Court creates exemption to Wisconsin gun ban
COURT:The state Supreme Court rules that home and store owners can carry concealed weapons on their property.
BY JR ROSS
ASSOCIATED PRESS
MADISON - The state Supreme Court created an exemption to Wisconsin's ban on concealed weapons Tuesday, ruling an amendment to the state constitution guaranteeing the right to bear arms allows owners of homes and businesses to carry guns on their own property as long as it's for a lawful purpose.
The court refused to overturn the state's ban on concealed weapons. But it devised a test to balance the 5-year-old amendment's guarantees to bear arms with the state's interest in a general prohibition on concealed weapons in public granted under the 130-year-old ban.
Justice David Prosser wrote for the majority that it often makes more sense in a home or private business to keep a weapon concealed than to force the owner to display it in plain sight.
"We do not think it is necessary to spell out the dangers created by making firearms more accessible to children, to assailants, to strangers and to guests," Prosser wrote.
The justices also urged lawmakers to re-examine the state's ban in the wake of the amendment and to consider the possibility of a licensing or permit system for those who have a good reason to carry a concealed weapon.
The court issued decisions in two cases Thursday in which defendants challenged the ban on concealed weapons in light of the amendment voters approved in 1998.
The court voted 6-1 to overturn the conviction of a Milwaukee grocery store owner, who was arrested in November 1999 when police found he was carrying a loaded gun in his pants pocket.
But it upheld the 2000 conviction of a Milwaukee man after police found marijuana and two guns in his car during a routine traffic stop.
Wisconsin's concealed weapons law, in place since the 1870s, prohibits anyone but a peace officer from carrying a concealed and dangerous weapon. The right-to-bear-arms amendment voters approved says: "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
Prosser wrote that for the right to carry and keep arms for security to mean anything, it must permit a person to carry and sometimes conceal a weapon to protect a private residence or business.
Prosser also wrote that the state can ban concealed weapons when someone is carrying them for an unlawful purpose.
Otherwise, the courts have to consider two questions in determining whether someone has violated the ban:
• Did the defendant need to conceal a weapon substantially outweigh the state's interest in enforcing the ban?
• Did the defendant lack a reasonable alternative to concealing the weapon in exercising the right to bear arms?
Attorney Chris Trebatoski, who represented the Milwaukee shop owner, said it's likely people besides home and shop owners will argue in court that they, too, should be allowed to carry a concealed weapon.
He said it would take legislative action to clear up the relationship between the amendment and the ban, as well as address permits.
"The litigation is going to be, when is it appropriate for somebody to carry a concealed weapon outside their home or place of business?" he said.
Lawmakers have introduced several bills in the past several years to change the state's concealed weapons ban.
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