State v. Scott K. Fisher, 2006 WI 44, on certification For Fisher: Paul B. Millis Issue: Whether the right to bear arms provision of Wis. Const. Art. I, § 25 countenances prosecution for carrying a concealed weapon in a car’s console by a tavern owner who asserted its necessity for security purposes in that he… Read more
E. Chapter 941: Against public
State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue: Whether the guilty plea to first-degree reckless endangering, amended from battery, was supported by a factual basis. Holding: ¶21 At the plea hearing, the State presented the basis for the amended charge of first-degree reckless… Read more
State v. Louis D. Thomas, 2004 WI App 115, PFR filed 6/17/04 For Thomas: Joseph L. Sommers Issue/Holding: Wis. Const. art. I, § 25 (“right to keep and bear arms”) did not effectively repeal § 941.29 (felon in possession). ¶¶7-12. Issue/Holding: § 941.29 is neither vague, ¶¶14-18, nor overbroad, ¶¶19-23. Issue/Holding: § 941.29 doesn’t violate… Read more
§ 941.23, Carrying concealed weapon – Facial Constitutionality, in Light of Wis. Const. Art. I, § 25
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue: Whether § 941.23 is facially unconstitutional as impermissibly infringing on the right to bear arms. Holding: The constitutional right of an individual to bear arms, Wis. Const. Art. I, § 25, being “fundamental” in nature, ¶20, the question… Read more
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue: Whether § 941.23 is unconstitutional as applied to Cole. Holding: ¶48. Cole claims that he was carrying the weapons because he had been “the victim of a brutal beating when he was younger and he did not feel… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: Wis. Const. Art. I, § 25 (right to bear arms) does not establish a privilege defense to CCW, § 941.23, under § 939.45. As to subs. (1): “The existence of random, albeit frequent, criminal conduct in one’s vicinity does… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶46. Under its broad police power, Wisconsin may regulate firearms. It may regulate the time, place, and manner in which firearms are possessed and used. The concealed weapons statute is a restriction on the manner in which firearms are… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶20. To convict a person of carrying a concealed weapon in violation of Wis. Stat. § 941.23, the State must prove three elements. First, the State must show that a person who is not a peace officer went armed with a dangerous… Read more
