On Point blog, page 6 of 6
Wisconsin Constitution – Construction – Scrutiny of Fundamental Right – “Bear Arms”
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. L. Rev. at 249.
§ 941.23, CCW – As-Applied Constitutionality, in Light of Wis. Const. Art. I, § 25
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 possessed and used. See State v.
§ 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,