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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.
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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
https://www.census.gov/quickfacts/fact/table/kenoshacountywisconsin,US/PST045217
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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