State of Wisconsin v. Joshua J. Schultz

A Judge in the Circuit Court of Clark County Wisconsin has struck down Wisconsin's prohibitions on concealed carry in State of Wisconsin v. Joshua J. Schultz. Click on the case name for a copy of the opinion. Among other things, the court described to overbroad prohibitions of Wisconsin's law:,
Heller and McDonald, recognize the fundamental and personal right written, in plain English, in the Second Amendment. These two decisions reinforce the need for the sec. 941.23 to be narrowly tailored and, in addition, the least restrictive means of the State achieving its goal. The statute is neither. As written, sec. 941.23:

1. Prohibits a gun or knife owner from storing his weapons out of plain sight, such as in a gun cabinet, closet or drawer in his own home.
2. Prohibits a store owner from storing his weapons out of plain sight at his place of business, a store in a “rough” neighborhood.
3. Prohibits the logger, hiker, cross country skier and other outdoors person from keeping his weapon out of plain sight, but available, in the event of a wolf, bear or other wild animal attack.
4. It prohibits judges, prosecutors, defense attorneys, court staff and child support agency workers (and many others) that have received legitimate death threats from carrying a concealed weapon for personal safety.

The court could continue this list ad infinitum
The holding:
In sum, sec. 941.23 is unconstitutional on its face as overly broad in violation of the Second and Fourteenth Amendments of the United States Constitution.


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