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Right to Carry - Wisconsin

This piece is, while geared toward the situation in Wisconsin (which still even now (late 2008) has no right to carry), is a useful analysis of aspects surrounding this right, and is broadly applicable across a wider platform through much of its content.

The author, while not professing to be a legal expert has assembled much information to help support the citizen's right to carry and provides good and logical food for thought.


INCHOATE INTERROGATORY


        1. PURPOSE OF GOVERNMENT, GENERAL


As stated so eloquently by Frederic Bastiat (1801-1850) in his booklet THE LAW:

"Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place."


1.01. Admit or deny that the right to life precedes the instituting of government.

1.02. Admit or deny that the right to liberty precedes the instituting of government.

1.03. Admit or deny that the right to property precedes the instituting of government.

1.04. Admit or deny that the Declaration of Independence contains the following text:

We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and unalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

1.05. Admit or deny that according to the Declaration of Independence the purpose of governments is "to secure these rights [of] life, liberty, and the pursuit of happiness".

1.06. Admit or deny that a failure of a government "to secure these rights [of] life, liberty, and the pursuit of happiness" negates such a government's reason for existing.

1.07. Admit or deny that a government that has negated its reason for existing is a government without authority.

1.08. Admit or deny that the Preamble to the Constitution of the United States contains the following text:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

1.09. Admit or deny that Citizen OKC is one of the "We the People" and one of the "Posterity" BY, and FOR WHICH the Constitution was created.

1.10. Admit or deny that Article 1, Section 1 of the Wisconsin Constitution contains the following text:

All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.

1.11. Admit or deny that according to the Wisconsin Constitution, the purpose of governments is "to secure these rights" of "life, liberty, and the pursuit of happiness".

1.12. Admit or deny that any government that fails "to secure these rights" of "life, liberty, and the pursuit of happiness" negates its reason for existing.

1.13. Admit or deny that a government that has negated its reason for existing is a government without authority.


        2. PURPOSE OF GOVERNMENT, RIGHT TO LIBERTY


2.01. Admit or deny that according to the Declaration of Independence, a purpose of governments is to "secure the right of liberty" to the Citizens.

2.02. Admit of deny that according to the Wisconsin Constitution, the purpose of governments is to secure the inherent right of liberty to the Citizens.

2.03. Admit or deny that according to the Preamble to the Constitution of the United States, a purpose of the Constitution of the United States is to "secure the Blessings of Liberty" to the Citizens.

2.04. Admit or deny that a failure of a government to secure a Citizen's liberty negates such a government's reason for existing.

2.05. Admit or deny that a government that has negated its reason for existing is a government without authority.

2.06. Admit or deny that a law enacted by a government without authority is a law without authority.

2.07. Admit or deny that any law which interferes with a Citizen's liberty negates the authority of the government that made such a law.

2.08. Admit or deny that any such law enacted by a government which negates that government's authority negates (voids) the law's authority ab initio.

2.09. Admit or deny that any law which interferes with a Citizen's liberty is void ab initio, and may be ignored with impunity as if such a law was never enacted.


        3. PURPOSE OF GOVERNMENT, RIGHT TO LIFE


3.01. Admit or deny that according to the Declaration of Independence, a purpose of governments is to "secure the right to life" of the Citizens.

3.02. Admit of deny that according to the Wisconsin Constitution, the purpose of governments is to secure the inherent right to life of the Citizens.

3.03. Admit or deny that a failure of a government to secure a Citizen's right to life negates such a government's reason for existing.

3.04. Admit or deny that a government that has negated its reason for existing is a government without authority.

3.05. Admit or deny that a law enacted by a government without authority is a law without authority.

3.06. Admit or deny that any law which interferes with a Citizen's right to life negates the authority of the government that made such a law.

3.07. Admit or deny that any such law enacted by a government which negates that government's authority negates (voids) the law's authority ab initio.

3.08. Admit or deny that any law which interferes with a Citizen's right to life is void ab initio, and may be ignored with impunity as if such a law was never enacted.


        4. CITIZEN, RIGHT TO LIBERTY


The following is attributed to Thomas Jefferson who had a large hand in composing the Constitution of the United States:

"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual."

4.01. Admit or deny that rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.

4.02. Admit or deny that limits drawn around us by the equal rights of others are limits clearly exceeded when the equal rights of others are injured or damaged.

4.03. Admit or deny that when action according to our will is obstructed and said actions are within the limits drawn around us by the equal rights of others, then our rights of liberty are infringed.

4.04. Admit or deny that the right of liberty inherently includes the right to make choices about one's own life.

4.05. Admit or deny that the right of liberty inherently includes choosing how one will protect and defend one's self against being injured or killed.

4.06. Admit or deny that the right of liberty inherently includes choosing whatever tool is most expedient to use in protecting and defending one's self against being injured or killed.

4.07. Admit or deny that the right to life inherently includes choosing when, where, or how a Citizen will keep a tool of defense and protection available, whether upon or near one's person.

4.08. Admit or deny that the right of liberty to choose how one will protect and defend one's self against being injured or killed does not infringe upon the equal rights of others.

4.09. Admit or deny that any interference whatsoever of a Citizen's right of liberty to choose whatever tool is most expedient to use in protecting and defending one's self against being injured or killed is an interference of a Citizen's right of liberty.

4.10. Admit or deny that any law purporting to regulate the choices available in regard to a Citizen choosing whatever tool is most expedient to use in protecting and defending one's self is an interference of a Citizen's right of liberty.

4.11. Admit or deny that restrictions on when, where, or how a Citizen will keep a tool of defense and protection available, whether upon or near one's person, is an interference of a Citizen's right of liberty.


        5. CITIZEN, RIGHT TO LIFE


5.01. Admit or deny that protecting and defending one's self against being injured or killed is called self defense.

5.02. Admit or deny that the right to life inherently includes the right of self defense.

5.03. Admit or deny that the right to life inherently includes choosing how one will protect and defend one's self against being injured or killed.

5.04. Admit or deny that the right to life inherently includes choosing whatever tool is most expedient to use in protecting and defending one's self against being injured or killed.

5.05. Admit or deny that the right to life inherently includes choosing when, where, or how a Citizen will keep a tool of defense and protection available, whether upon or near one's person.


        6. INTERFERENCE OF RIGHT TO SELF DEFENSE;
          INTERFERENCE OF RIGHT TO LIFE


6.01. Admit or deny that any interference whatsoever of a Citizen's means (method) of self defense diminishes, or eliminates entirely, the Citizen's ability to defend themselves.

6.02. Admit or deny that any interference whatsoever of a Citizen's means (method) of self defense is an interference of the Citizen's right to life.

6.03. Admit or deny that the preceding two facts are proven in any instance where interference of a Citizen's means (method) of self defense results in the death of the Citizen, where had the interference not happened, said Citizen would not have been killed.

6.04. Admit or deny that any interference whatsoever of a Citizen's means (method) of self defense includes interference in such a Citizen's choice of means (method) and tools to defend themselves.

6.05. Admit or deny that any interference whatsoever of a Citizen's means (method) of self defense which results in the defending Citizen's death makes the interfering party an accessory to the homicide.

6.06. Admit or deny that any so called "tool of defense" that is unreachable is NOT a tool of defense for the entire time it is unreachable.

6.07. Admit or deny that any obstruction that makes a so called "tool of defense" unreachable is an interference in a Citizen's right to self defense; and is an interference in a Citizen's right to life.

6.08. Admit or deny that any obstruction that makes a so called "tool of defense" unusable, even though reachable, is an interference in a Citizen's right to self defense; and is an interference in a Citizen's right to life.

6.09. Admit or deny that restrictions on when, where, or how a Citizen is allowed to keep a tool of defense and protection available; whether upon or near one's person; whether usable or unusable; is an interference of a Citizen's right to self defense; and is an interference in a Citizen's right to life.

6.10. Admit or deny that any law purporting to regulate the choices of means and methods available in regard to a Citizen choosing whatever tool is most expedient to use in protecting and defending one's self is an interference of a Citizen's right to self defense; and is an interference in a Citizen's right to life.

6.11. Admit or deny that any interference whatsoever of a Citizen's right to choose whatever tool is most expedient to use in protecting and defending one's self against being injured or killed is an interference of a Citizen's right to self defense; and is an interference in a Citizen's right to life.


        7. DEPUTY SHERIFFS (POLICE) CAN NOT PROTECT CITIZENS


7.01. Admit or deny that being defended or protected by another person is NOT "self-defense" NOR is it "self-protection".

7.02. Admit or deny that to be defended or protected by another person 24 hours a day / 7 days a week requires such other person to be at the Citizen's side 24 hours a day / 7 days a week.

7.03. Admit or deny that being defended or protected by a deputy sheriff 24 hours a day / 7 days a week requires a deputy sheriff to be at the Citizen's side 24 hours a day / 7 days a week.

7.04. Admit or deny that unless a deputy sheriff can be at the Citizen's side 24 hours a day / 7 days a week, such Citizen can NOT be protected and defended each and every hour of each and every day by a deputy sheriff.

7.05. Admit or deny that even if a deputy sheriff could be assigned to protect and defend a Citizen 24 hours a day / 7 days a week, such an assignment would not allow that particular deputy sheriff to protect and defend any other Citizen unless they were in the presence of the Citizen the deputy sheriff was assigned to protect and defend.

7.06. Admit or deny that Wisconsin Statute 59.26 states:

Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall also appoint, subject to sub. (10), deputy sheriffs for the county as follows:
(a) One for each city and village in the county that has 1,000 or more inhabitants.

7.07. Admit or deny that if the Citizen to deputy sheriff ratio was 1,000:1, the assignment of a deputy sheriff to a single Citizen would leave 999 Citizen's without defense and protection.

7.08. Admit or deny that according to the US Census Bureau 1 the Kenosha County 2000 population was 149,577.

7.09. Admit or deny that according to the US Census Bureau 2 the Kenosha County 2005 population estimate is 160,544.

7.10. Admit or deny that according to the Kenosha County Sheriff's website there are 49 uniformed supervisors and deputies that respond to 911 calls. 3

7.11. Admit or deny that the Citizen to sheriff ratio is 3,276:1 according to the 2005 population estimate and the Sheriff's website statement of the number of uniformed supervisors and deputies.

7.12. Admit or deny that dividing the number of uniformed supervisors and deputies by three shifts changes the Citizen to sheriff ratio to 9,829:1.

7.13. Admit or deny that if the ratio of Citizens to any deputy sheriff is 3,276:1 it would be absolutely impossible for the deputy sheriff to be in the immediate vicinity of the 3,276 Citizen's as they would be dispersed about the county in their homes or away from their homes going about their everyday affairs of life.

7.14. Admit or deny that with a ratio of 3,276:1 it is impossible for any deputy sheriff to protect 3,276 Citizens at the same time.

7.15. Admit or deny that rarely, almost to the point of never, does a deputy sheriff arrive on scene within 5 minutes of a 911 emergency call.

7.16. Admit or deny that it is simply impossible to guarantee a deputy sheriff will arrive within 5 minutes of a 911 call.

7.17. Admit or deny that since it is impossible to guarantee a deputy sheriff will arrive within 5 minutes of a 911 call a Citizen can NOT rely upon a deputy sheriff to protect such a Citizen.

7.18. Admit or deny that even in the case of a firearm attack upon the Citizen, it is still impossible to guarantee a deputy sheriff will arrive within 5 minutes of a 911 call to protect such a Citizen from such a firearm attack.

7.19. Admit or deny that a deputy sheriff's failure to arrive on scene within 5 minutes, in the case of a firearm attack upon a Citizen means such a Citizen being attacked is forced to use "self-defense" to stay alive.

7.20. Admit or deny that in light of the facts presented in 7.01 through 7.19 inclusive, the Citizens can NOT rely on the deputy sheriff(s) (police) to protect them.

7.21. Admit or deny that in light of the facts presented in 7.01 through 7.19 inclusive, the only protection and defense any Citizen can rely on is SELF defense and SELF protection.


        8. ONLY A GUN CAN PROTECT AGAINST A GUN


8.01. Admit or deny that deputy sheriffs carry guns for self-defense against being killed by criminals resisting arrest.

8.02. Admit or deny that an individual capable and running a one hundred yard dash in ten seconds is running at a velocity of 30 feet per second.

8.03. Admit or deny that the slowest muzzle velocity shown in the endnote table 4 is 1330 feet per second.

8.04. Admit or deny that the slowest muzzle velocity shown in the endnote table is 44 times greater than 30 feet per second.

8.05. Admit or deny that no human can outrun any gunpowder or cordite driven bullet.

8.06. Admit or deny that a victim Citizen running away from such a firearm attack is as likely to get shot in the back as to escape being a firearm attack victim.

8.07. Admit or deny that in a firearm attack upon a Citizen, such a Citizen could likely be killed within 5 minutes or less after the commencement of such a firearm attack.

8.08. Admit or deny that if a certain Citizen is the specific target of such a firearm attack, any suggestion that the Citizen should "run away" from the attacker ignores the fact that such an attacker will follow the victim until the crime is complete.

8.09. Admit or deny that a Citizen with nothing to wield defending against a gun wielding attacker intent on multiple homicides is going to die. (Virginia Tech; Columbine.)

8.10. Admit or deny that a knife wielding Citizen defending against a gun wielding attacker intent on multiple murders is just as likely to die.

8.11. Admit or deny that a gun wielding Citizen defending against a gun wielding attacker intent on multiple murders has a much greater chance of not dying.

8.12. Admit or deny that in light of the facts numbered 7.01 to 8.10, any person suggesting that a Citizen should rely upon deputy sheriff (police) protection is non compos mentis.

8.13. Admit or deny that in light of the facts numbered 7.01 to 8.10, any elected official that believes that a Citizen should rely upon deputy sheriff (police) protection is non compos mentis.

8.14. Admit or deny that in light of the facts numbered 7.01 to 8.10, any Citizen that believes they should rely upon deputy sheriff (police) protection is non compos mentis, and suicidal to boot.


        9. LAWS HAVE NO EFFECT UPON CRIMINAL ACTIVITY


9.01. Admit or deny that the crimes of Homicide, Murder, Rape, Robbery, Burglary, et al. have had laws against such crimes almost from time immemorial.

9.02. Admit or deny that in spite of laws against the crimes of Homicide, Murder, Rape, Robbery, Burglary, et al. criminals continue to ignore these laws and perpetrate such crimes.

9.03. Admit or deny that such laws have no impact upon a criminal's criminal activity.

9.04. Admit or deny that since laws have no impact upon a criminal's criminal activity, a criminal who ignores laws against Homicide, Murder, Rape, Robbery, Burglary, et al. is going to ignore firearms laws just as readily.

9.05. Admit or deny that law abiding Citizens will usually honor laws banning concealed carry.

9.06. Admit or deny that criminals will not honor laws banning concealed carry.

9.07. Admit or deny the truth contained in the cliché "When guns are outlawed, only outlaws will have guns."


        10. CONCEALED CARRY PROHIBITION INCREASES CITIZEN
            ENDANGERMENT


10.01. Admit or deny that a prohibition of concealed carry serves to identify all unarmed Citizen's by their absence of a firearm.

10.02. Admit or deny that a prohibition of concealed carry serves to identify unarmed potential victims for a criminal to victimize with impunity.

10.03. Admit or deny that a prohibition of concealed carry serves to identify which Citizen in a group is most capable and likely to interfere with a criminal's intention to attack any group of Citizens.

10.04. Admit or deny that a prohibition of concealed carry serves to identify when an openly armed Citizen has no flank protection by other openly armed Citizens.

10.05. Admit or deny that a criminal can ambush kill an openly armed Citizen who has no flank protection and then continue to attack the remaining Citizens in the group at leisure with impunity.

10.06. Admit or deny that when the only armed Citizen in a group is ambush killed, the protection provided by that armed Citizen's presence dies with the armed Citizen.

10.07. Admit or deny that forcing a criminal to guess which Citizen's are armed (wolves) and which Citizens are unarmed (sheep) decreases the criminal's confidence of completing an attack unscathed.

10.08. Admit or deny that the likelihood of things going badly for the criminal increases substantially when attacking a Citizen with a concealed defensive weapon compared to an unarmed Citizen.

10.09. Admit or deny that a criminal not knowing which Citizens are armed affords greater safety and protection to all Citizens in any given group by virtue of the combined results of facts 10.07 and 10.08.

10.10. Admit or deny that any law which purports to prohibit a Citizen's the right to carry concealed diminishes the Citizen's safety and increases the Citizen's endangerment.


        11. THE RIGHTS PROTECTED IN THE BILL OF RIGHTS ARE INDIVIDUAL
            RIGHTS


11.01. Admit or deny that the Constitution of the United States, Amendment 1 states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

11.02. Admit or deny that "freedom of religion" is an INDIVIDUAL right.

11.03. Admit or deny that "freedom of speech" is an INDIVIDUAL right.

11.04. Admit or deny that if no individual Citizen has an INDIVIDUAL right to assemble, then "The People" do not have a COLLECTIVE right to assemble.

11.05. Admit or deny that "freedom to assemble" is an INDIVIDUAL right.

11.06. Admit or deny that if no individual Citizen has an INDIVIDUAL right to petition, then "The People" do not have a COLLECTIVE right to petition.

11.07. Admit or deny that "the right to petition" is an INDIVIDUAL right.

11.08. Admit or deny that the Constitution of the United States, Amendment 3 states:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

11.09. Admit or deny that "consent of the owner" is an INDIVIDUAL right.

11.10. Admit or deny that the Constitution of the United States, Amendment 4 states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

11.11. Admit or deny that if no individual Citizen has an INDIVIDUAL right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, then "The People" do not have a COLLECTIVE right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

11.12. Admit or deny that the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is an INDIVIDUAL right.

11.13. Admit or deny that the Bill of Rights 5 lists "INDIVIDUAL" rights.

11.14. Admit or deny that there can be no "COLLECTIVE" rights unless there are "INDIVIDUAL" rights.

11.15. Admit or deny that the Constitution of the United States, Amendment 2 states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

11.16. Admit or deny that the RIGHT to bear arms WITHOUT INFRINGEMENT is an "INDIVIDUAL" right.


        12. CONCEALED CARRY PROHIBITION CONTRADICTS THE U.S.
            CONSTITUTION; CONTRADICTS THE DECLARATION OF INDEPENDENCE.


12.01. Admit or deny that the Declaration of Independence contains the following text:

We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and unalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

12.02. Admit or deny that according to the Declaration of Independence the purpose of governments is to secure the right to life.

12.03. Admit or deny that any law which diminishes the Citizen's safety and increases a Citizen's endangerment is contrary to the purpose of government as stated in the Declaration of Independence.

12.04. Admit or deny that inherent in the right to life is the right to protect, defend, and secure that life.

12.05. Admit of deny that a right that is not allowed to be defended is not a right at all.

12.06. Admit or deny that any diminishment or elimination of a means, method, or right to protect, defend, and secure one's life means such a right to life is transmuted into a mere privilege to be taken or granted at the mere whim of the legislature.

12.07. Admit or deny that any government that transmutes a right to life into a privilege of life is a government which negates its reason for existing.

12.08. Admit or deny that a government which has negated its reason for existing is a government without authority.

12.09. Admit or deny that the Constitution of the United States, Amendment 2 states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

in·fringe v. in·fringed, in·fring·ing, in·fring·es. --tr. 1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent. 2. Obsolete. To defeat; invalidate. --intr. To encroach on someone or something; engage in trespassing: an increased workload that infringed on his personal life. [Latin infringere, to destroy]
Cite: American Heritage Electronic Dictionary

12.10. Admit or deny that the RIGHT to bear arms WITHOUT INFRINGEMENT is an "INDIVIDUAL" right.

12.11. Admit or deny that the word "bear", as used in the context of the U.S. Constitution, means "to carry on one's person".

12.12. Admit or deny that the word "infringed", means to transgress the right to carry arms on one's person for security and defense.

12.13. Admit or deny that the word "infringed", means to defeat the right to carry arms on one's person for security and defense.

12.14. Admit or deny that the word "infringed", means to invalidate the right to carry arms on one's person for security and defense.

12.15. Admit or deny that the word "infringed", means to encroach upon the right to carry arms on one's person for security and defense.

12.16. Admit or deny that the word "infringed", means to trespass the right to carry arms on one's person for security and defense.

12.17. Admit or deny that the word "infringed", means to violate the right to carry arms on one's person for security and defense.

12.18. Admit or deny that an unloaded firearm offers NO security, defense, or protection.

12.19. Admit or deny that a firearm not carried on one's person and not within immediate reach of said person offers NO security, defense, or protection.

12.20. Admit or deny that a law purporting to cause a firearm to be unloaded or out of the Citizen's immediate reach makes said firearm USELESS for the purpose of security, defense, or protection.

12.21. Admit or deny that a law purporting to make a firearm USELESS for the purpose of security, defense, or protection is a law that CONTRADICTS the Declaration of Independence's statement that the purpose of government to protect life .

12.22. Admit or deny that a law purporting to make a firearm USELESS for the purpose of security, defense, or protection is a law that CONTRADICTS the U.S. Constitution that the right to bear arms shall not be INFRINGED.

12.23. Admit or deny that the U.S. Constitution, Article 6 contains the following text:

"This Constitution . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."  6

12.24. Admit of deny that in the context of Article 6, "NOTWITHSTANDING" means null and void.

12.25. Admit or deny that any law that violates a Constitutional provision is null and void ab initio.

12.26. Admit or deny that the Constitution of the United States, Amendment 2 does not state "the right of the people to keep and bear Arms, shall be infringed if the people bear their arms concealed."



        13. CONCEALED CARRY PROHIBITION CONTRADICTS WISCONSIN
            CONSTITUTION


13.01. Admit or deny that Article 1, Section 1 of the Wisconsin Constitution contains the following text:

All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.

13.02. Admit of deny that according to the Wisconsin Constitution, the purpose of governments is to secure the inherent right to life of the Citizens.

13.03. Admit or deny that any law which diminishes the Citizen's safety and increases a Citizen's endangerment is contrary to the purpose of government stated in the Wisconsin Constitution.

13.04. Admit or deny that inherent in the right to life is the right to protect, defend, and secure that life.

13.05. Admit of deny that a right that is not allowed to be defended is not a right at all.

13.06. Admit or deny that any diminishment or elimination of a means, method, or right to protect, defend, and secure one's life means such a right to life is transmuted into a mere privilege to be taken or granted at the mere whim of the legislature.

13.07. Admit or deny that any government that transmutes a right to life into a privilege of life is a government which negates its reason for existing.

13.08. Admit or deny that a government which has negated its reason for existing is a government without authority.

13.09. Admit or deny that the Wisconsin Constitution Article 1, Section 25 states the following:

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

13.10. Admit or deny that the word "bear", as used in the context of the Wisconsin Constitution, means "to carry on one's person".

13.11. Admit or deny that furthermore, the word "bear", as used in the context of the Wisconsin Constitution, means "to carry on one's person for security, defense" and protection.

13.12. Admit or deny that bearing (carrying on one's person) arms for security and defense is SPECIFICALLY addressed in the Wisconsin Constitution as a RIGHT.

13.13. Admit or deny that bearing (carrying on one's person) arms for security and defense IS a RIGHT.

13.14. Admit or deny that bearing (carrying on one's person) arms for security and defense is NOT a PRIVILEGE.

13.15. Admit or deny that any law changing a SPECIFIC RIGHT listed in the Wisconsin Constitution into a "privilege" is a law that IS REPUGNANT to the Wisconsin Constitution, edicts to the contrary by black robed tyrants NOTWITHSTANDING.

13.16. Admit or deny that an unloaded firearm offers NO security, defense, or protection.

13.17. Admit or deny that a firearm not carried on one's person and not within immediate reach of said person offers NO security, defense, or protection.

13.18. Admit or deny that a law purporting to cause a firearm to be unloaded or out of the Citizen's immediate reach makes said firearm USELESS for the purpose of security, defense, or protection.

13.19. Admit or deny that a law purporting to make a firearm USELESS for the purpose of security, defense, or protection is a law that CONTRADICTS the Wisconsin Constitution's statement that the purpose of government to protect life .

13.20. Admit or deny that the Wisconsin Constitution Article 1, Section 25 does not state "The people have the right to keep and bear arms for security, defense only if the people do not bear their arms concealed."

13.21. Admit or deny that any law that purports to regulate the carrying of a loaded firearm on their person or within their reach (concealed or otherwise), is a law which interferes with; diminishes; or eliminates entirely; the Citizen's right to; and means of; self defense.

13.22. Admit or deny that any law that purports to interfere with; diminish; or eliminate entirely; the Citizen's right to; and means of; self defense is a law that INCREASES the Citizen's endangerment.


        14. GUN FREE ZONES ARE VICTIM ZONES


14.01. Admit or deny that deputy sheriffs carry guns for self-defense against being killed by criminals resisting arrest.

14.02. Admit or deny that a Citizen with nothing to wield defending against a gun wielding attacker intent on multiple homicides is going to die. (Virginia Tech; Columbine.)

14.03. Admit or deny that a knife wielding Citizen defending against a gun wielding attacker intent on multiple murders is just as likely to die.

14.04. Admit or deny that a gun wielding Citizen defending against a gun wielding attacker intent on multiple murders has a much greater chance of not dying. (Appalachian Law School.)

14.05. Admit or deny that the would be victim's first line of self-defense or self-protection against being injured or killed is the ability of the would be victim to respond with force commensurate with the attacker's initiation of force against the would be victim.

14.06. Admit or deny that after the first killing at Virginia Tech, one well aimed bullet in return fire would have ended the homicidal rampage.

14.07. Admit or deny that the homicidal rampage was not terminated at Virginia Tech because law abiding Citizens were NOT allowed to carry upon their persons the appropriate tools required to terminate said homicidal rampage.

14.08. Admit or deny that interference of the Citizen's RIGHT to carry, concealed or otherwise, prevented law abiding Citizen's from ending the homicidal rampage at Virginia Tech.

14.09. Admit or deny that it would take 32 negligent, lethal firearms discharges to equal the number of people killed at Virginia Tech.

14.10. Admit or deny that it would take 30 negligent, injurious firearms discharges to equal the number of people injured at Virginia Tech.

14.11. Admit or deny that after the first killing at Columbine High School, two well aimed bullets in return fire would have ended the homicidal rampage.

14.12. Admit or deny that the homicidal rampage was not terminated at Columbine High School because law abiding Citizens were NOT allowed to carry upon their persons the appropriate tools required to terminate said homicidal rampage.

14.13. Admit or deny that interference of the Citizen's RIGHT to carry, concealed or otherwise, prevented law abiding Citizen's from ending the homicidal rampage at Columbine High School.

14.14. Admit or deny that it would take 13 negligent, lethal firearms discharges to equal the number of people killed at Columbine High School.

14.15. Admit or deny that it would take 23 negligent, injurious firearms discharges to equal the number of people injured at Columbine High School.

14.16. Admit or deny that in January 2002, a homicidal rampage at the Appalachian Law School in Virginia ended with ONLY 3 DEAD and ONLY 3 INJURED.

14.17. Admit or deny that the homicidal rampage at the Appalachian Law School in Virginia ended with ONLY 3 dead and ONLY 3 injured because Mikael Gross and Tracy Bridges confronted the criminal WITH GUNS DRAWN. 7

14.18. Admit or deny that well aimed bullets in return fire were NOT required at the Appalachian Law School in Virginia because simply presenting the criminal with the choice of surrender or death ended the homicidal rampage.


        15. LEGISLATORS REQUIRED TO UPHOLD U.S. AND WISCONSIN
            CONSTITUTIONS


15.01. Admit or deny that the U.S. Constitution, Article 6 contains the following text:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

15.02. Admit or deny that members of the Wisconsin legislature shall take and subscribe an oath or affirmation to support the Constitution of the United States.

15.03. Admit or deny that Article 4, Section 28 of the Wisconsin Constitution states:

"Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability."

15.04. Admit or deny that members of the Wisconsin legislature shall take and subscribe an oath or affirmation to support the Constitution of the state of Wisconsin.

15.05. Admit or deny that supporting the Constitutions of the U.S. and Wisconsin require the support of the Citizen's right to life, liberty, property, and pursuit of happiness per almost all of the preceding facts.

15.06. Admit or deny that members of the Wisconsin legislature are required to protect the Citizen's rights to life, liberty, property, and pursuit of happiness per almost all of the preceding facts.

15.05. Admit or deny that members of the Wisconsin legislature are required to NOT infringe, interfere, or abrogate the Citizen's rights to life, liberty, property, and pursuit of happiness per almost all of the preceding facts.


        16. CRIMES AGAINST CITIZENS, VIOLATIONS OF RIGHT TO LIFE


16.01. Admit or deny that as defined in Wisconsin Statute 939.24 "Criminal recklessness" is stated as follows:

(1) In this section, "criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, [exceptions relating to unborn children omitted].

16.02. Admit or deny that "criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm by interfering with a Citizen's means or methods of self defense and the actor is aware of that risk.

16.03. Admit or deny that as stated in Wisconsin Statute 940.02 "First-degree reckless homicide" is as follows:

(1) Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony.

16.04. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's death when the interfering person knows such interference is likely to lead to the defending Citizen's death is the showing of an "utter disregard for human life".

16.05. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's death when the interfering person knows such interference is likely to lead to the defending Citizen's death is a Class B felony.

16.06. Admit or deny that as stated in Wisconsin Statute 940.06 "Second-degree reckless homicide" is as follows:
(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.

16.07. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's death as a result of the interfering person's interference is the recklessly causing of the death of another human being.

16.08. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's death because of the interfering person's interference is a Class D felony.

16.09. Admit or deny that as stated in Wisconsin Statute 940.23(1) "First-degree reckless injury" is as follows:

(a) Whoever recklessly causes great bodily harm to another human being under circumstances which show utter disregard for human life is guilty of a Class D felony.

16.10. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's great bodily harm when the interfering person knows such interference is likely to lead to the defending Citizen's death is the showing of an "utter disregard for human life".

16.11. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's great bodily harm when the interfering person knows such interference is likely to lead to the defending Citizen's death is a Class D felony.

16.12. Admit or deny that as stated in Wisconsin Statute 940.23(2) "Second-degree reckless injury" is as follows:

(a) Whoever recklessly causes great bodily harm to another human being is guilty of a Class F felony.

16.13. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's great bodily harm as a result of the interfering person's interference is the recklessly causing of great bodily harm of another human being.

16.14. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's great bodily harm because of the interfering person's interference is a Class F felony.

16.15. Admit or deny that as defined in Wisconsin Statute 939.25 "Criminal negligence" is as follows:

(1) In this section, "criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, [exceptions relating to unborn children omitted].

16.16. Admit or deny that "criminal negligence" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being by interfering with a Citizen's means of self defense and the actor should realize interfering with a Citizen's means of self defense creates a substantial and unreasonable risk of death or great bodily harm to another.

16.17. Admit or deny that as stated in Wisconsin Statute 940.01 "First-degree intentional homicide" is as follows:

(1) OFFENSES. (a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.

16.18. Admit or deny that Wisconsin Statute 939.05 "Parties to crime" 8 contains the following text:

(1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.
(2) A person is concerned in the commission of the crime if the person:
(b) Intentionally aids and abets the commission of it; or

16.19. Admit or deny that any interference whatsoever of a Citizen's means or methods of self defense which results in the defending Citizen's death makes the interfering party "A person [] concerned in the commission of the crime" of First-degree intentional homicide by reason of the commission of an act that "Intentionally aids and abets the commission of" First-degree intentional homicide.


        17. GOVERNOR; LEGISLATORS PARTIES TO CRIME BY FAILURE TO
            CORRECT LAWS THAT ENDANGER CITIZENS


17.01. Admit or deny that legislative bills are created by legislators.

17.02. Admit or deny that legislative bills do not become law unless approved by the governor or rejected by the governor and said rejection is subsequently overridden by two thirds of the legislature. 9

17.03. Admit or deny that legislative bills that become law are called Wisconsin Statutes.

17.04. Admit or deny that Wisconsin Statutes are created by Wisconsin Legislators AND the Wisconsin Governor (unless vetoed).

For facts about GUN FREE VICTIM ZONES, see section 14.

17.05. Admit or deny that Wisconsin GUN FREE VICTIM ZONES are created by Wisconsin Statutes.

17.06. Admit or deny that Wisconsin GUN FREE VICTIM ZONES are created by Wisconsin Legislators with the Wisconsin Governor's approval (unless the governor vetoes and is overridden.)

17.07. Admit or deny that Wisconsin GUN FREE VICTIM ZONES are continued by Wisconsin Legislators that fail to repeal the Wisconsin Statutes which created the Wisconsin GUN FREE VICTIM ZONES.

17.08. Admit or deny that Wisconsin GUN FREE VICTIM ZONES are continued by a Wisconsin Governor vetoing legislation which would repeal the Wisconsin Statutes which created the Wisconsin GUN FREE VICTIM ZONES.

17.09. Admit or deny that per Wisconsin Statute 939.25 (see fact 16.15) "criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, [exceptions relating to unborn children omitted].

17.10. Admit or deny that per Wisconsin Statute 939.25 (see fact 16.15) "criminal negligence" means ordinary negligence to a high degree, consisting of [failing to repeal Wisconsin Statutes that create Wisconsin GUN FREE VICTIM ZONES] that the actor [any governor or legislator] should realize creates a substantial and unreasonable risk of death or great bodily harm to another, [exceptions relating to unborn children omitted].

17.11. Admit or deny that per Wisconsin Statute 939.24 (see fact 16.01) "criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, [exceptions relating to unborn children omitted].

17.12. Admit or deny that per Wisconsin Statute 939.24 (see fact 16.01) "criminal recklessness" means that the actor [any governor or legislator] creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk [in Wisconsin GUN FREE VICTIM ZONES ].

17.13. Admit or deny that per Wisconsin Statute 940.23(2) (see fact 16.12) "Second-degree reckless injury" means recklessly caus[ing] great bodily harm to another human being.

17.14. Admit or deny that per Wisconsin Statute 940.23(2) (see fact 16.12) "Second-degree reckless injury" means recklessly caus[ing] great bodily harm to another human being by actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES.

17.13. Admit or deny that per Wisconsin Statute 940.23(1) (see fact 16.09) "First-degree reckless injury" means recklessly caus[ing] great bodily harm to another human being under circumstances which show utter disregard for human life.

17.14. Admit or deny that per Wisconsin Statute 940.23(1)  (see fact 16.09) "First-degree reckless injury" means recklessly causing great bodily harm to another human being under circumstances created by the parties to the crime in their actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES which show utter disregard for human life. (See section 14 GUN FREE VICTIM ZONES.)

17.15. Admit or deny that per Wisconsin Statute 940.06 (see fact 16.06) "Second-degree reckless homicide" means recklessly caus[ing] the death of another human being.

17.16. Admit or deny that per Wisconsin Statute 940.06 (see fact 16.06) "Second-degree reckless homicide" means recklessly causing the death of another human being by actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES.

17.17. Admit or deny that per Wisconsin Statute 940.02 (see fact 16.03) "First-degree reckless homicide" is recklessly caus[ing] the death of another human being under circumstances which show utter disregard for human life.

17.18. Admit or deny that per Wisconsin Statute 940.02 (see fact 16.03) "First-degree reckless homicide" is recklessly causing the death of another human being under circumstances created by the parties to the crime in their actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES which show utter disregard for human life. (See section 14 GUN FREE VICTIM ZONES.)

17.19. Admit or deny that per Wisconsin Statute 939.05 (see fact 16.18) "Parties to crime" means a person who intentionally aids and abets the commission of the crime even if the party to the crime did not directly commit the crime.

17.20. Admit or deny that per Wisconsin Statute 939.05 (see fact 16.18) "Parties to crime" means a person who intentionally aids and abets the commission crime in a Wisconsin GUN FREE VICTIM ZONE by their actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES.

17.21. Admit or deny that the death of any Citizen in a Wisconsin GUN FREE VICTIM ZONE makes any governor or legislator a party to the crime of "First-degree reckless homicide" per Wisconsin Statute 940.02 (see fact 16.03) and "Criminal recklessness" per Wisconsin Statute 939.24 (see fact 16.01) by their actions that create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES.

17.22 Admit or deny that the termination of any criminal's homicidal rampage by a Citizen carrying a gun (see fact 14.17) in violation of any statute that creates a Wisconsin GUN FREE VICTIM ZONE proves that actions which create, or fail to terminate Wisconsin GUN FREE VICTIM ZONES are actions that aid and abet the commission of the crime even if the party to the crime did not directly commit the crime.

17.23. Admit or deny that a Wisconsin GUN FREE VICTIM ZONE is ANY place where a Citizen's right to carry concealed is abridged, infringed, or abrogated.


        18. WISCONSIN GUN FREE VICTIM ZONES


18.01. Admit or deny that anywhere a Citizen chooses to carry a defensive weapon concealed is a Wisconsin GUN FREE VICTIM ZONE. 10

18.02. Admit or deny that a Citizen's motorboat is a Wisconsin GUN FREE VICTIM ZONE. 11

18.03. Admit or deny that a Citizen's automobile (vehicle) is a Wisconsin GUN FREE VICTIM ZONE 12

18.04. Admit or deny that all public ways and thoroughfares and bridges on the same are Wisconsin GUN FREE VICTIM ZONES. 13

18.05. Admit or deny that all roads or driveways in the state, county or municipal parks and in state forests are Wisconsin GUN FREE VICTIM ZONES. 13

18.06. Admit or deny that all roads or driveways upon the grounds of public schools, and institutions under the jurisdiction of the county board of supervisors are Wisconsin GUN FREE VICTIM ZONES. 13

18.07. Admit or deny that any building owned or leased by the state or any political subdivision of the state is a Wisconsin GUN FREE VICTIM ZONE.  14



        19. GOVERNOR AND LEGISLATORS UNDER A CONSTITUTIONAL DUTY TO
            TERMINATE WISCONSIN GUN FREE VICTIM ZONES.


19.01. Admit or deny that once any Wisconsin governor or legislator learns of the facts highlighted in this interrogatory, such a Wisconsin governor or legislator has a CONSTITUTIONAL DUTY to repeal any law that purports to make the right of concealed carry a criminal act.


20. THE ONLY PURPOSE GOVERNMENT HAS FOR DISARMING THE PEOPLE IS TO SUBJUGATE THEM UNDER TYRANNY.

The following is attributed to Thomas Jefferson who had a large hand in composing the Constitution of the United States:

"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual."


        21. MOLON LABE


Pronounced mo-lone lah-veh. Translation: Come and take them.  The Result of Molon Labe

Those 300 Greeks really got angry that the 600,000 thought they would just lay down their weapons and give up. Even though those 300 men died in battle, they were angry enough to hold off the entire 600,000 Persian army long enough to delay so that the full Greek army could assemble and prepare a defense that would keep Greece free from the Persian takeover. The 600,000 lost many fighters in both the battle against Leonidas's 300 as well as against the Greek stronghold army they eventually had to face.
http://www.lewrockwell.com/perry/perry31.html




1 http://quickfacts.census.gov/qfd/states/55/55059.html

2 http://quickfacts.census.gov/qfd/states/55/55059.html

3 The 49 uniformed supervisors and deputies under the leadership of the Division Captain are responsible for patrolling highways, streets, and neighborhoods of the county 24 hours a day, 365 days a year. They respond to traffic accidents, issue traffic citations, keep the peace and quell disturbances, arrest offenders and testify in court. http://www.co.kenosha.wi.us/sheriff/ksdoper.html

4  These are the lowest 10 muzzle velocities extracted from the chart found at
http://www.chuckhawks.com/rifle_ballistics_table.htm

.45-70 (405 FP)   
1330
.357 Mag. (180 HP)   
1550
.44 Rem. Mag (240 FP)   
1760
.45-70 (300 HP)   
1810
.30 Carbine (110 RN)   
1990
.35 Rem. (200 RN)   
2080
.458 Win. Mag. (500 RN)   
2090
.450 Marlin (350 FP)   
2100
.30-30 Win. (170 FP)   
2200
.32 Spec. (170 FP)   
2250


5 BILL OF RIGHTS
ARTICLE (I.)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
ARTICLE (II.)
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
ARTICLE (III.)
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE (IV.)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE (V.)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE (VI.)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
ARTICLE (VII.)
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
ARTICLE (VIII.)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE (IX.)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE (X.)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

6  U.S. CONSTITUTION, ARTICLE. VI.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

7 A week and a half after the assault, I appeared on a radio program in Los Angeles along with Tracy Bridges, one of the Appalachian Law School heroes. Tracy related how "shocked" he had been by the news coverage. Though he had carefully described to over 50 reporters what had happened, explaining how he had to point his gun at the attacker and yell at him to drop his gun, the media had consistently reported that the incident had ended by the students "tackling" the killer. Cite: http://www.lewrockwell.com/lott/lott14.html

8 939.05 Parties to crime.
(1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.
(2) A person is concerned in the commission of the crime if the person:
(a) Directly commits the crime; or
(b) Intentionally aids and abets the commission of it; or
(c) Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other crime which is committed in pursuance of the intended crime and which under the circumstances is a natural and probable consequence of the intended crime. This paragraph does not apply to a person who voluntarily changes his or her mind and no longer desires that the crime be committed and notifies the other parties concerned of his or her withdrawal within a reasonable time before the commission of the crime so as to allow the others also to withdraw.

9 Wisconsin Constitution Article 5, Section 10
Governor to approve or veto bills; proceedings on veto.
SECTION 10. [As amended Nov. 1908, Nov. 1930 and Apr. 1990]
(1) (a) Every bill which shall have passed the legislature shall, before it becomes a law, be presented to the governor.
(b) If the governor approves and signs the bill, the bill shall become law. Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law.
(c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill.
(2) (a) If the governor rejects the bill, the governor shall return the bill, together with the objections in writing, to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the bill. If, after such reconsideration, two−thirds of the members present agree to pass the bill notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two−thirds of the members present it shall become law.
(b) The rejected part of an appropriation bill, together with the governor's objections in writing, shall be returned to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the rejected part of the appropriation bill. If, after such reconsideration, two−thirds of the members present agree to approve the rejected part notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two−thirds of the members present the rejected part shall become law.
(c) In all such cases the votes of both houses shall be determined by ayes and noes, and the names of the members voting for or against passage of the bill or the rejected part of the bill notwithstanding the objections of the governor shall be entered on the journal of each house respectively.
(3) Any bill not returned by the governor within 6 days (Sundays excepted) after it shall have been presented to the governor shall be law unless the legislature, by final adjournment, prevents the bill's return, in which case it shall not be law.

10 941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. History: 1977 c. 173; 1979 c. 115, 221.

The burden is on the defendant to prove that he or she is a peace officer and within the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973). A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565 (1986).

To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993). A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994). There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999), 97-1423.

Under the facts of the case, the privilege of of self-defense was inapplicable to a charge of carrying a concealed weapon. State v. Nollie, 2002 WI 4, 249 Wis. 2d 538, 638 N.W.2d 280, 00-0744.

The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit in the exercise of the police power is substantially outweighed by an individual's need to conceal a weapon in the exercise of the right to bear arms will an otherwise valid restriction on that right be unconstitutional, as applied. The right to keep and bear arms for security, as a general matter, must permit a person to possess, carry, and sometimes conceal arms to maintain the security of a private residence or privately operated business, and to safely move and store weapons within those premises. State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056. See also State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01-0350.

A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raise the constitutional defense: 1) under the circumstances, did the defendant's interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state's interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01-0056.

This section is constitutional as applied in this case. The defendant's interest in exercising his right to keep and bear arms for purposes of security by carrying a concealed weapon in his vehicle does not substantially outweigh the state's interest in prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher, 2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04-2989.

Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.

11 Wis. Stat. 167.31(2)(a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

12 Wis. Stat. 167.31(2)(b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
Wis. Stat. 167.31(2)(c) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

13 167.31(2)(b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

340.01(22) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46).


14 941.235 Carrying firearm in public building. (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.