Appellate Decisions Released May 17, 2006

The Wisconsin Supreme Court released its opinion in State v. Fisher today.

The Supreme Court considered whether the right to keep and bear arms, vouchsafed to Mr. Fisher by Article I, section 25 of the Wisconsin Constitution, prohibited his prosecution under these circumstances. The Circuit Court held it did, and upon the State's appeal, the Court of Appeals certified the question to the Wisconsin Supreme Court. The case arose as follows:

In a discussion with a DNR warden, Mr. Fisher acknowledged he carried a gun in his car for security purposes. Mr. Fisher said he needed the gun because, as a tavern owner, he routinely carried large amounts of cash. The warden seized the gun and issued Mr. Fisher a citation for unlawfully carrying a concealed weapon.


The constitutional provision reads as follows:

"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

The State pursued Mr. Fisher pursuant to Wis. Stat. sec. 941.23, which reads:

"Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor."

The people of the State of Wisconsin adopted the constitutional provision subsequent to enactment of the criminal statute. The people of the Wisconsin Supreme Court decided the constitutional provision erected no bar to prosecution because Mr. Fisher did not demonstrate a "substantial need to exercise his right to keep and bear arms for security purposes."

By the way, let's welcome the National Rifle Association to Wisconsin for its yearly convention.

The Wisconsin Court of Appeals released these opinions today, of which it recommended publication of the following:

State v. Sutton (voluntariness of a guilty plea).