imported post
The attorney asked that I send my research so I did. I sent him a big pile of it and then I thought better of it and sent him this abrieviated version. This version reads more like a lawsuit....:lol: BTW, See if you can see the extra nugget I threw in for the attorney.
That the Wisconsin Constitution, Article I, Section 25 guarantees:
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
That Wisconsin Stat. § 948.605 is unconstitutional:
The many overlapping “school zones” that Wisconsin state statute § 948.605 creates, eviscerate the right of the people in urban areas to bear arms for defense and for any other lawful purposes.
[“Case law reveals that while the right to bear arms for lawful purposes is not an absolute, neither is the State's police power when it eviscerates this constitutionally protected right. Article I, Section 25 does not establish an unfettered right to bear arms. Clearly, the State retains the power to impose reasonable regulations on weapons, including a general prohibition on the carrying of concealed weapons. However, the State may not apply these regulations in situations that functionally disallow the exercise of the rights conferred under Article I, Section 25.” State V. Hamdan]
Although law abiding citizens follow the law, criminals commonly ignore the law and the area within 1000 feet of school property is not free of gun related crime. [See MPD school zone map with homicide locations attached] The need of the people; for self defense in these areas, substantially outweighs the states need to enforce the statute.
That the Wisconsin Stat. § 948.605 is in direct conflict with Wisconsin Stat. § 941.23:
§ 948.605 provides that for a citizen to walk through a school zone; that person must have their firearm unloaded and enclosed within a carrying case. [see Wisconsin Stat § 939.22 (10) “Dangerous weapon” means any firearm, whether loaded or unloaded…] Because a person walking through a school zone with a firearm is governed by both statutes compliance with one is lack of compliance with the other.
[ State v. Alloy, 616 N.W.2d 525 (Wis. App. 2000) (affirming concealed carry conviction of man possessing handgun in a vehicle in conformity with Wisconsin Stat. § 167.31 because “Alloy's argument is based on the false assertion that he was trapped by a conflict between Wis. Stat. § 167.31 and Wis. Stat. § 941.23. A person transporting a firearm is governed by both statutes. To comply with § 167.31, the person must encase the weapon. To comply with § 941.23, he or she must place the enclosed weapon out of reach. See State v. Asfoor, 75 Wis.2d 411, 433-34, 249 N.W.2d 529 (1977). A person complying with § 167.31 is not required to violate § 941.23. The encased weapon can be lawfully transported out of reach.”)]
A person walking with an encased, unloaded firearm cannot walk with the weapon out of reach.
After the research is done though he would like to recomend a different lawyer with more experience firearm related matters to actually try the case.