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CCW, § 941.23 – Unconstitutional as Applied

State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11

circuit court decision; case activity

Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason he was transporting the gun in a lawful manner, and wasn’t carrying the gun for an unlawful purpose. The court applies the multi-factor test of State v. Fisher, 2006 WI 44 and State v. Cole, 2003 WI 112 and concludes that Pinnow’s constitutional right to bear arms in the manner he did outweighed any state interest in prosecuting him.

This is a narrower result than State v. Schultz, a Clark County circuit court decision that tossed out a CCW charge, but in that instance because the statute on its face violates the 2nd amendment. As noted in that post, circuit court decisions may be cited as authority in any court.

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