imported post
took forever, but i found it!;
In State of Wisconsin v. Munir A. Hamdan, 264 Wis. 2d 433 (2003), the Wisconsin Supreme Court ruled that Hamdan’s constitutional right to bear arms had been violated, overturning his conviction for violating the law. Hamdan, the owner of a family-run grocery store in a high-crime neighborhood in Milwaukee, routinely kept a loaded gun under the counter near the cash register. In addition to numerous violent criminal incidents outside the store, his premises had been the target of four armed robberies in recent years. In one, the assailant’s gun misfired when the trigger was pulled, sparing Hamdan’s life. In another, he shot and killed a robber in self-defense. In the incident at issue, he was in the process of putting the gun in storage for the night when he was discovered by police to be carrying it in his pants pocket. The court found that the statute could not be constitutionally applied in this situation because Hamdan’s personal interest in having a concealed weapon in his store outweighed the state’s interest in enforcing the statute:
If the constitutional right to keep and bear arms for security is to mean anything, it must, as a general matter, permit a person to possess, carry and sometimes conceal arms to maintain the security of his private residence or privately operated business, and to safely move and store weapons within these premises.
The court went on to state that a Wisconsin resident has the right to carry a concealed weapon on his or her property, business, or
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home, when: 1) the need to exercise this right is significant, 2) the person has no other reasonable means to keep and handle the weapon, and 3) the person was not motivated by any unlawful purpose in concealing the weapon.
In a third case, the Wisconsin Supreme Court refused to expand the exceptions to carrying concealed weapons to include vehicles, but did allow that there could be circumstances under which it would be permitted. In State of Wisconsin v. Scott K. Fischer, 290 Wis. 2d 121, the court, in May 2006, rejected the argument that a bar owner who transported money in his vehicle was in an extension of his business. Writing for the majority, Justice Ann Walsh Bradley wrote that absent a reasonable belief that a person is actually confronted with a reasonable threat of bodily harm or death: