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.
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