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Vicki McKenna BREAKING....just got this from WIBA news team: "Also just a heads up Pa

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
WOW! Read footnote [2]; "2 This court notes that it agrees with Justice Clarence Thomas of the United States Supreme Court as to his interpretation and application of the Fourteenth Amendment to the States. See McDonald, Justice Thomas, concurrence." IIRC, this is support for PorI versus (that means against) 'due process'!

I read that and didn't know what to make of it. Yes Justice Thomas wanted incorporation via P or I but I think maybe the court was more concerned with the quote I have below.

As Justice Thomas demonstrates, the right to keep and bear arms is
a fundamental right, not created by the Second Amendment, but secured or
recognized by it. The right to keep and bear arms is therefore not to be abridged by any State law. Sec. 941.23 must also fail under the application of the Fourteenth
Amendment.
In sum, sec. 941.23 is unconstitutional on its face as overly broad in violation of the
Second and Fourteenth Amendments of the United States Constitution.

Would incorporation via P or I vs. Due Process make a difference in the context of the above quote?

One of my favorites is a little note in between.
I use “ordinary” in quotes (as that is how Hamdan referred to citizens) as it troubles this court to refer to some citizens as “ordinary” because of the inference that other citizens are then somehow of greater or lesser stature.
See the Declaration of Independence—“All men are created equal.”

I thought to myself, "holy crap", a judge that gets it.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Some people think, some that are much smarter than I and that I agree with I-ANAL, that PorI was not used to shut the door on further expansion of civil rights. PorI was called a Pandora's Box full or political horrors that we can't even imagine. The privacy right to infanticide/abortion being a contemporary example.

Due process leaves the judicial system very much in charge of the direction and magnitude of the 2A as a civil right.

Yep. This judge gets it.
 
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M

McX

Guest
vickis show doesn't come on until 3 pm.


I don't know guy; i used the listen live thing on her site. they also mentioned it on the regular station news too, mentioned it would be probably appealed too though.
 

JerryD

Regular Member
Joined
Sep 23, 2010
Messages
120
Location
central Wisconsin
Have to wonder

If there are not more judges sitting and waiting for a case such as this one to do the same thing. This judge can not be the only one in Wisconsin who actually gets it.
 
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JerryD

Regular Member
Joined
Sep 23, 2010
Messages
120
Location
central Wisconsin
I don't know guy; i used the listen live thing on her site. they also mentioned it on the regular station news too, mentioned it would be probably appealed too though.

here is line up for WIBA

Mitch Henk 8-11
Rush 11-2
Sean Hannity 2-3
Vicki 3-6
 

Captain Nemo

Regular Member
Joined
Apr 11, 2010
Messages
1,029
Location
Somewhere, Wisconsin, USA
This indeed is a big step towards choice of carry. What is interesting is the potential implications on hunting. Statute 941.23 applies to all dangerous weapons, a cornicopia of implements, including knives. In fact knives with blades exceeding 3 inches has been declared by ordinance in Milwaukee county as dangerous weapons. The Shultz case specifically involves knives which gives our arguments new life because it serves as a departure from the stereotype that 941.23 applies only to firerms. What is interesting concerning the activity of hunting is that if this case is appealed and reversed it could mean that the carry of hunting knives while hunting will be implicated. It may be illegal to carry a "hunting knife" inside your outer coat, or carry one of the folding type knives, i.e. the kind made by Buck, in your pocket. In other words the carry of knives during hunting may be subject to the same limitations as firearms. In other words they must be carried in the open at all times. The common connection between knives and guns and hunting is in Article I section 25 itself, i.e. security, defense, hunting, recreation etc. Article I section 25 does not state "keep and bear firearms--". It reads "keep and bear arms--" which includes knives. Therefore any judicial decision concerning the constitutionality of 941.23 as it applies to knives applies equally to firearms and vice versa. Stay tuned. This may get interesting. My opinion.
 

rotty

Regular Member
Joined
Aug 14, 2010
Messages
217
Location
Minneapolis Minnesota
Could it possibly be ?

Soon will I no longer have to pull over on the side of 94 and unload and secure ? WOW that would sure make me happy .. and im sure cut down on the calls to the State Patrol about " a guy with a gun on the side of the freeway".

Congrats guys, this looks like a step in the right direction for you all!
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
His Hobson's Choice analogy is right on, as is the observation of unequal protection. Note his shift from KNIFE to GUN.

Halbrook, Firearms Law Deskbook used $200 from amazon.com

Jon M. Counsell said:
In addition, as noted above, this court agrees with Justice Clarence Thomas’s McDonald concurrence and application of the Fourteenth Amendment to this matter. In essence, no State shall abridge the privileges and immunities of citizens of the United States. As Justice Thomas demonstrates, the right to keep and bear arms is a fundamental right, not created by the Second Amendment, but secured or
recognized by it. The right to keep and bear arms is therefore not to be abridged by any State law. Sec. 941.23 must also fail under the application of the Fourteenth Amendment.
Thank you Honorable Judge.
 
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Flipper

Campaign Veteran
Joined
Apr 21, 2009
Messages
1,140
Location
, Wisconsin, USA
Bet the "I am a hunter" group doesn't realize that they must store their guns (and knives) where everyone can see them.
 
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M

McX

Guest
To quote from The Matrix:

"Damn, it's a very exciting time!"

Time to whip out those WisconsinCarry t-shirts boys, get them autographed, and be damn proud to wear it.

added on edit; 69 folks on this state forum right now............we charge $3 for parking.
 
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rotty

Regular Member
Joined
Aug 14, 2010
Messages
217
Location
Minneapolis Minnesota
Well now that's just not fair .. I joined in Baraboo and never got a sticker ! Where are these stickers you speak of? .. I would be proud to put one on my truck.
(MN plates n all)
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
, ,
Well now that's just not fair .. I joined in Baraboo and never got a sticker ! Where are these stickers you speak of? .. I would be proud to put one on my truck.
(MN plates n all)

I mail stickers and a welcome letter to every member.

If you haven't gotten yours yet I probably haven't gotten to it. There was such a flood of members in the wake of the Madison 5 incident that I still have a couple hundred to get out. If you PM me your name, I can check where you are on the list. I have sent a couple hundred in the past couple days that are in the mail.
 
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