September 26, 2007Guns > WI Circuit Court Upholds CCW Right Without PermitFrom The High Road On September 13, 2006, an unarmed Vegas -- acting under the orders of the District Attorney to avoid prosecution -- was robbed, beaten, and sprayed with pepper spray by three assailants. Consequently Vegas went out and purchased another firearm. On January 4, 2007, Vegas was again attempting to deliver a pizza when two men approached him and pointed a gun in his face. This time, he responded by again exercising his right to self-defense and shot his assailant in the hip. Vegas then secured his assailant' s firearm along with his, placed them both on the roof of his car, dialed 911, and waited for the police to arrive. The DA determined that he acted in self defense, but he was subsequently charged with CCW for the moments before he was assaulted and defended. Before anyone jumps to any conclusions, I don't think this means you're free to CCW without a license anywhere. First of all, it's a lower court ruling that could get overturned. Beyond that, the pizza guy had a specific history, and was actually attacked at the time his CCW status was revealed. (There's a name for that - breaking the law, but finding that breaking the law was necessary, but I forget what it's called.) Still, it's a good win for the right to self-defense.
Comments
In both TN and GA, actually needing it to spark a goblin is an affirmative defense to the charge of carrying w/o a permit. Posted by: Tam at September 26, 2007It's not going to be overturned by a higher court because the city won't be appealing the decision. The reason the city won't be appealing the decision is that the State Supreme Court actually favors concealed carry and would come down with a much more general ruling. There is also the fact that the Milwaukee prosecutor's office never does any more than they have to. Posted by: triticale at September 26, 2007"Affirmative defense" is the phrase I was looking for. Thanks, Tam. Posted by: Les Jones at September 26, 2007It's the affirmative defense called Justification. Perpster Posted by: perpster at September 26, 2007Post a comment
|
Search
Sponsors
Archives
Every post A&E - (222) Best Of - (57) Blogging - (274) Comic Books - (41) Dancing Baloney - (30) Dear Lazyweb - (21) E-commerce - (172) East Tennessee - (328) Economics - (96) Environment - (88) European Union - (38) Everything's Illegal - (5) Family Tree - Jones Side - (1) Family Tree - Moore Side - (7) Food & Drink - (82) Funny Ha-Ha - (173) Guns - (408) Guns and Cameras - (2) Health Care - (47) Holidays - (23) Home Life - (293) Johnia Berry - (53) Macular Degeneration - (11) Media Behaving Badly - (71) Middle East - (48) Misc - (117) Mortgage Crisis - (13) Municipal Wi-Fi - (19) News - (309) Nifty - (94) Photos - (87) Political Survival Kit - (25) Politics - (85) Polls - (22) Population - (36) PSAs - (11) Quotes - (229) Rocky Top Brigade - (38) Science - (129) Scratch Pad - (5) Seventies - (3) Social Security - (11) Star Wars - (55) Tech - (131) The Usual Suspects - (15) Timothy Treadwell - (6) Travel - (61) True Crime - (71) Word of the Day - (133) |