorrow

Via Boots and Sabers, the Wisconsin State Supreme Court will hand down the decision in State v Scott K. Fisher. Here are the facts...
Scott Fisher owned and operated the Cozy Corner Tavern in Black River Falls. At bar time, he would transport the night'’s receipts -– a substantial amount of cash -– to the bank or to his home. He testified that this required travel through a high-crime neighborhood.

That Fisher packed a loaded pistol in the center console of his truck came to light after the truck was stolen and he notified police that the pistol was in it. Soon after the theft, the truck thief was killed in a knife fight and the truck and loaded pistol were returned to Fisher. After Fisher had a subsequent encounter with a law enforcement officer and disclosed that he still had the loaded gun in his truck, he was charged with carrying a concealed weapon.
I love how the car thief was later killed in a knife fight. He sounded like a wonderful human being...

You can read a more detailed description of the case at Boots and Sabers or on page 10 here. Fisher won at the circuit level, but we'll have to wait and see what the WISC has to say. Owen points out the conflict between our amended Constitution and Doyle's consistent veto of any new concealed carry legislation. With that stalemate in place (hopefully only until November), the WISC gets to craft the limits of the Constitutional protections for gun carriers. I will try to drag myself out of bed early enough to read the decision as soon as it's posted.

EDIT: Fisher loses.

The essence of the dissent...
It is undisputed that the constitutional amendment's broad declaration of the right to keep and bear arms may be reasonably limited by such police power. Yet, in light of our constitutional amendment which grants Wisconsin citizens the right to bear arms "for security, defense, hunting, recreation or any other lawful purpose," a statutory prohibition on carrying concealed weapons at all times, under all circumstances, the sole exception being for peace officers, is not a reasonable exercise of the state's police powers.
The case is here.

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  • I'm Steve
  • From Milwaukee, Wisconsin, United States
  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
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