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§ 941.23, Carrying Concealed Weapon — Constitutionality

State v. Adam S. Gonzales, 2002 WI 59, on certification
For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate

Issue: Whether the crime of carrying a concealed weapon, § 941.23, is constitutional in light of Article I, Section 25 of the Wisconsin Constitution, which creates a right to keep and bear arms.

Holding: Because the crime was committed before the effective date of Article I, Section 25 (November 30, 1998), the defendant can’t avail himself of this provision.

Note: The underlying issue — constitutionality of CCW — was decided in State v. Phillip Cole, 2003 WI 112; and State v. Munir A. Hamdan, 2003 WI 113.

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