5/03/2007

Wisconsin courts examine concealed handgun issue.

Lawrence Stich writes me that the courts are examining these self-defense cases on a case by case basis. This strikes me as similar to not posting a speed limit but making you have to go to court regarding each case to determine if someone were going too fast.

Pizza-delivery man Andres Vegas, who shot two people in seven months who were trying to rob him during deliveries, says the concealed-carry criminal charge against him ought to be tossed out for infringing on his constitutional rights.

In a motion filed in Milwaukee County Circuit Court this week, lawyers for Vegas - he is fighting a misdemeanor charge for carrying a concealed weapon - contended that the state's concealed-weapons statute can't fairly be used against him because his job with Mona Lisa Pizza takes him places where he needs the gun for security.

"This prosecution functionally disallows Mr. Vegas' exercise of his constitutional rights to keep and bear arms for defense and security," his attorneys, Craig Mastantuono and Rebecca M. Coffee, wrote in the motion.

Authorities found Vegas shot the suspected robbers - one on N. 22nd St. on Jan. 4 and a 14-year-old boy on N. 34th St. on July 14 - in self-defense during what he told police were attempted armed robberies.

Vegas, 46, of Cudahy, was previously the victim of an armed robbery attempt in 2005, which was cited when prosecutors elected not to charge him in the July shooting. According to court records, he was also robbed, pepper-sprayed and beaten during a September pizza delivery, when he says he was unarmed. . . .

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