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Fisher Decision Tomorrow

Tomorrow morning the Wisconsin Supreme Court will pass down its ruling in the State v. Scott K. Fisher case.  Here’s a description of the case and the issues involved.

This is a ‘concealed carry’ case. The Supreme Court will decide if the law that prohibits carrying concealed weapons may be enforced against a business owner who kept a loaded gun in the console of his vehicle for security while making night deposits.

This is the third time in recent years that the state Supreme Court has weighed the constitutionality of applying the law that prohibits carrying concealed weapons in light of the 1998 state constitutional amendment that guarantees the people’s right to bear arms.

In State v. Cole,6 the Court concluded that a man who was discovered with two guns in a car during a routine traffic stop could be convicted of violating the concealed carry law because his generalized assertion of feeling unsafe in a neighborhood where he had been brutally beaten was not sufficient to warrant carrying a gun for personal safety.

In State v. Hamdan,7 the Court concluded that a grocery store owner, who was carrying a gun in his pocket while in the store, could not be prosecuted for carrying a concealed weapon because he had a legitimate security interest at his place of business. The Court emphasized that a person’s expectation of personal security is greatest on his or her own property.

This current case presents the court with elements from both previous cases: a business owner carrying a loaded gun in his vehicle. Scott Fisher owned and operated the Cozy Corner Tavern in Black River Falls. At bar time, he would transport the night’s receipts – a substantial amount of cash – to the bank or to his home. He testified that this required travel through a high-crime neighborhood.

That Fisher packed a loaded pistol in the center console of his truck came to light after the truck was stolen and he notified police that the pistol was in it. Soon after the theft, the truck thief was killed in a knife fight and the truck and loaded pistol were returned to Fisher. After Fisher had a subsequent encounter with a law enforcement officer and disclosed that he still had the loaded gun in his truck, he was charged with carrying a concealed weapon.

The circuit court dismissed the complaint after Fisher argued that his constitutional right to protect himself outweighed the State’s interest in enforcing the statute. The Court of Appeals certified the State’s appeal to the Supreme Court, which will decide whether Fisher can be prosecuted for violating the concealed carry statute.

Since Doyle has blocked any legislation that would bring Wisconsin’s concealed carry statute into compliance with the constitution, it looks like the courts will continue to define the legal parameters of concealed carry.  The ruling could lead to virtually unrestricted concealed carry (we can hope) or something different.  The court can’t write law (I know… stop laughing), so it’s hard to predict how this will come down.  The ruling should be out at 8:30 tomorrow morning.

Posted by Owen at 1854 hrs
Law + Politics + Politics - Wisconsin

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