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October 14th, 2010, 09:45 PM #1
WI: Concealed Carry ban unconstitutional
http://www.wisconsinappeals.net/wp-c...0/Schultz1.pdf
This court concludes that a strict
scrutiny test should be applied in evaluating the statute in question here, section
941.23. The court reaches this conclusion because sec. 941.23 absolutely prohibits
the carrying of concealed weapons for all persons in Wisconsin,1 except “peace
officers.” The statute flatly prohibits a certain behavior/activity. It thus takes away
what this court understands Heller and McDonald to deem an individual and
fundamental right. Strict scrutiny arises when a fundamental constitutional right, as
those listed in the Bill of Rights, is infringed, and that Right has been deemed to
apply to the States by virtue of the Fourteenth Amendment.2 United States v.
Carolene, 304 U.S. 144 (1938)...........
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October 14th, 2010, 09:48 PM #2
Re: WI: Concealed Carry ban unconstitutional
Being discussed already..
http://forum.pafoa.org/national-11/1...itutional.html
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