A ruling by a Wisconsin circuit court judge that the state’s ban on concealed carry -- at least as it pertained to one specific case -- is unconstitutional may have provided new energy to that state’s gunowners to press for adoption of a concealed carry statute.
Milwaukee County Circuit Judge Daniel Noonan dismissed a case against former pizza delivery driver Andres Vegas, who shot two would-be robbers last year with a handgun that he had carried concealed, following an earlier robbery attempt that also ended in a shooting. Vegas had been warned not to carry a concealed handgun while on the job following the earlier incident in which he had shot a teenager who pulled a gun on him.
According to The Milwaukee Journal Sentinel, Judge Noonan noted in his decision that “Given Vegas’s experience, he has a need for a gun at a moment’s notice. Enclosing and unloading the weapon is not a reasonable alternative to secure and protect his safety. Plus, Vegas while delivering pizzas enters and exits his car constantly; it would be unreasonable for him every time that he enters his car to require him to unload it and place it in a case and then reverse the process every time he exits. This defeats the purpose of having the gun for security and protection.”
Wisconsin is one of only two states where concealed carry is prohibited; the other is neighboring Illinois. Anti-gun Wisconsin Democrat Gov. Jim Doyle has twice vetoed concealed carry legislation in the past five years, and both times the Legislature failed to override.
The judge’s ruling only applies to the Vegas case, so the district attorney has announced he will not appeal. Such an appeal could lead to a ruling by the state Supreme Court that might strike down the statewide concealed carry ban as unconstitutional. Wisconsin’s constitution specifically affirms that “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”
Because concealed carry is prohibited, the state high court has already ruled, in a case called State v. Hamdan, that open carry is legal. This prompted the Second Amendment Foundation (SAF) to suggest in a statement that gun rights activists might start carrying handguns openly in an effort to convince state lawmakers to pass concealed carry legislation. That strategy is not without precedent.
The same situation arose in Ohio a few years ago, after anti-gun former Republican Gov. Bob Taft had first reneged on a promise to support concealed carry and then did everything he could to prevent the legislation from reaching his desk. But a lawsuit backed by SAF brought the issue to the front burner, and ultimately not only did Ohioans pass concealed carry, they replaced the governor.
“Anti-gun Gov. Jim Doyle and his cronies in the Legislature should take a lesson from the Vegas case and stop interfering with the civil rights of their constituents,” said SAF founder Alan Gottlieb. “Twice in the past five years, Doyle has blocked sensible concealed carry legislation. Evidently he would rather see hard-working citizens like Vegas be robbed, and perhaps worse, than have the ability to defend themselves against a criminal element that has been emboldened by Doyle’s disarmament policies.”
Gottlieb reminded Wisconsinites in a statement that theirs is an “open carry” state, and that Doyle last year had actually recommended the practice to anyone who wants to carry a sidearm. He was speaking to a crowd in March at Lake Delton when he noted, in response to a question about concealed carry, “If you want to carry a gun in Wisconsin, wear it on your hip.”
“Perhaps Wisconsinites ought to take Doyle’s advice,” Gottlieb suggested.
Dave Workman is the Senior Editor of GunWeek Magazine.
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