WI: supreme court to hear CCW challenge

[Monkeyleg]

HIGH COURT WILL HEAR RIGHT TO BEAR ARMS CASE The state Supreme Court has agreed to hear a case that could determine whether Wisconsin's law banning concealed weapons conflicts with an amendment to the state constitution guaranteeing the right to bear arms. Phillp Cole III, 28, of Milwaukee, appealed his misdemeanor conviction in Milwaukee County Circuit Court for carrying a concealed weapon. The 1st District Court of Appeals asked the state Supreme Court to take the case, and the high court said Thursday it would do so. The court's decision could clarify the right to bear arms amendment, approved overwhelmingly by Wisconsin voters in a 1998 referendum. The concealed weapons law has been in effect since 1872 and has been pretty much unchanged since 1878, according to the state attorney general's office. Racine Journal Times Staff and wire service reports Friday, November 30, 2001

[Hunter Rose]

You mean we might actually become un-needed?!?!? What's the prognosis of this look like: does it have a chance of flying? Oh, how I hope!

[Monkeyleg]

This case is State vs. Cole, and somehow it's going to be linked with State vs. Gonzales. The first hearing on it is scheduled for December 27th.

I'm not holding my breath on this. One person I've spoken to knows a couple of the sc justices well, and they told him "don't ever try to challenge a gun law based on the RKBA amendment." But you never know.

[Hunter Rose]

But how reliable is the person you talked to? I would kinda question any such statement from a SC judge at either state or fed level...

[AndrewWalkowiak]

So if it goes as well as possible, we go from no CCW to Vermont-style carry?

I would however expect that they'll say that while we have RKBA, the legislature can place "reasonable" limits on it for the customary heretofore commonly understood will of the common good persuant to the precident established by the comensurate blah grfumble mumble rumble harrrumph, cough, ahem, mumble....

Although, Tommy Thompson has had several terms to appoint some conservative judges, maybe there is a shot, but I doubt they'd want to rock the boat to the point that they create de-facto CCW.

Supreme courts, either state or the Federal allways seem loathe to make any drastic changes to the status quo (edit) in conservative or libertarian directions.

Andrew

[Monkeyleg]

Andrew, you've nailed it. There will be no boat-rocking here in Wisconsin unless John Norquist is doing so while nailing an aide.

Hunter, the source is as reliable as you can get.

Even if the state supreme court rules for prohibiting CCW, it might wake up some of those who thought the adoption of the RKBA amendment meant that they could go back to sleep.

Folks tend to overlook judicial elections, but forget that the person running is probably not going to be satisfied with handling traffic tickets. Make the mistake of voting for an anti for a misdemeanor court judgeship and you could find yourself stuck with an anti on the state's highest court.

[AndrewWalkowiak]

Oops, we vote for ours, don't we? They're not appointed and confirmed here, like in the SCOTUS. My bad.

Don't worry, I do vote, and voted for the best choices. I read up on them, voted, and seemed generally satisfied that the conservative won, IIRC, (shame on me, I know )and promptly forgot.

I think I was more worried about school choice at the time, but I would assume that would line up with RKBA as best as it could in the Republican candidates that last went up.

[Hunter Rose]

Actually Andrew, it was pointed out in a couple of threads in the General Discussion forum that choices don't always "line up nice". I kknow many people who, while not actually anti-gun, still voted for anti's because of other issues. Even know several pro-gun people who voted anti because of other issues...

Maybe it IS time we started really pushing to get Libertarians in as many posts as possible...

[Monkeyleg]

I talked to Cole's public defender today. This could be an interesting case. Phillip Cole is 28, has no priors, is a student at MATC and works part-time as a security guard. In other words, a pretty clean defendant. The only detraction is that he had a small amount of marijuana with him when he was arrested. His gun was in the glove compartment, his friend's was under the car seat.

Cole's attorney will be filing his brief with the court near the end of the month, and arguments will probably start around April or so, he said.

[Hunter Rose]

Well, let's keep our fingers crossed. Don't think we should stop what we've been doing: possibly even step up our efforts. Maybe this will actually work out for us (hey... if the Packers could win the Super Bowl, anything's possible!)