"For one, he said, Sutterfield had no bad intent. She had worn the gun to church services peacefully and was never asked to remove it or leave. She told investigators that a salesperson where she had purchased the 9mm handgun had explained to her that it only needed to be in a case when she was driving.
Further, Schimel wrote, the statute in question, which is a non-criminal infraction that carries a maximum forfeiture of $100, was passed before the Wisconsin Constitution was amended to clearly specify residents' rights to keep guns for various purposes. He said he did not think the facts of Sutterfield's case made it the right one to prosecute in an effort to set the limits of gun restrictions."