Legal Opinion · Dissent

State v. Hamdan

Wisconsin Supreme Court

Decided July 15, 2003No. 01-0056-CRPublished

1Dissent

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 114. (dissenting). I conclude that Wis. Stat. § 941.23, prohibiting people from going armed with a concealed weapon, is constitutional as written and as applied. The Wisconsin constitution provides that "[t]he *501people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."1 I therefore dissent.

¶ 115. The court should not rewrite Wis. Stat. § 941.23 to include exceptions for owners of "privately operated businesses" and persons in their "private residences."2 If Wis. Stat. § 941.23 is unconstitutional…

2Cases cited24 opinions

  1. Arnold v. City of ClevelandOhio Supreme Court · 1993
  2. Aicher Ex Rel. LaBarge v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2000
  3. State v. ColeWisconsin Supreme Court · 2003
  4. People v. BlueSupreme Court of Colorado · 1975
  5. State v. KesslerOregon Supreme Court · 1980

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