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Thread: No constitutional [absolute] right to carry, judge rules. Beloit Daily News 1/27/12

  1. #1
    Herr Heckler Koch
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    No constitutional [absolute] right to carry, judge rules. Beloit Daily News 1/27/12

    http://www.beloitdailynews.com/news/...871e3ce6c.html
    Quote Originally Posted by Kevin Murphy
    MADISON - A state appeals court Thursday upheld a Beloit man's misdemeanor conviction for carrying a concealed weapon, rejecting his argument that the statute in effect at the time of the incident is an unlawful restriction of his constitutional right to bear arms.

    In a one-judge opinion, District 4 Court of Appeals Judge Paul Lundsten, citing Wisconsin Supreme Court decisions, concluded that state and U.S. constitutions don't provide Brian K. Little with an absolute right to carry a weapon.

    "Clearly, the State retains the power to impose reasonable regulations on weapons, including a general prohibition on the carrying of concealed weapons," Lundsten wrote quoting a 2003 Wisconsin Supreme Court decision.

  2. #2
    Founder's Club Member protias's Avatar
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    That judge needs to learn what Constitutional law is.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    I Think He Knows

    Quote Originally Posted by protias View Post
    That judge needs to learn what Constitutional law is.
    This decision seems consistent with what the WI Supreme Court said in Hamdan. The judge really didn't have much choice. We don't want judges to think they can ignore the decisions of superior courts, do we? Hamdan provides some wiggle room but this defendant is not the poster boy you need for a decent wiggle.

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    Regular Member oak1971's Avatar
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    The ruling may be consistent with established case law, but those rulings are themselves in violation of both the state and federal constitutions. IMO

    Cicero would agree. Laws enacted by Tyrants are no laws at all.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by protias
    That judge needs to learn what Constitutional law is.
    Quote Originally Posted by oak1971
    The ruling may be consistent with established case law, but those rulings are themselves in violation of both the state and federal constitutions.
    +1
    I hope the guy appeals, & keeps appealing, until someone remembers their oath to uphold the Constitution.
    Hopefully a civil rights org. will cover his lawyer expenses because of the precident, & danger to the other gun owners in WI.
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    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
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    She dresses herself with strength and makes her arms strong.

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    Regular Member MKEgal's Avatar
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    According to the article (yeah, I know, don't take it at face value):
    Little, 27, was arrested by Beloit police in June 2010 in response to loud music and the smell of burnt marijuana coming from his vehicle. A search recovered a loaded .40 caliber handgun and at least 80 bullets.

    After pleading no contest to the misdemeanor Circuit Judge James Daley assessed Little $7,984 in costs and penalties and imposed a 30-day jail sentence, which Daley stayed pending outcome of Little's appeal.

    On appeal Fitzgerald [lawyer] argued the statute was unconstitutional because it was overbroad and doesn't serve a public interest more compelling than the right to bear arms. However, Lundsten [judge] rejected both arguments.
    On that information, I'm leaning toward saying that the smell (if there actually was one) probably gave them PC to search, since they'd be searching for the drugs.
    But it doesn't say if the gun was in a case, or where in the car it was.
    And it doesn't matter how many bullets (or even how many cartridges) he had.

    But I'm surprised that the judge ignored recent SCOTUS rulings about how to determine if a law is a reasonable infringement on a right, & the fact that the old WI law certainly was not.

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    "Clearly, the State retains the power to impose reasonable regulations on weapons, including a general prohibition on the carrying of concealed weapons," Lundsten wrote quoting a 2003 Wisconsin Supreme Court decision.

    Wow!! Key words are TO KEEP AND BEAR. Unless I am mistaken I don't tead open carry or concealed. So we can but we can't depending on a judge?? So the constitution has no force? Something is wrong here in this ruling. Who disciplines these judges for such opinions??? No one! Next we''ll hear that CC law is unconstitutional, Just wait till someone who hates guns files a lawsuit. Then what? Dig up the founders and bring them back to life and tell them what is going on so we can get them to fight another revolution? Nah! Can't do that now. You'll be called a phsyco and your arms will be confiscated. There is no consistency in constitutional adherence or interpretation! What next boys and gals??

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