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Judge Challenges Wisconsin State Gun Law Submitted by: skypod Website: http://GunControlVictories.com	There are 4 comments on this story Post Comments \| Read Comments
A Fond du Lac circuit court judge has pitted the state Constitution's right to bear arms amendment against a state law that forbids carrying a concealed weapon. Judge Dale English granted a motion Monday to dismiss a prior conviction against Patrick McAuley, 17, of 63 Western Ave., for carrying a concealed weapon, after the motion argued the gun law was unconstitutional.

Comment by: Mjamg12 (6/24/2001)

All precedents start somewhere!!

Comment by: mzanghetti@qwest.net (6/24/2001)

Article I, Sec. 25 of the Wisconsin constitution reads: "The people have the right to keep and bear arms for security, defense, hunting, recreation, and any OTHER LAWFUL PURPOSE." I am not sure on the face of it that he was carrying for a lawful purpose. Threatning someone who raped his girlfriend? This may not set much of a precedent, or it may set a bad precedent and be an example of why not to pass a concealed carry law.
A bad decision for the wrong reasons can be worse than no decision.

Comment by: mvpel@yahoo.com (6/24/2001)

If the prosecutor didn't want to run into Constitutional problems in this situation, he should have charged the guy with assault with a deadly weapon. He may in fact have. It's the "carrying concealed without a license" charge that's at issue here.

The thing is, normal people who carry discreetly don't normally wind up under the scrutiny of police, and therefore never wind up with standing to overturn an unconstitutional law.

Comment by: terry962@hotmail.com (6/26/2001)

It's no worse a precedent than many of the degenerate gay sex performances that claim, and get, First Amendment protection. The kid may be a jerk and immature, yes, but the fact is, this unconstitional statute, superceded by the constitutional referendum, was illegally enforced by Rogue Pork.