More interesting WI Carry developments.

[AJ Dual]

http://www.wrn.com/2010/10/county-judge-rules-concealed-carry-ban-unconstitutional/

We will have to see how far this one goes. All the way to the WI Supreme Court? There is going to be a TON of court activity on open carry and concealed carry over the next year here. 

[vaskidmark]

I'm not sure the ruling will survive the first level of appeal, given that Open Carry is in fact a legal option.

However, should the ruling be overturned, it will put a might crimp in the police conspiracy to arrest every open carrier.

It may not get CCW for Wisconsin, but it will "legitimize" open carry beyond anybody's wildest dreams.

stay safe.

[AJ Dual]

This is good because it's ALL pressure for the legislature to pass shall-issue CCW in 2011. We'll need it if we don't capture both houses this fall.

And I don't know how the legal argument is constructed, but since despite the State SC, and the state AG's written legal opinion that warns LEA's from charging OC as DC/DTP etc. but it keeps on happening anyway, that may provide some kind of standing.

I'm guessing the DA won't be dumb enough to play "useful idiot" and won't appeal.

[Strings]

How WOULD the willingness of so many PDs to ignore the AG's opinion on OC effect something like this?

They can claim that open carry is legal all they want. KNOWING that you're likely to get charges filed if you do carry amounts to a de facto ban on that activity...

[Monkeyleg]

IIRC, the AG's opinion was advisory, not binding in any way. The court decisions on open carry have been circuit court decisions, and so have almost no value as precedent (or so an attorney told me).

[HeroHog]

I would so love to see the Second Amendment finally be the final say and all one needs to carry any weapon any way they wish!

[vaskidmark]

IIRC, the AG's opinion was advisory, not binding in any way. The court decisions on open carry have been circuit court decisions, and so have almost no value as precedent (or so an attorney told me).

All AG opinions are advisory, as only the rulings of a court are binding.  The rulings are only precedential within the Circuits where they are issued, but other judges will look at them for guidance on how to rule.  The fact that Circuit Court decisions are begining to pile up in many jurisdictions will give the Court of Appeals/State Supreme Court ammunition upon whch to show the "growing consensus".

With but a single step the journey is begun.  Each step is but a small one, but together they bring you to your destination.  Some guy wrote lines to that effect a long time ago.  It's become ingrained in law schools the world over.

stay safe.

[sanglant]

I would so love to see the Second Amendment finally be the final say and all one needs to carry any weapon any way they wish!

please don't forget the buy.