Currently citizens of Vermont and Alaska are allowed to legally carry concealed weapons without any sort of permit. Vermont has always been that way – Alaska has just recently done away with the concealed carry permit altogether due to the fact that Alaskans felt the permit system was in itself an infringement on their rights.
Here’s how Governor Jim Doyle’s veto this week of the Personal Protection Act will eventually deliver to every Wisconsin resident the exact same freedom when it comes to the unrestricted carry of concealed weapons…
It was just a few months ago in July that the Wisconsin State Supreme Court had before it a case involving a Milwaukee merchant charged with carrying a concealed weapon. In the State vs. Munir Hamdan, the Justices looked at our own State constitution, which states:
“Article I, Section 25: The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”
And contested that against the law Mr. Hamdan was charged with violating:
“Chapter 941.23 - Carrying concealed weapon: Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.”
They wrote in a 6 to 1 majority decision that “application of the CCW statute effectively disallowed the reasonable exercise of Hamdan's constitutional right to keep and bear arms for the lawful purpose of security.” (State v. Hamdan, p.4)
Knowing full well this could have thrown out Wisconsin’s current 130-year-old concealed weapons prohibition altogether, the majority opinions were written by the Justices to address Munir Hamdan’s right, and the people’s right, to carry a concealed weapon specifically for his stated purpose: self-protection while conducting business in his store. Correspondingly, the Supreme Court voiced their view that to deny someone the right to be armed - concealed or otherwise - when they were using it to protect themselves while running his or her business was patently unconstitutional. In addition to this, and obviously just because it made so much sense to the Justices, they generously allowed that we should be able to conceal a weapon in the privacy of our own homes as well!
Nevertheless, just as the Supreme Court efficiently corrected one problem concerning our concealed carry law – they have unmasked numerous others. Here’s what Chief Justice Shirely Abrahamson wrote in the sole dissenting opinion of State v. Hamdan:
“anyone who must walk home from a bus stop every night after work through a high crime neighborhood can surely argue that his or her need to exercise the right to bear arms is high, concealment is necessary, and that his or her interests in self-protection substantially outweigh the State's interest in regulating concealed weapons… The number of individuals who can fit under (this) umbrella is large.”(State v. Hamdan, p.87)
This is where the Supreme Court has left us - between the crossroads of the right to carry a concealed weapon for protection in our home or businesses, and a theoretical umbrella. Due to all of the media misinformation regarding Senate Bill 214 this past week, the Legislature may be distracted from seeing exactly what is waiting on the other side of Governor Doyle’s veto pen:
-It’s the next court case involving some poor soul that’s caught on the street carrying any sort of self- defense weapon while on his way to drop off the night’s deposits from his small business.
-It’s the single mother on the way home from her job late at night who gets pulled over during a traffic stop. The one who has made the decision to learn how to defend herself and her family, and is equipped accordingly – though unfortunately, in the eyes of the police, she is violating State law.
These are the exact scenarios the Wisconsin Supreme Court is afraid of seeing – cases that in one fell swoop – will cleanly, quickly, and finally rule Wisconsin’s concealed weapon prohibition unconstitutional. It’s foolish of the Governor to think that the Wisconsin Supreme Court will defend this State’s archaic concealed weapon prohibition over and over again as they continuously watch it fail real world application.
Our Supreme Court Justices have indicated that the day may come when they’ll have no choice but to rule that Wisconsin is to join the ranks of Vermont and Alaska in allowing any resident to a carry concealed weapon wherever and whenever they choose. The Court asked the Legislature to address this issue once nicely – and that exactly is why the Personal Protection Act legislation was reintroduced in Madison so soon after this decision.
Now the real questions at hand are: Is it safe for you as a member of the Legislature to count on them again? How will the Supreme Court rule next time, knowing the current Governor is sure to veto any future concealed carry permit law?
(this is a “threatening” letter I’m working on to send to my Assembly person, Shirley Krug (D) – do you think it’ll give her something to think about?)