Concealed weapons ban ruled unconstitutional
Judge's decision applies to unloaded gun in a case
By Bruce Vielmetti of the Journal Sentinel
Feb. 13, 2011 9:42 p.m.
In the ongoing evolution of Wisconsin gun law, a Milwaukee County judge has ruled the state's ban on concealed weapons unconstitutional as applied to a man who had an unloaded, encased gun under his car seat three days after he had been robbed at gunpoint in the same area of the city.
In an eight-page decision and order, Circuit Judge J.D. Watts agreed that for Jeremy Pinnow to exercise his right to bear arms for security and self-defense, he had few other choices.
Watts' ruling comes as gun rights advocates expect the new Republican-controlled Legislature to allow concealed carry in Wisconsin, one of two states, along with Illinois, that ban it entirely. At least one Wisconsin prosecutor last year declared he would not enforce the current concealed carry ban in light of a U.S. Supreme Court ruling that overturned Chicago's handgun ban.
But unless Watts' order gets appealed, it would not likely become a green light for all drivers to keep guns in the front seat area, even if the weapons are unloaded and encased.
Pinnow, 28, of Cascade in Sheboygan County, was doing remodeling work in a large apartment building near N. 14th and Locust streets the evening of April 12 when he and two co-workers were robbed at gunpoint by two men who hogtied the victims, pressed a gun to the back of Pinnow's head, and took his wallet, phone, money and Chrysler Neon. As they left, they told Pinnow that when he got untied, he could find the car in an alley near N. 25th St. and W. Capitol Drive.
The victims reported the robbery to police, who later saw men matching the suspects' descriptions on foot, gave chase and recovered items, including Pinnow's car keys. The suspects got away.
Two nights later, Pinnow was parked at a gas station near N. 26th and W. Capitol Drive. He was looking for his stolen car. A police officer approached and asked if he had guns, drugs, knives or bombs. Pinnow said he had a gun. The police found his chrome Cobra .38, which he purchased legally at a Washington County gun show before being robbed, in a closed plastic case under the driver's seat. A magazine with five rounds was in a center console. Pinnow was charged with carrying a concealed weapon, a misdemeanor.
Pinnow sought to have the case dismissed, and a hearing was held on his motion last fall.
According to Watts' order, released Friday, no evidence at the hearing suggested Pinnow had the gun for any unlawful purpose.
Watts' decision relies heavily on a 2003 state Supreme Court opinion that found the concealed-carry law was not unconstitutional as applied to a Black River Falls bar owner who had two loaded guns in his car and argued he needed them because he often deposited the nights' receipts early in the morning.
In that case, the court noted the bar owner was in a low-crime area, had never been robbed, and was in fact doing other errands during the day when he was stopped with the guns.
Watts found that Pinnow, in contrast, had just been robbed, was searching for his stolen car in a high-crime area, and had tried to comply with another state law about the transportation of firearms by keeping his gun unloaded, and in a case.
"He was exercising his right to bear arms in a reasonable and prudent manner," Watts wrote.
"Requiring Pinnow to put the encased unloaded firearm out of reach would effectively deny him his right to bear arms guaranteed" by the Wisconsin Constitution.
Pinnow's attorney, Christopher R. Smith of Greenfield, said the concealed-carry and transportation of firearms statutes, taken together, are vague. Since the mid-1990s, Smith said, almost any transportation of a gun anywhere but in a trunk has been presumed treated as concealed-carry when police want to bring that charge. But the law that requires guns be unloaded and in a case doesn't specify that they must also be in trunk.
"A person trying to follow the law really can't understand how to do it," Smith said.
Judge's decision applies to unloaded gun in a case
By Bruce Vielmetti of the Journal Sentinel
Feb. 13, 2011 9:42 p.m.
In the ongoing evolution of Wisconsin gun law, a Milwaukee County judge has ruled the state's ban on concealed weapons unconstitutional as applied to a man who had an unloaded, encased gun under his car seat three days after he had been robbed at gunpoint in the same area of the city.
In an eight-page decision and order, Circuit Judge J.D. Watts agreed that for Jeremy Pinnow to exercise his right to bear arms for security and self-defense, he had few other choices.
Watts' ruling comes as gun rights advocates expect the new Republican-controlled Legislature to allow concealed carry in Wisconsin, one of two states, along with Illinois, that ban it entirely. At least one Wisconsin prosecutor last year declared he would not enforce the current concealed carry ban in light of a U.S. Supreme Court ruling that overturned Chicago's handgun ban.
But unless Watts' order gets appealed, it would not likely become a green light for all drivers to keep guns in the front seat area, even if the weapons are unloaded and encased.
Pinnow, 28, of Cascade in Sheboygan County, was doing remodeling work in a large apartment building near N. 14th and Locust streets the evening of April 12 when he and two co-workers were robbed at gunpoint by two men who hogtied the victims, pressed a gun to the back of Pinnow's head, and took his wallet, phone, money and Chrysler Neon. As they left, they told Pinnow that when he got untied, he could find the car in an alley near N. 25th St. and W. Capitol Drive.
The victims reported the robbery to police, who later saw men matching the suspects' descriptions on foot, gave chase and recovered items, including Pinnow's car keys. The suspects got away.
Two nights later, Pinnow was parked at a gas station near N. 26th and W. Capitol Drive. He was looking for his stolen car. A police officer approached and asked if he had guns, drugs, knives or bombs. Pinnow said he had a gun. The police found his chrome Cobra .38, which he purchased legally at a Washington County gun show before being robbed, in a closed plastic case under the driver's seat. A magazine with five rounds was in a center console. Pinnow was charged with carrying a concealed weapon, a misdemeanor.
Pinnow sought to have the case dismissed, and a hearing was held on his motion last fall.
According to Watts' order, released Friday, no evidence at the hearing suggested Pinnow had the gun for any unlawful purpose.
Watts' decision relies heavily on a 2003 state Supreme Court opinion that found the concealed-carry law was not unconstitutional as applied to a Black River Falls bar owner who had two loaded guns in his car and argued he needed them because he often deposited the nights' receipts early in the morning.
In that case, the court noted the bar owner was in a low-crime area, had never been robbed, and was in fact doing other errands during the day when he was stopped with the guns.
Watts found that Pinnow, in contrast, had just been robbed, was searching for his stolen car in a high-crime area, and had tried to comply with another state law about the transportation of firearms by keeping his gun unloaded, and in a case.
"He was exercising his right to bear arms in a reasonable and prudent manner," Watts wrote.
"Requiring Pinnow to put the encased unloaded firearm out of reach would effectively deny him his right to bear arms guaranteed" by the Wisconsin Constitution.
Pinnow's attorney, Christopher R. Smith of Greenfield, said the concealed-carry and transportation of firearms statutes, taken together, are vague. Since the mid-1990s, Smith said, almost any transportation of a gun anywhere but in a trunk has been presumed treated as concealed-carry when police want to bring that charge. But the law that requires guns be unloaded and in a case doesn't specify that they must also be in trunk.
"A person trying to follow the law really can't understand how to do it," Smith said.