Citizens have a right to concealed firearms

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by Guest Columnist

Thursday, September 27, 2007 00:00

Earlier this week, the 31st Circuit Court of Milwaukee County took a huge step in the direction of giving Wisconsinites their much-deserved right to carry a concealed weapon. As the story goes, pizza delivery driver Andres Vegas from the Milwaukee area was mugged and beaten on four separate occasions while on his delivery route. After the first time, Mr. Vegas decided to carry a weapon. It's a good thing he did because the second time he was threatened at gunpoint. He shot one of his assailants — not lethally, mind you — and lived. He was not charged with carrying a concealed weapon because he acted in self-defense, but nevertheless had his gun confiscated and never returned. Less than two months later, Vegas was accosted again and severely beaten by three aggressors; this time he did not have a weapon because he was acting in compliance with the courts. Needless to say, Vegas went out and purchased another firearm. He was forced to shoot in self-defense again a few months later when he was again attacked at gunpoint on his delivery route. Once he had shot his attacker in the hip, he called 911 and waited. This time, it was determined that Mr. Vegas was acting in self-defense but he was charged with carrying a concealed weapon in the time leading up to the attack. Even though this charge was brought forward by the district attorney's office, the court has ruled in favor of Mr. Vegas, saying: "Defendant Vegas has demonstrated the requisite extraordinary circumstances that warrant his concealed weapon … Vegas legally purchased his firearm for the purpose of security and protection. There is a strong inference that Vegas' concealed firearm has saved his life during these violent assaults … Vegas has a substantial interest in being secure and protecting himself by carrying a concealed weapon."

So if Mr. Vegas can carry a concealed weapon to protect himself, why can't I?

The reason should be because I haven't yet reached the age of 21 and, therefore, am not legally allowed to own a handgun. However, that's not the case. Even in a few short months when I get a gun for my 21st birthday (hint to my daddy) I won't be able to carry it with me for the purpose of protection. Why? Because Gov. Jim Doyle says so. Apparently, in the state of Wisconsin, you're only allowed to protect yourself if you've already been severely attacked and lived through the situation. But doesn't our Constitution say in Article 1, Section 25, The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose"? Yes, it does.

So does that mean it is legitimate for one to carry a weapon here in Wisconsin, as long as it is not concealed?

That's how I'd read it, and that's how you should read it too. If you feel the need to protect yourself, for whatever reason, there should be absolutely nothing stopping you from doing so. Maybe, if law-abiding citizens were able to carry weapons, my friend wouldn't fear for her life walking home from a meeting on Tuesday night because there was a suicidal gunman walking around campus. Maybe, if law-abiding citizens were allowed to carry weapons, 33 people would not have died at Virginia Tech this past April.

There are a number of people who are going to make the argument that concealed weapons increase crime rate. You're wrong. There is no hard evidence anywhere that supports your theory. If you can show me your evidence, I will gladly retract that statement. Essentially, if a criminal wants to have a gun, he's going to have a gun regardless of what current gun laws are — he's a criminal, for goodness' sake, that's his nature. You think stricter gun laws are going to keep guns off the streets? Only the guns of people who actually follow the rules. Not allowing the law-abiding citizens their constitutional right to protect themselves is what gave Milwaukee the title of "Most dangerous city in America" last year.

It isn't even concealed weapon carrying that I'm necessarily talking about — just the right to protect yourself in general. This is an amazing concept, and if you want to learn more about it, I'd encourage you to join the College Republicans in welcoming Gene German to campus at 7 p.m., Oct. 9, in Grainger Hall to talk about this very topic.

As far as Vegas' case helping toward the eventual goal of concealed carry in Wisconsin, it's not much, but it is a start. Because of this court ruling, the state can no longer ignore the fact that weapons can help save lives, not just take them. It will also lead to more citizens exercising their right to carrying a weapon because there is substantial case law that now backs them up in doing so. It might not be quite the same as Mr. Doyle signing a law, but it certainly is a step in the right direction.

Sara Mikolajczak (mikolajczak@wisc.edu) is the chair of the UW College Republicans.