2A applies to carrying guns in cars, says Court of Appeals

[davidmcbeth]

Gentlemen, if you will please stick to facts and expressing your opinions thereon, but leave the personal animosity somewhere else - it is not welcome here.

I would have liked to see this described in stick figures though ....

 

[MKEgal]

As I understand it, it also has to be in the trunk. The "Wisconsin dance" is getting out of your car, going to the trunk, loading the gun--all out of sight of passers-by so you don't get hit with "brandishing" because its in your hands... then quickly holster it.

a - WI does not have a 'brandishing' law.
b - WI no longer requires people to do the dance, unless they don't have a WI license and will be traversing a school zone.

the only one that should not be able to have a gun or carry is felon or someone with a history of mental illness.

a - where in the Constitution does it say that rights can be limited?
b - would you take away a person's right to protect herself if she has any other illness or disability? If we're going to head down that route, I think people with narcolepsy and seizure disorders should be prohibited from possessing firearms and cars, let alone using them.
c - given that the level of crime constituting a felony has been steadily dropping, I am leery of having a permanent punishment. Oh, and not all felonies are prohibitions. The people who wrote the law carved out some white-collar crimes, so their stockbrokers and bankers could still go duck hunting.

Currently, someone becomes a prohibited person if:
1 - adjudicated mentally defective
2 - found not guilty of a crime by reason of mental defect
3 - involuntarily committed (by a court) to a mental institution

Those all require action by a judge, and are all very severe manifestations of disease.
Having "a history of mental illness" could mean that someone saw a shrink for a few months after the death of his mother, to overcome short-term situational depression. Certainly no reason to prevent self-defense.

 

[SteveInCO]

a - WI does not have a 'brandishing' law.
b - WI no longer requires people to do the dance, unless they don't have a WI license and will be traversing a school zone.

Good! (On both counts.) I know Wisconsin's laws changed greatly for the better not too terribly long ago. (Someone on this forum called it the "Wisconsin Dance" in another thread; I guess it got that name before the changes.) Does "WI license" include out of state licenses that Wisconsin recognizes?

 

[countryclubjoe]

Werz and Cerberus

Please keep up the "Mooting" gentleman... And may I refresh both your memories with a bit of Locke..

Every Man, by consenting with others to make one Body Politick under one Government, puts himself under an obligation to every one of that Society, to submit to the determinations of the majority, and to be concluded by it; or else this original Compact, whereby he and other incorporates into one Society, would signifie nothing..
Men being... by Nature, all free equal and independent, no one can be put out of this Estate, and subjected to the Political Power of another, without his own Consent..
The Liberty of Man, in Society, is to be under no other Legislative Power, but that established, by consent, in the Commonwealth, nor under the Dominion or any will, or Restraint of any Law, but what the Legislative shall enact, according to the Trust put in it..

Cited John Locke " The Second Treatise on Government... 1690

Please don't take this the wrong way but here is a quote from Justice Black...

" The layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional."

The current justices can only read the constitution in the only way they can and that is as 21st century justices... My .02

I am of the opinion that at some time soon, States will not extend the so called driving privilege/license to registered legal gun owners. Yes folks the States will attempt to deny you your right to travel.. Control. control, control... Or they may attempt to deny you gun ownership due to a mere traffic violation, again... Control, control, control. I understand my comments sound ridiculous and are clearly unconstitutional but consider a license with the State for anything is indeed a contract and therefore the States as no obligation to enter into a contract with its citizens, they can and will pick and choice who to do business with in terms of extending licenses and or entering into contracts.
Something to ponder for you legal constitutional minded folks...

My .02

Thank you and best regards.

CCJ

 

[countryclubjoe]

(Constitutional Law) A ship with a great deal of sail but a very shallow keel.
Robert Bork...

Regards

CCJ