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8. Bear arms

State v. Scott K. Fisher, 2006 WI 44, on certification For Fisher: Paul B. Millis Issue: Whether the right to bear arms provision of Wis. Const. Art. I, § 25 countenances prosecution for carrying a concealed weapon in a car’s console by a tavern owner who asserted its necessity for security purposes in that he… Read More

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State v. Louis D. Thomas, 2004 WI App 115, PFR filed 6/17/04 For Thomas: Joseph L. Sommers Issue/Holding: Wis. Const. art. I, § 25 (“right to keep and bear arms”) did not effectively repeal § 941.29 (felon in possession). ¶¶7-12. Issue/Holding: § 941.29 is neither vague, ¶¶14-18, nor overbroad, ¶¶19-23. Issue/Holding: § 941.29 doesn’t violate… Read More

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State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate  Issue: Whether § 941.23 is facially unconstitutional as impermissibly infringing on the right to bear arms. Holding: The constitutional right of an individual to bear arms, Wis. Const. Art. I, § 25, being “fundamental” in nature, ¶20, the question… Read More

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State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate  Issue: Whether § 941.23 is unconstitutional as applied to Cole. Holding: ¶48. Cole claims that he was carrying the weapons because he had been “the victim of a brutal beating when he was younger and he did not feel… Read More

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State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue/Holding: ¶20. We find that the state constitutional right to bear arms is fundamental. It is indeed a rare occurrence for the state constitution’s Declaration of Rights to be amended. See Monks, The End of Gun Control, 2001 Wis… Read More

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State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶46. Under its broad police power, Wisconsin may regulate firearms. It may regulate the time, place, and manner in which firearms are possessed and used. The concealed weapons statute is a restriction on the manner in which firearms are… Read More

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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… Read More

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