September 26, 2007

Guns > WI Circuit Court Upholds CCW Right Without Permit

From 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.

Even though this charge was brought forward by the DA’s office, the court has ruled in favor of Vegas, saying:

“Defendant Vegas has demonstrated the requisite extraordinary circumstances that warrant his concealed weapon…Vegas legally purchased his firearm for the purpose of security and protection. There is a strong inference that Vegas’ concealed firearm has saved his life during these violent assaults…Vegas has a substantial interest in being secure and protecting himself by carrying a concealed weapon.”

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.


Posted by lesjones | TrackBack



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, 2007

It'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, 2007

It's the affirmative defense called Justification.

Perpster

Posted by: perpster at September 26, 2007
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