Concealed weapons ban upheld

The Associated Press

WAUSAU — A state appeals court Tuesday upheld a state law that makes it a crime to carry a concealed weapon for everybody but police officers.

A Green Bay man had argued the law was unconstitutional because voters in 1998 had amended the state constitution to say people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

The 3rd District Court of Appeals said nothing in the amendment grants the right to carry concealed weapons.

The state law making it a crime to carry concealed weapons does not “impinge” on the right to keep and bear arms, Judge Michael Hoover said. “It simply limits the manner in which they are carried.”

According to court records, Harold Grimes III was involved in a one-car rollover in Green Bay on Aug. 25, 2000.

Police found an uncased, loaded pellet gun in the passenger compartment of Grimes’ pickup and charged him with carrying a concealed weapon, court records said.

Grimes told investigators he used the gun for hunting and had not removed it from the pickup after his last hunting trip, court records said.

Under Wisconsin law, any person except a law enforcement officer who carries a concealed and dangerous weapon is guilty of a misdemeanor.

Brown County Circuit Judge Sue Bischel rejected Grimes’ motion to dismiss the charge on grounds that it violated his constitutional rights.

Grimes then pleaded no contest to the charge, he was fined $208 and he appealed, court records said.

Grimes’ attorney, William Donarski, said Tuesday that he was surprised the appeals court issued a ruling because there are several pending appeals on the exact same issue before the Wisconsin Supreme Court.