Introduction

The defendant, Jeremy D. Pinnow, (Pinnow) has shifted to brush aside the lawless individual accusation ascribing him with Carrying a Concealed Weapon (CCW) in violation of Section 941.231 of the Wisconsin Statutes. The shift trials Section 941.23 of the Wisconsin Statutes as unconstitutional as directed to defendant Pinnow.

Factual Background

The parties have acquiesced that the lawless individual accusation and the transcript of the shift hearing held on November 4, 2010 before the Honorable J. D. Watts, presiding, supply a factual cornerstone for the court's outcome of fact. The lawless individual accusation states that the policeman glimpsed defendant Pinnow engaged in an clear-cut hand-to-hand pharmaceutical transaction in a vehicle at 2627 W. Capitol Drive, Milwaukee. Officers advanced the vehicle and inquired the defendant if he had any cannons, blades, pharmaceuticals, or blasting apparatus in the vehicle. Defendant answered that he had a cannon in the car. Officers sought the vehicle and retrieved a Cobra .380 caliber semi-automatic handgun in a case under the driver's seat. The cannon was unloaded. Officers retrieved a publication encompassing five .380 rounds in the center console. According to the testimony of Jeremy Pinnow, on Monday evening April 12, 2010, Pinnow and two coworkers were managing demolition work in a bathing room (Motion Hearing Transcript: 17:5-7.) at a 400-plus unit luxury suite construction at 14th Street and Locust Street, Milwaukee. They were stolen at gunpoint by two unidentified assailants.

Transcript: 15:19-20, 16:14-16.) The assailants sharp cannons at Pinnow and his coworkers and one assailant pushed a cannon to the back of Pinnow's head. (Motion Hearing Transcript: 7:21-23, 17:10-13.) The assailants took Pinnow's vehicle keys, wallet, cell telephone, cash and vehicle. Pinnow and his coworkers were hogtied; compelled hand and foot. The assailants notified Pinnow that when you get untied, you can gaze for your vehicle on 25th and Capitol, in the alleys. (Motion Hearing Transcript: 8:2-6.) Pinnow punctually described the equipped robbery to the police. The policeman would not report the vehicle thieved because it was not yet listed to him. Pinnow had just bought it. (Motion Hearing Transcript: 22:1-10.) Later that identical Monday evening, other policeman agents retrieved pieces, encompassing keys to Pinnow's thieved vehicle, taken in the equipped robbery of Pinnow and his coworkers in the locality of 32nd or 35th Streets. (Motion Hearing Transcript: 11:14-25; 12:1-3; 23:15- 25; 24:1-2.) However, as of Wednesday forenoon, April 14, 2010, after Pinnow communicated the policeman, the policeman notified Pinnow that they would not report his vehicle stolen. (Motion Hearing Transcript: 24:9-10.) Pinnow lawfully bought the .380 caliber chrome handgun from a personal trader at a cannon display at the Washington County fairgrounds. (Motion Hearing Transcript: 18:24-25; 19:1-12.) He had undertook internet study on transport of firearms. He accepted that he was conveying the handgun properly. (Motion Hearing Transcript: 9:1-15.)

           Pinnow not ever dragged the case out from the front while in the driver's chair and conveyed doubt as to what would occur if he would have had to get it. Pinnow approximated that the method of stacking the publication, injecting ...