Wisconsin Carry Lawsuit Challenges Madison Metro Transit’s Ban Of Lawful Firearms On Buses
Wisconsin Carry Lawsuit Challenges Madison Metro Transit’s Ban Of Lawful Firearms On Buses
Wisconsin --(Ammoland.com)- On November 19, 2013, Wisconsin Carry, Inc. sent a letter to Madison Metro Transit requesting they rescind their “ban” on concealed /open carry on Madison Metro Transit buses.
A copy of that letter is available here:
http://www.wisconsincarry.org/
Wisconsin Statute 66.0409 prohibits political subdivisions of the state including cities, villages, towns, and counties from enacting or adopting resolutions that regulate the possession, bearing, and transportation of firearms unless those ordinances or resolutions are the same as, similar to, and no more stringent than, a state statute. Our legal team has exhaustively reviewed Wisconsin Statutes and finds no law that restricts the right of the people to possess and transport weapons on public mass transit. As such, we believe the Madison Metro Transit policy of prohibiting law-abiding people from legally carrying while they ride Madison Metro busses is preempted by statute and unenforceable.
Our attempt to avoid litigation and save the taxpayers of Madison the expense of funding the cost of defending Madison Metro’s indefensible policy was unsuccessful. A civil lawsuit against the City of Madison was filed today in Dane County Circuit Court.
A copy of this lawsuit is available here:
http://www.wisconsincarry.org/
Wisconsin Carry, Inc. believes it is imperative that municipalities abide state laws, even those they may have political opposition to.
Furthermore, the right to keep and bear arms is a right guaranteed by both our State and Federal Constitutions. For many low-income individuals living in high-crime areas, mass transit is their only mode of transportation. Madison Metro Transit’s ban on lawful carry disproportionately disenfranchises low-income individuals from exercising their constitutional rights.
Individuals who rely on mass transit often begin and end their day with a ride on Madison Metro Buses. The ban on lawful carry therefore, results in those individuals being unable to have the means of self-defense, as they go about their daily lives, that Wisconsin’s Act 35 has extended to the people of Wisconsin.
Nik Clark Chairman – Wisconsin Carry, Inc.P.O. Box 270403
Milwaukee, WI 53227
[email protected]
About:
Wisconsin Carry, Inc. is a non-profit corporation dedicated to the preservation and reclamation of the rights of law-abiding Wisconsin residents to carry in the manner of their choosing. We believe that “open carry” and “concealed carry” are choices to be made by law-abiding citizens based on their situation and preference. Wisconsin Carry, like many gun-rights organizations in Wisconsin, is investing a great deal of resources to get Wisconsin law changed to allow concealed carry this next legislative session by proposing Constitutional Carry. Wisconsin Carry, Inc. will continue to use legal recourse to deter unlawful treatment of law-abiding Wisconsin residents who currently exercise their right to open carry, and soon will exercise their right to concealed carry in Wisconsin. Visit: www.wisconsincarry.org
Source: http://www.ammoland.com/2014/01/wisconsin-carry-lawsuit-challenges-madison-metro-transits-gun-ban/
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2nd amendment, SHALL NOT BE INFRINGED! there is NOTHING to discuss further!
“A statute does not trump the Constitution.”
People v. Ortiz, (1995) 32 Cal.App.4th at p. 292, fn. 2
Conway v. Pasadena Humane Society (1996) 45 Cal.App.4th 163
UNITED STATES OF AMERICA, v. JERRY ARBERT POOL, C.A. No. 09-10303,
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
(Opinion filed September 14, 2010), On Appeal From The United
States District Court For The Eastern District of California
18 USC § 241 – Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
18 USC § 242 – Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Gibson V. Ogden SUPREME COURT CASE 1824
When a federal and state law are in conflict, the federal law is supreme!
For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.”- Sherar v. Cullen, 481 F. 945.
in Eisner v. Macomber, 252 U.S. 189 (1920), to wit:
Congress … cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.
U.S. v Mersky (1960) 361 U.S. 431 a statute that regulates without constitutional authority is a nullity even though it be published in the books, recognized by the police and lowers courts, and even though it be unchallenged for decades.
The Legislature, either by amending or otherwise, may not nullify a constitutional provision
Rost v. Municipal Court of Southern Judicial District of San Mateo (1960)
Brookfield Construction Co. v. Stewart, 284 F.Supp 94: “An officer who acts in violation of the Constitution ceases to represent the government.”
When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S. 196, 220, 221, 1 S.Ct. 240, 261