Madison WI Carrying a Concealed Weapon Attorney Lawyer

Carrying a concealed weapon is a Class A misdemeanor under the Wisconsin criminal law, punishable by up to 9 months jail and up to a $10,000 fine.  The idea that it can be a crime to carry a firearm seems to contradict the constitutional right to keep and bear arms.  This issue was addressed by the Wisconsin Supreme Court in 2003.  The Court refused to strike down the carrying a concealed weapon law as unconstitutional, but did say that the constitutionality of a charge of carrying a concealed weapon must be evaluated on a case by case basis.  If the public benefit from the prohibition of carrying a concealed weapon is substantially outweighed by an individual’s need to conceal a weapon in the exercise of the right to bear arms, the carrying a concealed weapon law is unconstitutional in that particular case.

In the ordinary carrying a concealed weapon case, the state needs to prove the following elements beyond a reasonable doubt:

That the defendant went armed with a dangerous weapon.  “Went armed” means that the weapon was either on the defendant’s person or within the defendant’s reach.

That the defendant was aware of the presence of the weapon.

That the weapon was concealed.

If the court determines that that right to bear arms in a particular case substantially outweighs the public benefit to the prohibition of carrying a concealed weapon, the state must also prove beyond a reasonable doubt that the defendant went armed for an unlawful purpose.

Call Madison carrying a concealed weapon defense lawyer Robert T. Ruth at 608-257-2540 for a free consultation if you need carrying a concealed weapon defense lawyer in Wisconsin.